2023 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 103435.

103435. (a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following:
(1) The procedure set forth in Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender and sex identifier.
(2) The procedure set forth in Section 103430 if there is a request for a new marriage license and certificate, confidential marriage license and certificate, or for a new birth certificate for any child of the petitioner.
(b) (1) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the Secretary of State.
(2) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the State Registrar, if any of the following conditions are met:
(A) The judgment includes an order for a new birth certificate and the petitioner has a birth certificate issued by this state.
(B) The judgment includes an order for a new marriage license and certificate and the original marriage license and certificate was issued within this state.
(C) The judgment includes an order for a new birth certificate for the petitioner’s child and the petitioner’s child has a birth certificate issued by this state.
(3) If the judgment issued pursuant to this section 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 shall, within 30 days, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued.
(c) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate or marriage license and certificate as provided in this article.
(d) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together 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, the county clerk shall issue a new confidential marriage license and certificate as provided in this article.
(Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.)