THE SENATE
S.B. NO.
947
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating to birth certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 338-17.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":
(1) Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;
(2) Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;
(3) Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;
(4) Upon receipt of an affidavit from a United States licensed physician [[Struck through: or]][Underlined: ,] physician assistant[Underlined: , or advanced practice registered nurse] attesting that:
(A) The physician [[Struck through: or]][Underlined: ,] physician assistant[Underlined: , or advanced practice registered nurse] has a bona fide provider-patient relationship with the birth registrant;
(B) The physician [[Struck through: or]][Underlined: ,] physician assistant[Underlined: , or advanced practice registered nurse] has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant's medical history;
(C) The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and
(D) The new gender does not align with the sex designation on the birth registrant's birth certificate; or
(5) Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Birth Certificates; Vital Statistics; Birth Registrants; Advanced Practice Registered Nurses
Description:
Expands the types of health care providers who can submit an affidavit for a new certificate of birth for certain birth registrants.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.