This legislation would allow individuals to change the sex designation on their birth record to conform to the individual’s gender identity. The application would be supported by a signed and notarized statement by the individual, attesting that the request for a change of gender to female, male, or “X” is to conform the person’s legal gender to the person’s gender identity. The term “X” means a gender that is not exclusively male or female. Currently, individuals requesting to correct the gender on their birth certificates must submit affidavits from licensed physicians or medical professionals attesting that the changed sex designation more accurately reflects the applicant’s gender identity.
- Laid Over in Committee
Int. No. 954
By The Speaker (Council Member Johnson) and Council Member Koslowitz
A Local Law to amend the administrative code, in relation to amending sex designation on birth records.
Be it enacted by the Council as follows:
Section 1. Section 17-167.1 of the administrative code of the city of New York, as added by local law 1 of the year 2015, is amended to read as follows:
§ 17-167.1 Sex designation on birth records. a. Definitions. For the purposes of this section, the term “x” means a sex designation that is not exclusively male or female.
b. The department shall make a new birth record when an applicant submits an application and supporting documentation pursuant to this subdivision and subdivision [b]c of this section requesting the correction of sex designation to the applicant's birth record. Such application shall be made in a form or manner to be provided or approved by the department. If the department requests information, documentation or a copy of an acceptable current signed photographic identification, the department may not take into account the sex designation listed on such identification in reviewing such application.
[b]c. An application made pursuant to subdivision [a]b of this section shall be accompanied by [supporting documentation that is an affirmation from a physician licensed to practice medicine in the United States, or an affidavit from a professional licensed to practice in the United States who is a: doctoral level psychologist (Ph.D. or Psy.D.) in clinical or counseling psychology, clinical social worker, master social worker, physician assistant, nurse practitioner, marriage and family therapist, mental health counselor or midwife. Such affirmation or affidavit shall include a declaration affirming or attesting under penalty of perjury that:
1. the professional is licensed and in good standing in the jurisdiction in the United States in which such professional is licensed; and
2. in keeping with contemporary expert standards regarding gender identity, the applicant's requested correction of sex designation of male or female more accurately reflects the applicant's sex or gender identity.] a signed and notarized statement from the registrant requesting that the sex designation be changed to female, male, or x in order to conform to the registrant’s gender identity.
d. In the event the registrant is less than 18 years old, an application made pursuant to subdivision b of this section shall be accompanied by notarized statements from the parents listed on the birth record or legal guardian(s) of the registrant, requesting that the sex designation on the record be changed to female, male or x to conform to the registrant’s gender identity.
§ 2. Section 17-169 of the administrative code of the city of New York, as amended by local law 64 of the year 2007, is amended to read as follows:
§ 17-169 Certified copies of records of birth, fetal death, and death; certificates of birth.
a. Upon request the department shall issue a certified copy of the birth record or a certification of birth under the following conditions:
1. A certified copy of the record of birth shall be issued only upon order of a court of competent jurisdiction or, if the person for whom the record of birth relates is still living, upon a specific request therefor by the person, if eighteen years of age or more, or by a parent or to the legal representative of the person to whom the record of birth relates or by an attorney of law authorized in writing by the person if of the age of eighteen years or over to whom the record of birth relates. If the person for whom the record of birth relates is deceased, the department may allow family members of that person to have access to a certified copy of the record of birth. The department may issue a certified copy of a birth record for any person for official use upon the request of a department, agency, or officer of any state government or subdivision thereof or the United States government.
§ 3. This local law takes effect 120 days after it becomes law, except that the commissioner may take such actions as are necessary to implement this local law, including the promulgation of rules, before such date.