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Amended, more expansive birth certificate bill advances with NJSBA support

A bill that would revise procedures for individuals who have changed their gender and name to receive an amended birth certificate received an expansive overhaul and committee approval last week. S-478 (Vitale)/A-1718 (Huttle) advanced out of the Senate Health, Human Services and Senior Citizens Committee with testimonial support from the New Jersey State Bar Association.

“A birth certificate is one of the most important documents such as passports, driver's licenses, marriage licenses and a host of other documents,” said the NJSBA in its statement to legislators. “This bill, as amended, alleviates the cumbersome and costly process for obtaining birth certificates that accurately reflect a person's gender identity.”

Members Jodi Argentino, chair of the Lesbian Gay Bisexual Transgender Rights Section; Celeste Fiore, a non-binary attorney; and Robyn Gigl, a transgendered attorney, all testified in support of the bill, offering their own experiences as well as the position of the bar.

Under the current law, a person must undergo sex reassignment surgery in order to amend the gender on a birth certificate. The association pointed out the costly and cumbersome nature of this medically risky surgery, which is generally not covered under most health insurance plans and is often financially out of reach of many transgendered individuals and impossible for anyone under the age of 18 to obtain.

The amendments would require the state registrar of vital statistics to issue an amended birth certificate to a person born in the state who requests the certificate to show the gender and name of the person has been changed. The registrar would require a receipt of the name change approved by the court and a form from the person, or person's guardian, which affirms by specific language the request for change in gender to conform the legal gender to the gender identity of the individual and to confirm that the change is not being made for a fraudulent purpose. The bill further provides that a court in New Jersey would have jurisdiction to issue an order to amend a birth certificate of a New Jersey resident who was born in another state or foreign jurisdiction if that other state or jurisdiction requires a court order for the change.

“With advancements in modern medicine, we know that gender reassignment surgery is no longer the only option for transitioning, yet the law takes a one-size-fits-all approach. It does not account for nonsurgical transitioning, which usually includes physical, psychological, social and emotional changes,” said Senator Joe Vitale. “This bill removes the barriers that transgender New Jerseyans face when requesting changes to such an important identification document as their birth certificate to reflect who they are, and will help to expand anti-discrimination protections.”

The bill was referred to the Senate Budget and Appropriations Committee. The Assembly bill remains pending in the Assembly Human Services Committee.