Cal. HSC § 103437 — California Code / Code hsc / Division 102 / Part 1 / Chapter 11 / Article 7 / Section 103437
Section 103437
Status: in_force

(a) As used in this section, “change of name or gender and sex identifier, or both” means a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a combined change of the petitioner’s name and recognition of the change to the petitioner’s gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioner’s name to the petitioner’s gender identity pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.

(b) Subject to subdivision (c), all of the following apply:

(1) The court records, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, associated with a proceeding for a change of name or gender and sex identifier, or both, shall be kept confidential by the court.

(2) Until the court orders a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records. Prior to those orders, the court shall not provide access to anyone other than the petitioner, any other person who signed the petition, an individual who is subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys. For a petition brought on behalf of a minor, the court shall limit access prior to an order changing the minor’s name or gender and sex identifier, or both, to the minor subject of the petition, the minor’s parents, guardians, and guardians ad litem, an individual subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys.

(3) Upon the court ordering a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, to the petitioner, a minor who received a change of name or gender and sex identifier, or both, an adult who signed the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys.

(c) The requirements set forth in subdivision (b) apply if any of the following conditions are met:

(1) The petition for change of name or gender and sex identifier, or both, is filed on or after July 1, 2026.

(2) The court orders the records in the proceeding to be kept confidential. The court shall enter that order if the petitioner in a proceeding for a change of name or gender and sex identifier, or both, in which the petition was filed before July 1, 2026, files a request to keep the records in the proceeding confidential. The petitioner may make this request ex parte and without paying a filing fee. The court shall make the request and all associated records confidential.

(3) The records in the proceeding were previously made confidential by statute or otherwise.

(d) If the petitioner discovers that court records in their proceeding for a change of name or gender and sex identifier, or both, are not being kept confidential by the court pursuant to subdivision (b) or (c), the petitioner may apply ex parte for that order, without paying a filing fee, and the court shall enter an order making the records confidential. The court shall make the application and all associated records confidential.

(e) Other than the petitioner, a person or private entity shall not publicly post a confidential record pursuant to this section on the internet or otherwise.

(f) Any violation of this section constitutes an injury.

(g) Commencing six months after the effective date of the act that added this subdivision, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorney’s fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.

(h) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the effective date of the act that added this subdivision, a petitioner who has been harmed by a disclosure or continuing disclosure of records by a person or private entity with actual knowledge that those records were made confidential or sealed by the court may bring a civil action in a court of competent jurisdiction against a person or private entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or, if the petitioner is a minor, on behalf of a petitioner by the petitioner’s parent, guardian, or guardian ad litem.

(2) If a person or private entity is found liable in a cause of action brought pursuant to paragraph (1), the person or private entity shall be liable to the petitioner for all of the following:

(A) Actual damages but not less than statutory damages in the amount of five thousand dollars ($5,000).

(B) Punitive damages upon proof of willful or reckless disregard of the law.

(C) Reasonable attorney’s fees and costs.

(i) On or before July 1, 2026, the Judicial Council shall, as necessary, develop forms and rules to implement this section.

(j) Whether a transgender person’s gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person has a privacy interest in concealing their transgender identity.

(k) Nothing in this section shall preclude a court from granting a motion to seal all court records, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, of a person’s change of name or gender and sex identifier, or both, pursuant to California Rule of Court 2.550, or a successor rule.