Bill Text: NY A07197 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to court recognition of a change of gender, adds gender to procedures regarding change of name.

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced) 2019-04-12 - referred to governmental operations [A07197 Detail]

Download: New_York-2019-A07197-Introduced.html

                STATE OF NEW YORK
            S. 5168                                                  A. 7197
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                     April 12, 2019
        IN SENATE -- Introduced by Sen. HOYLMAN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes
        IN  ASSEMBLY -- Introduced by M. of A. BUCHWALD, SIMON, BRONSON, WEPRIN,
          GOTTFRIED -- read once and referred to the Committee  on  Governmental
        AN  ACT  to amend the civil rights law, in relation to court recognition
          of a change of gender
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 2 and 3 of section 61 of the civil rights law
     2  are renumbered subdivisions 6 and 7 and four new subdivisions  2,  3,  4
     3  and 5 are added to read as follows:
     4    2.  The  petition  to change a petitioner's name may also request that
     5  the court recognize and direct a  change  in  the  petitioner's  gender.
     6  Such request shall be accompanied, a) by an affidavit from the petition-
     7  er,  which  affidavit  shall  be  accepted as conclusive proof of gender
     8  change if  it  contains  substantially  the  following  language:    "I,
     9  (petitioner's  full  name),  hereby attest under penalty of perjury that
    10  the request for a change in gender to (female, male, or nonbinary) is to
    11  conform my legal gender to my gender identity and is not for any fraudu-
    12  lent purpose"; and b) certification by a medical  professional  who  has
    13  treated  the  petitioner  in  the  following form: "I, (physician's full
    14  name), (physician's medical license  or  certificate  number),  (issuing
    15  U.S.  State/Foreign  Country  of  medical  license/certificate),  am the
    16  physician of (name of  patient),  with  whom  I  have  a  doctor/patient
    17  relationship   and   whom  I  have  treated  (or  with  whom  I  have  a
    18  doctor/patient relationship and whose medical history  I  have  reviewed
    19  and evaluated). (Name of patient) has had appropriate clinical treatment
    20  for  gender  transition  to  the  new gender (specify male or female). I
    21  declare under penalty of perjury under the laws  of  the  United  States
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5168                             2                            A. 7197
     1  that  the  foregoing  is  true  and  correct.  (Signature)  (Typed Name)
     2  (Date)".
     3    3.  A  petitioner  may  make  a  request  for an order recognizing and
     4  directing a change in petitioner's gender  by  motion  under  the  Index
     5  Number of an already granted name change.
     6    4.  A  petitioner  may  make  a  request  for an order recognizing and
     7  directing a change in petitioner's gender by in writing, signed  by  the
     8  petitioner and verified in like manner as a pleading in court of record,
     9  and  shall  specify  the  grounds  of the application, the name, date of
    10  birth, place of birth, age and residence of the individual whose name is
    11  proposed to be changed and the name which he or she proposes to assume.
    12    5. Unless a written objection is filed within twenty-eight days of the
    13  filing of the petition and shows good cause for opposing a  court  order
    14  recognizing  the change of name and/or gender, the court shall grant the
    15  petition without a hearing. If an objection is timely filed,  the  court
    16  may  set  a  hearing,  at  a  time  designated by the court, only if the
    17  objection filed shows good cause for opposing the  petition.  Objections
    18  based  solely  on  concerns over the petitioner's actual gender identity
    19  shall not constitute good cause. At the hearing, the court  may  examine
    20  on  oath  the  petitioner and any other person having knowledge of facts
    21  relevant to the petition. At the conclusion of the  hearing,  the  court
    22  shall  grant  the  petition if the court determines that the petition is
    23  not made for any fraudulent purpose.
    24    § 2. Section 63 of the civil rights law, as amended by chapter 253  of
    25  the laws of 2014, is amended to read as follows:
    26    § 63. Order. If the court to which the petition is presented is satis-
    27  fied  thereby,  or by the affidavit and certificate presented therewith,
    28  that the petition is true, and that there is no reasonable objection  to
    29  the  change  of  name  and/or gender proposed, and if the petition be to
    30  change the name and/or gender of an infant, that the  interests  of  the
    31  infant  will  be  substantially  promoted by the change, the court shall
    32  make an order authorizing the  petitioner  to  assume  the  name  and/or
    33  gender  proposed.  The  order shall further recite the date and place of
    34  birth of the applicant and, if the applicant was born in  the  state  of
    35  New York, such order shall set forth the number of his birth certificate
    36  or  that  no  birth  certificate  is  available.   If a gender change is
    37  approved the order shall state that "the term gender  as  used  in  this
    38  order  is  inclusive  of  sex or any other term identifying Petitioner's
    39  status as male or female" and that "the Court directs that  any  govern-
    40  ment  agency  or administrative body amend the sex on Petitioner's docu-
    41  ments,  including,  but  not  limited  to,   birth   certificate,   from
    42  (Male/Female)  to  (Female/Male/Non  Binary). It is, therefore, ordered,
    43  adjudged and decreed that the sex indicated on  Petitioner's  documents,
    44  including,  but  not  limited  to,  birth  certificate,  be  changed  to
    45  (Male/Female/Non Binary). The order shall be directed to be entered  and
    46  the  papers on which it was granted to be filed prior to the publication
    47  hereinafter directed in the clerk's office of the county  in  which  the
    48  petitioner resides if he be an individual, or in the office of the clerk
    49  of  the civil court of the city of New York if the order be made by that
    50  court.  Such order shall also direct the  publication,  at  least  once,
    51  within sixty days after the making of the order, in a designated newspa-
    52  per  in  the  county in which the order is directed to be entered and if
    53  the petition is made by a person subject to the provisions  of  subdivi-
    54  sion two of section sixty-two of this article, in a designated newspaper
    55  in  any  county  wherein such person was convicted if different from the
    56  county in which the order is otherwise directed  to  be  entered,  of  a

