C.R.S.
Section 25-2-113.8
Birth certificate modernization act
- new birth certificate following a change in gender designation
- short title
- definition
(1)
The short title of this section is “Jude’s Law”.(1.5)
As used in this section, unless the context otherwise requires, “report of birth” means an electronic or paper document containing information related to a vital event submitted by a person or entity required to submit the information for purposes of registering a vital statistic.(2)
Intentionally left blank —Ed.(a)
Repealed.(b)
An amended birth certificate may be issued to change the sex designation of the person to male, female, or “X” pursuant to the requirements of this section. “X” is a designation that is neither male nor female.(c)
A report of birth, filed with the state registrar, must be completed in accordance with the information required by the national center for health statistics in the centers for disease control and prevention in the federal department of health and human services.(3)
The state registrar shall issue a new birth certificate to a person who was born in this state and who has a gender different from the sex denoted on that person’s birth certificate when the state registrar receives:(a)
A written request from the person, or from the person’s parent if the person is a minor, or from the person’s guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the sex designated on the person’s original birth certificate; and(b)
Intentionally left blank —Ed.(I)
A statement, in a form or format designated by the state registrar, from the person, or from the person’s parent if the person is a minor, or from the person’s guardian or legal representative, signed under penalty of law, confirming the sex designation on the person’s birth certificate does not align with the person’s gender identity; and(II)
If the person is a minor under the age of eighteen, a statement, in a form or format designated by the state registrar, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating the sex designation on the birth certificate does not align with the minor’s gender identity. This subsection (3)(b)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.(4)
Notwithstanding subsection (3) of this section, the state registrar shall issue a new birth certificate to a person with a court order indicating the sex or gender of the person born in the state of Colorado has been changed.(5)
The state registrar may only amend a gender designation for an individual’s birth certificate one time upon the individual’s request. Any further requests from the individual for additional gender designation changes require the submission of a court order indicating that the gender designation change is required.(6)
The state registrar is authorized to contact the medical or mental health-care provider to verify a statement made pursuant to subsection (3)(b)(II) of this section.(7)
If a new birth certificate is issued pursuant to this section, the birth certificate must reflect, or be reissued to reflect, any legal name change made before or simultaneous to the change in gender designation, as long as appropriate documentation of the name change is submitted.(8)
The state registrar shall not request any additional information or records other than those required by subsection (3) or (4) of this section to process a request to modify a gender designation. The state registrar shall not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business.(9)
When the state registrar receives the documentation described in subsection (3) or (4) of this section, the state registrar shall issue a new birth certificate reflecting the new gender designation and, if applicable, the person’s new name. Notwithstanding section 25-2-115 (1), the new birth certificate supersedes the original as the official public record and must not be marked as amended or indicate in any other manner that the gender designation or name on the certificate has been changed.(10)
In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, if the other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender, the courts in this state have jurisdiction to issue such a decree.(11)
The state registrar shall promptly notify the department of revenue when an individual is issued a new birth certificate pursuant to this section.
Source:
Section 25-2-113.8 — Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-25.pdf (accessed Oct. 20, 2023).
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