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House Bill 2673

Name and Gender Changes on Birth Certificate


Frequently Asked Questions 


What does House Bill 2673 do?
Currently, a court order indicating that an individual has completed sexual reassignment and that the sex on the record of live birth must be changed is required to change the sex designation on an Oregon birth certificate. When the new law goes into effect on January 1, 2018, an attestation will be accepted to change the birth record. Administrative rule making will be occurring this summer and fall to determine the form that will be used.

Who is eligible to use the new law?
Anyone
  • born in Oregon
  • who needs to change their name or sex designation on their birth certificate to reflect their gender identity

is eligible to use the new process. If the individual’s record has already been amended for name or sex, a court order may be required for additional changes to that item.

Individuals who previously changed their name but have not changed their sex will be eligible to change their sex designation on their birth record under the new law.


How will the Center for Health Statistics implement the new law?
The Center for Health Statistics will follow the formal rule making process required of all state agencies. This process includes:
  • a Rule Advisory Committee,
  • open meetings with that committee,
  • a public comment period,
  • a public hearing,
  • and formal notice in the Secretary of State’s Bulletin.

The form will be developed along with the rule and will also be reviewed by the Rule Advisory Committee.


How can the public participate in rule making?
The Center for Health Statistics will follow the formal rule making process required of all state agencies. This included a Rules Advisory Committee and will include a public hearing and public comment period. Rules will be effective January 1, 2018.

Go to the Rule Making Activities section below for applicable documents.
 

Additional information on the state’s rule making process can be found at the Secretary of State’s website http://sos.oregon.gov/archives/Pages/about_rules.aspx.


How does this process work with changes at other agencies, such as DMV?
Birth and other vital records are separate from other agency’s records. While processes and forms might be similar, changing an ID or Driver’s License does not change a birth record or other vital record. The Center for Health Statistics will have a separate rule making process to implement House Bill 2673.

What does House Bill 2673 not do?
House Bill 2673 does not change our other procedures including indicating if the record has been amended (also known as a footnote). This means that certified copies of a previously amended record will not be changed to eliminate the footnote. Records indicating a change to sex on the record when the birth certifier made a mistake or a change in name, other than those requiring a new record under current law, will continue to have a footnote.
 
Creating a new record (without any footnote) when a change of sex occurs already exists in law (ORS 432.245).

Rule Making Activities

 

About the Rules Advisory Committee (RAC)

The purpose of a Rules Advisory Committee (RAC) is to provide an opportunity for stakeholders to participate in the rule development process. Invitees are selected to ensure that the interests of all persons impacted by proposed rule changes are represented. Although participation in the RAC is limited to invited participants, meetings are open to the public. For more information about RAC meetings, please contact Dani Hall at Dancia.O.Hall@state.or.us or 971-673-1354.

Rules Advisory Committee Meeting Information

The Rules Advisory Committee has finished the scheduled meetings. Proposed rules have been submitted to the Secretary of State for publication.

Documents:

Public Hearing

Date Time                     Location
Wednesday October 25, 2017 2:30 PM                     800 NE Oregon Street, Room 1C

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