2010 California Code
Health and Safety Code
Article 8. Revision Of Birth Records To Correct Gender Errors Made By Birthing Hospitals Or Local Registrars

103446.  It is the intent of the Legislature that this article
provide a remedy for the correction of birth certificates that
contain gender errors made by the birthing hospital or local
registrar when completing the original birth certificate.




103447.  (a) Notwithstanding any other provision of this chapter,
any person born in this state, or, in the case of a minor or
incompetent person, his or her parent, legal guardian, or
conservator, may apply to the State Registrar for the establishment
and issuance of a new birth certificate and the sealing of the
original, upon finding that the birthing hospital or local registrar
made a gender error when completing the original birth certificate.
   (b) The application shall be accompanied by one of the following:
   (1) The sworn affidavit of the administrator of the hospital where
the applicant was born or by a representative designated by the
administrator, verifying that the incorrect gender information
entered on the birth certificate was due to a hospital error.
   (2) The sworn affidavit of the representative of the local
registrar, verifying that the incorrect gender information entered on
the birth certificate was due to an administrative error of the
local registrar.
   (3) The sworn affidavit of the physician attending the birth of
the applicant and the sworn affidavit of the applicant's mother or
father or a relative who was at least five years old at the time of
the applicant's birth, verifying that, at the time of birth, the
applicant's gender was different from that indicated on the original
birth certificate.


103447.5.  Upon receipt of the application and sworn affidavit or
affidavits, and upon payment of the fee required by Section 103700,
the State Registrar shall establish a new birth certificate for the
person.


103448.  The new birth certificate established pursuant to this
article shall in no way indicate that it is not the original birth
certificate of the applicant. The new birth certificate shall
supplant any birth certificate previously registered for the
applicant, and shall be the only birth certificate open to public
inspection.



103448.5.  The State Registrar shall transmit a certified copy of a
birth certificate established pursuant to this article to the
applicant, without additional charge.



103449.  (a) When a new birth certificate is established pursuant to
this article, the State Registrar shall so inform the local
registrar and the county recorder whose records contain copies of the
original certificate, who shall forward those copies to the State
Registrar for filing with the original certificate, if he or she
determines that it is practical for him or her to do so.
   (b) If the local registrar or county recorder determines that it
would be impractical to forward the copies of the original
certificate to the State Registrar, he or she shall cover and seal
the copies in a manner that does not deface or destroy them, and
shall forward a verified statement of this action to the State
Registrar.