Bill Text: NH HB446 | 2019 | Regular Session | Amended


Bill Title: Relative to initiating amendments and corrections to birth records.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed) 2019-05-15 - Ought to Pass with Amendment 2019-1854s, Motion Adopted, Voice Vote; OT3rdg; 05/15/2019; Senate Journal 16 [HB446 Detail]

Download: New_Hampshire-2019-HB446-Amended.html

HB 446 - AS AMENDED BY THE SENATE

 

14Mar2019... 0801h

05/15/2019   1854s

 

2019 SESSION

19-0762

05/01

 

HOUSE BILL 446

 

AN ACT relative to initiating amendments and corrections to birth records.

 

SPONSORS: Rep. Cannon, Straf. 18; Rep. Cushing, Rock. 21; Rep. Butler, Carr. 7; Rep. Bunker, Rock. 18; Rep. Le, Rock. 31; Rep. MacKay, Merr. 14; Rep. Muscatel, Graf. 12; Sen. Watters, Dist 4

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill provides a procedure for an individual to obtain a new birth certificate to reflect a sex designation other than that which was assigned at birth.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Mar2019... 0801h

05/15/2019   1854s 19-0762

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to initiating amendments and corrections to birth records.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Vital Records; Initiating Amendments and Corrections to Birth Records; Gender Identity.  RSA 5-C:87, V is repealed and reenacted to read as follows:

V.  If an individual requests a birth record reflecting a gender designation other than that which was assigned at birth, a new birth record shall be prepared to reflect a change in the individual's gender upon receipt of a notarized certification affirming the individual's gender designation by a licensed and qualified health care provider.

(a)  The notarized certification shall be signed by a licensed and qualified health care provider under the penalty of RSA 5-C:14.  It shall provide that the named individual is currently or was previously under the signing health care provider's care, and that in the health care provider's professional opinion the individual's gender is (1) male, (2) female, or (3) neither male nor female, and can be reasonably expected to continue as such for the foreseeable future.

(b)  The application shall be signed by the applicant under the penalty of RSA 5-C:14.  This signature shall certify that the request for change of gender is for the purpose of ensuring that the applicant's birth record accurately reflects the applicant's gender, and that the request is not for any fraudulent or unlawful purpose.  If the applicant is a minor who is at least 14 years of age but less than 18 years of age, the application shall be signed by the applicant and by each parent listed on the minor's birth certificate or the minor's legal guardian.  If a parent listed on the birth certificate cannot be found, the applicant also shall submit a certified copy of a court order stating that the consent of only one parent is required.  If a parent is deceased, a certified copy of the death certificate shall be submitted with the application.

(c)  The individual shall surrender any prior birth record issued by the state of New Hampshire in the individual's possession.  The original birth record shall be retained by the city or town of birth.  The city or town clerk shall submit the individual's application, the health care provider's certification, and a certified copy of the original birth record to the state registrar for review.  Upon approval by the state registrar, the city or town clerk shall issue a new birth record with a marginal note indicating that the record has been amended in accordance with this paragraph.  The birth records shall reflect the gender as male, female, or neither.

(d)  The fee to amend a birth record pursuant to this paragraph shall be the same as the fee to amend a birth record pursuant to RSA 5-C:10, III.  Any subsequent amendment to the birth record regarding gender designation shall require a court order.

(e)  In this paragraph, "licensed and qualified health care provider" means a treating and licensed physician, physician assistant, psychologist, advanced practice registered nurse, clinical social worker, or clinical mental health counselor.

2  Effective Date.  This act shall take effect January 1, 2020.

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