ARTICLE 7. Revision of Birth and Marriage Records to Reflect Change of Gender and Sex Identifier [103425. - 103445.]

Cal. Health and Safety Code - HSC 7.
in effect

Cal. Health and Safety Code - HSC § 103425. Section 103425.

(a) A person may file a petition with the superior court in any county seeking a judgment recognizing the change of gender and sex identifier to female, male, or nonbinary. (b) If requested, the judgment shall include an order that a new birth certificate be prepared for the person reflecting the change of gender and sex identifier and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (c) Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new marriage license and certificate or confidential marriage license and certificate be prepared for the person reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate or confidential marriage license and certificate and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (d) Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new birth certificate be prepared for the person’s child or children reflecting the change to the designation of the person as mother, father, or parent and any change of name of the petitioner accomplished by an order of a court of this state, another state, the District of Columbia, or any territory of the United States, or foreign court. (e) A petition seeking a judgment recognizing the change of gender and sex identifier to female, male, or nonbinary may be made to a superior court within this state, even if the person whose gender and sex identifier is proposed to be changed does not reside within the State of California, if the person is seeking to change the designation to reflect their gender on at least one of the following documents: (1) A birth certificate that was issued within this state to the person whose gender and sex identifier is proposed to be changed. (2) A birth certificate that was issued within this state to the legal child of the person whose gender and sex identifier is proposed to be changed. (3) A marriage license and certificate or confidential marriage license and certificate that was issued within this state to the person whose gender and sex identifier is proposed to be changed.

Cal. Health and Safety Code - HSC § 103426. Section 103426.

(a) The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for any person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender and sex identifier stated in the application and any change in name, if accompanied by a certified copy of the court order for a change of name. (b) (1) The State Registrar shall issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following: (A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The parent’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) The fee prescribed by Section 103725. (D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained. (c) (1) The State Registrar shall issue a new birth certificate for an adult child who has a birth certificate issued by this state without a court order when the parent submits directly to the State Registrar all of the following: (A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The parent’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the adult child stipulating to the change to the adult child’s birth certificate. (D) The fee prescribed by Section 103725. (E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an issuance of a new birth certificate for me that reflects my parent’s legal gender and name.” (3) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained. (d) (1) The county clerk shall issue a new confidential marriage license and certificate for a person who has a confidential marriage license and certificate that was issued from their county without a court order when the person submits directly to the county clerk all of the following: (A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name of the spouse. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate. (D) The fee established by the county clerk, not to exceed the amount of the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. (E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and name.” (3) The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained. (4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (e) (1) The State Registrar shall issue a new marriage license and certificate for a person who has a marriage license and certificate without a court order if the person submits directly to the State Registrar all of the following: (A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name of the spouse. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate. (D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (E) The fee prescribed by Section 103725. (2) The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license and certificate for me that reflects my spouse’s legal gender and name.” (3) The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained. (4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.

Cal. Health and Safety Code - HSC § 103430. Section 103430.

(a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.” (b) (1) If the person whose gender is to be changed is under 18 years of age, the petition shall be signed either (A) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (c); or (B) if both parents are deceased and there is no guardian of the minor, by either a near relative or friend of the minor. The affidavit pursuant to subdivision (a) may be signed by the minor. (2) If the person whose gender is to be changed requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate pursuant to subdivision (c) of Section 103425, the petition shall be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition, or, if not signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate, and the spouse is living and capable, notice must be given to that nonsigning spouse as provided in subdivision (f). (3) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child pursuant to subdivision (d) of Section 103425, the petition shall be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. A petition that requests a new birth certificate for an adult child pursuant to subdivision (d) of Section 103425 that does not include the signature of the adult child shall not be granted with respect to the new birth certificate for that child if the child is living and capable of providing a signature. (4) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their minor child pursuant to subdivision (d) of Section 103425, the petition need not include the signature of the petitioner’s child if the child is under 18 years of age. (c) A petition to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as guardian ad litem pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. All petitions to recognize a change of the gender of a nonminor dependent may be made in the juvenile court. (d) (1) If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of the child’s parents. (2) Before granting a petition in accordance with this subdivision, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents. (e) (1) If a petition to recognize a change of gender of a minor does not include the signature of all living parents, then upon receipt of the petition, the court shall thereupon make an order directing the parent or parents who did not sign the petition to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. (2) If a petition to recognize a change of gender of a minor is filed by a person specified in subdivision (c) and all parents are deceased or cannot be located, then upon receipt of the petition, the court shall thereupon make an order directing the living grandparents to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. (3) If a petition pursuant to this section does not include any signature required by paragraph (2) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order reciting the filing of the petition, the proposed changes to the petitioner’s marriage license and certificate or confidential marriage license and certificate, and the name of the person by whom it is filed. The order shall direct the spouse of the petitioner who appears on the marriage license and certificate or confidential marriage license and certificate to make known any objection to the changes requested on the marriage license and certificate or confidential marriage license and certificate by filing a written objection, which includes any reasons why the requested changes would be fraudulent, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the changes to the marriage license and certificate or confidential marriage license and certificate is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. (f) If the court makes an order to show cause in accordance with subdivision (e), the petition and the order to show cause shall be served on the required person or persons who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure, within four weeks from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40 of the Code of Civil Procedure, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the person who did not sign the petition. (g) If no service is required on any party pursuant this section, the court shall grant the petition without a hearing if no written objection is timely filed within six weeks of the filing of the petition. (h) The court shall grant the petition without a hearing, unless a timely objection showing good cause is filed. If an objection showing good cause is timely filed, the court may set a hearing at a time designated by the court. Objections based solely on concerns over the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. (1) If a timely objection showing good cause is filed by anyone other than a parent who objects to changes to their minor child’s birth certificate, at the hearing, the court may examine under oath the petitioner and any other person having knowledge of the facts relevant to the petition. At the conclusion of the hearing, the court shall grant the petition if the court determines that the petition is not made for any fraudulent purpose. (2) If the objection was timely filed by a parent who objects to changes to their minor child’s birth certificate, after holding a hearing on the matter, the court may deny the petition if the court finds that the change of gender and sex identifier is not in the best interest of the minor. At the hearing, the court may examine under oath the minor and any other person having knowledge of the facts relevant to the petition. (i) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

