Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 16 - GENDER MARKER ON BIRTH RECORD RULE › Section 146-16-2 - GENDER MARKERS ON BIRTH RECORDS

Current through 2024-29, July 17, 2024
A.
Assigning X at time of birth.
At the time the birth record is
				created, X may be designated as the gender marker on the birth certificate.
				Parents listed on the birth certificate must demonstrate mutual consent by
				signing the birth worksheet, unless the requirement that both parents sign the
				birth worksheet is waived upon a showing of good cause to the State Registrar
				in writing. Good cause may be established by demonstrating that the other
				parent is deceased, cannot be located or has abandoned the child as evidenced
				by legal documentation showing the applicant has sole parental rights and
				responsibilities (
				19-A MRS §1501
				), or is otherwise unable to provide a signature. If the State Registrar is
				satisfied that good cause has been shown, then the birth record may reflect X
				as the gender marker without the absent parent's signature.
B.
Issuance of new birth record to
				align gender marker with gender identity.
Requests for a new birth
				record reflecting the appropriate gender marker must be submitted on forms
				prescribed by the Department. When the State Registrar grants the request, a
				new birth record will be established. When a new birth record is established
				pursuant to this rule, all copies of the original certificate shall beheld
				confidential and only the registrant or the registrant's legal representative
				shall have access to the original record, except by court order.
1. Adult or emancipated registrants.
				Registrants age 18 and older or an emancipated minor may submit an individual
				notarized attestation on the form prescribed by the State Registrar to request
				a new birth record reflecting the appropriate gender marker without court
				order, if the application is for the purpose of affirming gender
				identity.
2. Registrants under the
				age of 18. The parent(s) recorded on the birth certificate or the legal
				guardian(s) must submit a notarized attestation on the form prescribed by the
				State Registrar to request a new birth record reflecting the appropriate gender
				marker without court order. The application prescribed by the Department for
				this request requires the signature of a licensed physician or licensed mental
				health care provider who, within the scope of their license and through a bona
				fide patient-provider relationship, affirms that the requested gender marker is
				consistent with the minor's gender identity.
a. All parents listed on the birth
				certificate must consent and sign the application. Both signatures must be
				notarized. The requirement that both parents sign the application may be waived
				upon a showing of good cause made to the State Registrar in writing. Good cause
				may be established by demonstrating that the other parent is deceased, cannot
				be located or has abandoned the child as evidenced by legal documentation
				showing the applicant has sole parental rights and responsibilities (
				19-A MRS §1501
				), or is otherwise unable to provide a signature. If the State Registrar is
				satisfied that good cause has been shown, then the new birth record will be
				issued without the absent parent's signature.
b. Legal guardian(s) other than parent(s)
				named on the original birth certificate acting on behalf of the minor must
				attach a certified court order as proof of legal guardianship to any request
				pursuant to this section.