Along with one of the many new laws that California has put in place recently, there is the California Health and Safety Code Section 103426, which states that it is now legal to change the gender on a birth certificate without gaining a court order. This is especially helpful for transgender individuals who wish to have a gender change (and usually a name change to go along with it), but are worried that they won’t be able to obtain a court order because of discrimination or embarrassment on their part.
According to this new law, which was effective on July, 1, 2014, changes to birth certificates can now be made without a court order simply by obtaining an affidavit signed by the doctor who is in charge of treating the transgender individual that states that the individual wishing to change their gender on their birth certificate has obtained the appropriate treatment regarding their gender transition. Once the individual has obtained the affidavit signed by their doctor, all they have to do is take it to the California Office of Vital Records in order to change their gender on their birth certificate.
By having this law in place it saves the individual and the court valuable time and money, as well as sparing the individual possible embarrassment or discrimination that they may normally have had to experience in a situation and setting such as a court setting. This law along with the California Code of Civil Procedure Section 1277 (a) (5) California law update—no publication required for name changes to gender transitions, which states that transgender individuals do not have to have their new name (if they decide to change their name to better suit their new gender) published in the local newspaper, are a step forward for acceptance and equality for transgender individuals.
Both of these laws were passed and went into effect on the same date and both have to do with transgender individuals and they may have been passed because of transgender advocacy groups arguing for transgender individuals legal rights, but nevertheless, these laws being passed and put into effect is a step forward for acceptance of transgender individuals in our society.
For more information about California Health and Safety Code Section 103426 California law update—changing gender on birth certificates is now an option, or on California Code of Civil Procedure Section 1277 (a) (5) California law update—no publication required for name changes to gender transitions, consult with an attorney, visit library or government records offices or visit several legal websites that would have information about these new laws such as montesfamilylaw.com.
Works Cited
“Changing Gender On California Birth Certificates Gets Easier.” Nolo.com. Nolo, 1 July 2014.
Web. 25 Feb. 2016.