        S. 5168                             3                            A. 7197
     1  notice  in substantially the following form: Notice is hereby given that
     2  an order entered by the ............ court,............ county,  on  the
     3  ......  day  of......., bearing Index Number..........., a copy of which
     4  may   be   examined   at   the   office   of   the   clerk,  located  at
     5  ................., in room number......., grants me the right to  assume
     6  the  name  of  ...................    The  city  and state of my present
     7  address are .........................; the month and year  of  my  birth
     8  are  ................; the place of my birth is ....................; my
     9  present name is .................................
    10    § 3. Section 64-a of the civil rights law, as amended by  chapter  241
    11  of the laws of 2015, is amended to read as follows:
    12    § 64-a. Exemption from publication requirements. 1. If the court shall
    13  find that the publication of an applicant's change of name and/or gender
    14  would  jeopardize such applicant's personal safety, based on totality of
    15  the circumstances the provisions of sections sixty-three and  sixty-four
    16  of this article requiring publication shall be waived and shall be inap-
    17  plicable.  Provided, however, the court shall not deny such waiver soley
    18  on the basis that  the  applicant  lacks  specific  instances  of  or  a
    19  personal history of threat to personal safety. The court shall order the
    20  records  of  such  change  of name proceeding to be sealed, to be opened
    21  only by order of the court for good cause shown or at the request of the
    22  applicant.
    23    2. Notwithstanding any other provision of law, pending such a  finding
    24  in subdivision one of this section where an applicant seeks relief under
    25  this  section, the court shall immediately order the applicant's current
    26  name,  proposed  new  name  and/or  gender,  residential  and   business
    27  addresses, telephone numbers, and any other information contained in any
    28  pleadings  or papers submitted to the court to be safeguarded and sealed
    29  in order to prevent their inadvertent or unauthorized use or  disclosure
    30  while the matter is pending.
    31    § 4. This act shall take effect immediately.