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An Act
ENROLLED HOUSE
BILL NO. 1225 By: West (Kevin) and Woolley of
the House
and
Bergstrom and Burns of the
Senate
An Act relating to vital records; providing findings
and declarations; amending 63 O.S. 2021, Sections 1-
311, as last amended by Section 2, Chapter 58, O.S.L.
2025, 1-313, as amended by Section 2, Chapter 87,
O.S.L. 2022, 1-316, as amended by Section 3, Chapter
87, O.S.L. 2022, and 1-321, as last amended by
Section 10, Chapter 58, O.S.L. 2025 (63 O.S. Supp.
2025, Sections 1-311, 1-313, 1-316, and 1-321), which
relate to certificates of birth; updating statutory
language; requiring certificates of birth to contain
accurate biological sex designations; clarifying
certain requirement and prohibitions; updating
statutory reference; providing for noncodification;
and declaring an emergency.
SUBJECT: Vital records
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds and declares that it is enacting the
following statutory changes “to clarify existing law, as opposed to
altering its substance” per Purcell v. Santa Fe Minerals, Inc., 1998
OK 45, 961 P.2d 188. The Legislature further finds and declares
that these clarifications are important to protect, among other
things, the integrity and accuracy of vital statistics records. In
particular, the Legislature finds that private parties have been
ENR. H. B. NO. 1225 Page 2
wrongly asserting in court that the Legislature’s previous law
clarifying Oklahoma birth certificate statutes, Senate Bill No. 1100
of the 2nd Session of the 58th Oklahoma Legislature, constituted an
acquiescence to the unauthorized practice of changing the biological
sex designation on birth certificates to represent a person’s gender
identity. The Legislature finds and declares that Senate Bill No.
1100 of the 2nd Session of the 58th Oklahoma Legislature did nothing
of the sort; rather, it was intended to clarify, in response to
revelations about an unsanctioned settlement over a nonbinary
designation, that Oklahoma birth certificates are supposed to
contain a biological sex designation only, and that this designation
should not be altered to display gender identity, a nonbinary
designation, or anything other than a male or female designation.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-311, as
last amended by Section 2, Chapter 58, O.S.L. 2025 (63 O.S. Supp.
2025, Section 1-311), is amended to read as follows:
Section 1-311. A. A certificate of birth for each live birth
which occurs in this state shall be filed with the State
Commissioner of Health within seven (7) days after the birth.
B. When a birth occurs in an institution, the person in charge
of the institution or a designated representative shall obtain the
personal data, prepare the certificate and secure the signatures
required by the certificate. The physician in attendance shall
certify to the facts of birth and provide the medical information
required by the certificate within five (5) days after the birth.
C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother or, in the absence or inability of
the father or mother, the person in charge of the premises where the
birth occurred and present at the birth.
D. 1. If the mother was married at the time of birth, or
married at any time during the three hundred (300) calendar days
ENR. H. B. NO. 1225 Page 3
before the birth, the name of the husband shall be entered on the
certificate as the father of the child unless paternity has been
determined otherwise by a court of competent jurisdiction or a
husband’s denial of paternity form has been filed along with an
affidavit acknowledging paternity, in which case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entered. If there is a refusal to identify
paternity on the birth certificate, the State Department of Health
is authorized to register a birth certificate as such.
2. If the mother was not married at the time of birth, nor
married at any time during the three hundred (300) calendar days
before the birth, the name of the father shall be entered on the
certificate of birth only if:
a. a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name of the father shall be entered, or
b. the mother and father have agreed as to the biological
paternity of the child and signed an acknowledgment of
paternity pursuant to Section 1-311.3 of this title,
or substantially similar affidavit from another state
and filed it with the State Commissioner of Health.
This shall give the unmarried mother and biological father equal
rights and obligations to the child. A child whose parentage has
been determined as set forth shall be treated as a child of parents
who were married at the time of the birth.
E. Either of the parents of the child shall sign the
certificate of live birth worksheet to attest to the accuracy of the
personal data entered thereon, in time to permit its filing within
the seven (7) days prescribed in this section.
F. If the live birth results from a process in which the
delivering mother was carrying the child of another woman by way of
a prearranged legal contract, the original birth certificate shall
be filed with the personal information of the woman who delivered
the child. A new birth certificate will be placed on file once the
Department receives both a court order and a completed form
prescribed by the Department which identifies the various parties
and documents the personal information of the intended parents
necessary to complete the new birth certificate.
ENR. H. B. NO. 1225 Page 4
G. Beginning on April 25, 2022, the biological sex designation
on a Every certificate of birth issued under this section shall be
contain an accurate biological sex designation of either male or
female and, as identified at the time of birth. The biological sex
designation shall not be display gender identity, a nonbinary
designation, or any symbol representing a nonbinary designation
including, but not limited to, the letter “X”.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-313, as
amended by Section 2, Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2025,
Section 1-313), is amended to read as follows:
Section 1-313. A. When the birth of a person born in this
state has not been registered, a certificate may be filed in
accordance with regulations of the State Commissioner of Health.
Such certificate shall be registered subject to such evidentiary
requirements as the Commissioner shall by regulation prescribe, to
substantiate the alleged facts of birth.
