California Health and Safety Code 103447 – (a) Notwithstanding any other provision of this chapter, any …
(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:
Terms Used In California Health and Safety Code 103447
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(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.
(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)