Bill regarding sex changes and birth certificates passed by Assembly

TRENTON – The Assembly passed bill A4097, which revises the requirements for obtaining an amended birth certificate due to a sex change and that surgery is not necessarily required to obtain one.

The bill passed 43-27, with seven abstentions.

The bill provides that the state registrar of vital statistics shall issue an amended certificate to a person born in this state who submits a request for an amended certificate showing the sex and name of the person as it has been changed. 

The application may be submitted on the person’s behalf  by a parent or guardian, if the person is a minor, the bill states.  Under current law, a person must undergo sex reassignment surgery to receive an amended birth certificate.

Under current law, the State registrar is to issue an amended birth certificate upon receipt of a medical certificate from the person’s physician indicating that his or her sex has been changed through surgery. 

This bill would change the requirement to provide that a person could submit a form provided by the state registrar and completed by the person’s licensed health care provider which indicates that the person has undergone clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards, or that the person has an intersex condition.

The bill also provides that in the case of a resident who was born in another state or in a foreign jurisdiction, if such other state or foreign jurisdiction requires a court order in order to amend a certificate of birth to reflect a change in sex, a court in this state would have jurisdiction to issue such an order.

Bill regarding sex changes and birth certificates passed by Assembly