B. Certificates of birth registered one (1) year or more after
the date of occurrence shall be marked “delayed” and show on their
face the date of the delayed registration.
C. A summary statement of the evidence submitted in support of
the delayed registration shall be endorsed on the certificate.
D. When an applicant does not submit the minimum documentation
required in the regulations for delayed registration, or when the
State Commissioner of Health finds reason to question the validity
or adequacy of the documentary evidence, the Commissioner shall not
register the delayed certificate and shall advise the applicant of
the reasons for his or her action.
E. Beginning on the effective date of this act, the biological
sex designation on a Every certificate of birth issued under this
section shall be contain an accurate biological sex designation of
either male or female and, as identified at the time of birth. The
biological sex designation shall not be display gender identity, a
nonbinary designation, or any symbol representing a nonbinary
designation including, but not limited to, the letter “X”.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 1-316, as
amended by Section 3, Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2025,
Section 1-316), is amended to read as follows:
ENR. H. B. NO. 1225 Page 5
Section 1-316. A. The State Commissioner of Health shall
establish a new certificate of birth for a person born in this
state, when the Commissioner receives the following:
1. An adoption certificate as provided in the Oklahoma Adoption
Code, or a certified copy of the decree of adoption together with
the information necessary to identify the original certificate of
birth and to establish a new certificate of birth; except that a new
certificate of birth shall not be established if so requested by the
court decreeing the adoption, the adoptive parents or the adopted
person; and
2. A request that a new certificate be established and such
evidence as required by regulation proving that such person has been
legitimated, or that a court of competent jurisdiction has
determined the paternity of such a person.
B. When a new certificate of birth is established, the actual
place and date of birth shall be shown. It shall be substituted for
the original certificate of birth:
1. Thereafter, the original certificate and the evidence of
adoption, paternity or legitimation shall not be amended, nor shall
it be subject to inspection except upon order of a court of
competent jurisdiction or as otherwise specifically provided by law;
and
2. Upon receipt of notice of annulment of adoption, the
original certificate of birth shall be restored to its place in the
files and the new certificate and evidence shall not be subject to
inspection except upon order of a court of competent jurisdiction.
The original certificate shall be restored and may be amended in
accordance with Section 1-321 of this title.
C. Beginning on the effective date of this act, the biological
sex designation on a Every new certificate of birth issued under
this section shall be contain an accurate biological sex designation
of either male or female and, as identified at the time of birth.
The biological sex designation shall not be display gender identity,
a nonbinary designation, or any symbol representing a nonbinary
designation including, but not limited to, the letter “X”.
ENR. H. B. NO. 1225 Page 6
SECTION 5. AMENDATORY 63 O.S. 2021, Section 1-321, as
last amended by Section 10, Chapter 58, O.S.L. 2025 (63 O.S. Supp.
2025, Section 1-321), is amended to read as follows:
Section 1-321. A. A certificate or record registered under
this article may be amended only in accordance with this article and
regulations thereunder adopted by the State Commissioner of Health
to protect the integrity and accuracy of vital statistics records.
B. A certificate that is amended under this section shall be
marked “amended”, except as provided in subsection D E of this
section. The date of amendment and a summary description of the
evidence submitted in support of the amendment shall be endorsed on
or made a part of the record.
The Commissioner shall prescribe by regulation the conditions under
which additions or minor corrections shall be made to birth
certificates within one (1) year after the date of birth without the
certificate being considered as amended. Certificates shall be
marked as “amended” for minor corrections made one (1) year after
the date of birth.
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name of a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the State Commissioner of Health
shall amend the certificate of birth to reflect the new name.
D. When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
1. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledgment of paternity has
been signed by both parents or a court order adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
ENR. H. B. NO. 1225 Page 7
1. To the specified surname upon receipt of acknowledgment of
paternity signed by both parents, upon receipt of a certified copy
of a court order directing such name be changed or upon receipt of
an electronic record from the Department of Human Services
indicating that an acknowledgment of paternity has been signed by
both parents or a court order directs such name change. Such
certificate amended pursuant to this subsection shall not be marked
“amended”; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the Department receives false
information regarding the identity of a parent.
G. If within one (1) year of the initial issuance of a
certificate of death, a funeral director, or a person acting as
such, requests a correction to any portion of the death record
except the information relating to the medical certification
portion, due to a scrivener’s error, misspelling or other correction
of information, the State Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
request is made in writing or through an electronic system and is
accompanied by documentation disclosing the correct information or
by a sworn statement of the funeral director. The funeral director,
or person acting as such, shall be responsible for any and all
amendment fees that may be imposed by the State Commissioner of
Health for the correction. Up to ten certified copies containing
the erroneous original information may be exchanged for certified
copies containing the corrected information at no additional cost.
H. Beginning April 26, 2022, the biological sex designation on
a Every certificate of birth amended under this section shall be
contain an accurate biological sex designation of either male or
female and shall not be, as identified at the time of birth. The
biological sex designation shall not be amended to display gender
identity, a nonbinary designation, or any symbol representing a
nonbinary designation including, but not limited to, the letter “X”.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 1225 Page 8
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________