An Act to Ensure the Accuracy of Vital Records with Respect to Gender
Maine Legislature, Session 131, LD 1507
Committee: Health and Human Services
Sponsors: SHEEHAN, MALON, SKOLD
Amends: 22 MRSA §2705, 22 MRSA §2805, 22 MRSA §2842

Legislative Document
No. 1507
H.P. 962
House of Representatives, April 5, 2023
An Act to Ensure the Accuracy of Vital Records with Respect to 
Gender
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SHEEHAN of Biddeford.
Cosponsored by Representatives: MALON of Biddeford, SKOLD of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2705, sub-§7 is enacted to read:
7.  Amendment of marriage certificate following gender marker change.  
Amendment of a marriage certificate following gender marker change is governed by 
section 2805.
Sec. 2.  22 MRSA §2805 is enacted to read:
§2805.  Amendment of marriage certificate following gender marker change
1.  Amended certificate of marriage.  The State Registrar of Vital Statistics shall 
amend a marriage certificate of a person married in this State to reflect a change of gender 
and to provide a new sex identifier when the state registrar receives the following:  
A.  An application for gender marker change, which must include a gender field that 
includes options for male, female and X;
B. A notarized statement from the spouse of the applicant agreeing to the requested 
change in substantially the following form:  "I, (spouse's full name), agree to the 
issuance of an amended marriage certificate as requested by my spouse."; 
C. At least one of the following documents:
(1) A government-issued identification document that includes the applicant's 
current gender marker and sex identifier;
(2) An affidavit signed by the applicant attesting under penalty of perjury that the 
applicant's request for a change of gender marker is not fraudulent;
(3) A certified copy of a court-ordered change of gender;
(4) A new birth certificate issued under section 2765 showing the applicant's 
gender marker change; or
(5) A certified copy of a court-ordered change of name that demonstrates the 
change of gender; and
D.  The application fee established by the department, which must reasonably reflect 
the cost of the service, as specified in Title 22‑A, section 210.
Sec. 3.  22 MRSA §2842, sub-§1-A is enacted to read:
1-A.  Designation of gender.  The certificate of death must include a gender field that 
includes options for male, female and X.  A death certificate for an individual must reflect 
the desired gender identity of the individual who has died if the person signing the 
certificate is aware of that desire either through a valid living will, advance health care 
directive or other record, including a record prepared by someone other than the individual.
Sec. 4.  22 MRSA §2842, sub-§5, as enacted by PL 2019, c. 340, §16, is amended 
to read:
5.  Correction of certificate of death.  A certificate of death filed in accordance with 
this section may be completed or amended at any time by means described in rules adopted 
by the department.  The health care provider who certified the death in accordance with 
subsection 2‑A may sign the forms, submit an electronic amendment or file a certificate 
using the electronic death registration system in accordance with section 2847.  A health 
care provider may amend a certificate of death with respect to the time, date, place and 
circumstances of death as well as the gender of the individual who died.  Forms or 
electronic amendments may be filed at any time after death.
SUMMARY
This bill:
1.  Directs the State Registrar of Vital Statistics to amend a marriage certificate to 
reflect a change of gender and to provide a new sex identifier when the state registrar 
receives an appropriate application, which must include a gender field that includes options 
for male, female and X; and
2.  Provides that a certificate of death must include a gender field that includes options 
for male, female and X.  It also provides that a death certificate for an individual must 
reflect the desired gender identity of the individual who has died if the person signing the 
certificate is aware of that desire either through a valid living will, advance health care 
directive or other record, including a record prepared by someone other than the individual.  
It also clarifies that a health care provider may amend a certificate of death with respect to 
the gender of the individual who has died.