An Act Regarding the Issuance of a Birth Certificate Following a Gender Marker Change
Maine Legislature, Session 130, LD 0855
Committee: Health and Human Services
Sponsors: HARNETT
Amends: 22 MRSA §2705, 22 MRSA §2765

Legislative Document
No. 855
H.P. 623
House of Representatives, March 8, 2021
An Act Regarding the Issuance of a Birth Certificate Following a 
Gender Marker Change
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HARNETT of Gardiner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2705, sub-§5, as amended by PL 1989, c. 818, §3, is further 
amended to read:
5.  Amendment following adoption or, legitimation or gender marker change.  
Amendment of a certificate following adoption or, legitimation or gender marker change 
is governed by section 2765, subsection subsections 2‑A and 2-B.
Sec. 2.  22 MRSA §2765, as amended by PL 2017, c. 402, Pt. C, §§47 and 48 and 
affected by PL 2019, c. 417, Pt. B, §14, is further amended by amending the section 
headnote to read:
§2765.  New certificate of birth following adoption or, legitimation or gender marker 
change
Sec. 3.  22 MRSA §2765, sub-§1, ¶B, as amended by PL 1993, c. 686, §6 and 
affected by §13, is further amended to read:
B.  A request that a new certificate be established and such evidence as the department 
may require by rule proving that the person has been legitimated.; and
Sec. 4.  22 MRSA §2765, sub-§1, ¶C is enacted to read:
C.  An application for gender marker change. 
Sec. 5.  22 MRSA §2765, sub-§2-A, as amended by PL 2009, c. 601, §20, is further 
amended to read:
2-A.  Certificate after adoption or, legitimation or gender marker change.  This 
subsection governs birth certificates after adoption or, legitimation or gender marker 
change.
A.  When a new birth certificate is established after adoption pursuant to subsection 1, 
paragraph A, or subsection 1‑A, the actual place and date of birth, the names and 
personal data of the adoptive parents at the time of the child's birth and the name of the 
child after adoption must be entered on the new birth certificate.
(1)  At the request of an adopted person who is at least 18 years of age or of the 
adoptive parents of an adopted child under 18 years of age, the new certificate must 
carry a notation that it has been amended, all items that have been revised pursuant 
to the adoption decree must be identified, and the notation "court action" and the 
date of the adoption decree must be shown on the new certificate.
(2)  If the birth certificate has been annotated pursuant to subparagraph (1), the 
annotation may be deleted in accordance with department regulations at the request 
of an adopted person who is at least 18 years of age or of the adoptive parents of 
an adopted child under 18 years of age.
B.  When a new certificate is established after legitimation pursuant to subsection 1, 
paragraph B, the actual place and date of birth, the name of the child and the names 
and personal data of both parents at the time of birth must be shown.  Notwithstanding 
section 2705, the new certificate may not be marked "amended."  The new certificate 
must be filed with all other birth certificates and is not subject to the provisions of 
section 2761, subsection 4.
C.  When a new certificate of birth is established following adoption or, legitimation 
or gender marker change, it must be substituted for the original certificate of birth.  
After that substitution, the original certificate of birth and the evidence of adoption or 
application for gender marker change are not subject to inspection except upon order 
of the Probate Court or the Superior Court or pursuant to section 2768.  The application 
for legitimation may be released to persons listed on the original birth certificate upon 
completion of written application to the State Registrar of Vital Statistics or the 
registrar's designee.
Sec. 6.  22 MRSA §2765, sub-§2-B is enacted to read:
2-B.  Certificate after gender marker change.  When a new birth certificate is 
established after changes are made to the gender marker pursuant to subsection 1, paragraph 
C or subsection 2-A, the requested gender marker and, if requested at the same time, the 
first and middle names as they appear on the application must be entered on the new birth 
certificate.  A new birth certificate may be requested by a parent on behalf of a minor.
The new birth certificate may not be marked "amended."  The new birth certificate must be 
filed with all other birth certificates.
Additional requirements may be specified in rules adopted by the department.
SUMMARY
This bill amends the laws regulating the amendment of vital statistics records and the 
issuance of new certificates of birth to allow application for gender marker change.