CA Health & Safety Code § 103431 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 102 - VITAL RECORDS AND HEALTH STATISTICS|PART 1 - VITAL RECORDS|CHAPTER 11 - Amendment of Records|ARTICLE 7 - Revision of Birth and Marriage Records to Reflect Change of Gender and Sex Identifier|Section 103431.

103431.  (a) (1)  If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.(2) The new birth certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. No reference shall be made in the new birth certificate, nor shall its form in any way indicate, that it is not the original birth certificate of the petitioner.(b) (1) (A) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court ordering the new confidential marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued, along with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. Upon receipt of the copy of the judgment, the application, and the fee, the county clerk shall issue a confidential marriage license and certificate for the petitioner.(B) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was not confidential and issued within this state, a certified copy of the judgment of the court ordering the new marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar, along with the application and the fee prescribed by Section 103725. Upon receipt of the copy of the judgment, the application, and the fee, the State Registrar shall establish a new marriage license and certificate for the petitioner.(2) If a new marriage license and certificate or confidential marriage license and certificate is requested under subdivision (c) of Section 103425, the new marriage license and certificate or new confidential marriage license and certificate shall reflect any change in the designation of the person as bride, groom, or having neither box checked as requested, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. If the “New Names” section of the original marriage license and certificate or original confidential marriage license and certificate that refers to the person whose gender and sex identifier was changed pursuant to Section 103430 does not match any change of name, as specified in the court order, then the “New Names” section for that person shall be left blank on the new marriage license and certificate or new confidential marriage license and certificate of marriage. A new marriage license and certificate or new confidential marriage license and certificate issued pursuant to this article shall not entitle the parties to the marriage to change their names using the procedures in Section 306.5 of the Family Code at the time of the issuance of the new marriage license and certificate or confidential marriage license and certificate. Notwithstanding Sections 103235 and 103255, reference shall not be made in the new marriage license and certificate or new confidential marriage license and certificate, and its form shall not in any way indicate, that it is not the original marriage license and certificate or original confidential marriage license and certificate of the petitioner.(c) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child.(2) If a new birth certificate is requested under subdivision (d) of Section 103425, the new birth certificate for the petitioner’s child shall reflect the change of the designation of the petitioner as mother, father, or parent and, if applicable, any change of name of the petitioner, as specified in the court order and as prescribed by Section 103425. Reference shall not be made in the new birth certificate, and its form shall not in any way indicate, that it is not the original birth certificate of the petitioner’s child.(Added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.)