Cal. Health and Safety Code - HSC § 103431. Section 103431.

(a) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner. (2) The new birth certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. No reference shall be made in the new birth certificate, nor shall its form in any way indicate, that it is not the original birth certificate of the petitioner. (b) (1) (A) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court ordering the new confidential marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued, along with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. Upon receipt of the copy of the judgment, the application, and the fee, the county clerk shall issue a confidential marriage license and certificate for the petitioner. (B) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was not confidential and issued within this state, a certified copy of the judgment of the court ordering the new marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar, along with the application and the fee prescribed by Section 103725. Upon receipt of the copy of the judgment, the application, and the fee, the State Registrar shall establish a new marriage license and certificate for the petitioner. (2) If a new marriage license and certificate or confidential marriage license and certificate is requested under subdivision (c) of Section 103425, the new marriage license and certificate or new confidential marriage license and certificate shall reflect any change in the designation of the person as bride, groom, or having neither box checked as requested, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. If the “New Names” section of the original marriage license and certificate or original confidential marriage license and certificate that refers to the person whose gender and sex identifier was changed pursuant to Section 103430 does not match any change of name, as specified in the court order, then the “New Names” section for that person shall be left blank on the new marriage license and certificate or new confidential marriage license and certificate of marriage. A new marriage license and certificate or new confidential marriage license and certificate issued pursuant to this article shall not entitle the parties to the marriage to change their names using the procedures in Section 306.5 of the Family Code at the time of the issuance of the new marriage license and certificate or confidential marriage license and certificate. Notwithstanding Sections 103235 and 103255, reference shall not be made in the new marriage license and certificate or new confidential marriage license and certificate, and its form shall not in any way indicate, that it is not the original marriage license and certificate or original confidential marriage license and certificate of the petitioner. (c) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child. (2) If a new birth certificate is requested under subdivision (d) of Section 103425, the new birth certificate for the petitioner’s child shall reflect the change of the designation of the petitioner as mother, father, or parent and, if applicable, any change of name of the petitioner, as specified in the court order and as prescribed by Section 103425. Reference shall not be made in the new birth certificate, and its form shall not in any way indicate, that it is not the original birth certificate of the petitioner’s child. (d) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

Cal. Health and Safety Code - HSC § 103435. Section 103435.

(a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following: (1) The procedure set forth in Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender and sex identifier. (2) The procedure set forth in Section 103430 if there is a request for a new marriage license and certificate, confidential marriage license and certificate, or for a new birth certificate for any child of the petitioner. (b) (1) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the Secretary of State. (2) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the State Registrar, if any of the following conditions are met: (A) The judgment includes an order for a new birth certificate and the petitioner has a birth certificate issued by this state. (B) The judgment includes an order for a new marriage license and certificate and the original marriage license and certificate was issued within this state. (C) The judgment includes an order for a new birth certificate for the petitioner’s child and the petitioner’s child has a birth certificate issued by this state. (3) If the judgment issued pursuant to this section includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court shall, within 30 days, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued. (c) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate or marriage license and certificate as provided in this article. (d) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate, the county clerk shall issue a new confidential marriage license and certificate as provided in this article. (e) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.

Cal. Health and Safety Code - HSC § 103437. Section 103437.

(a) As used in this section, “change of name or gender and sex identifier, or both” means a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a combined change of the petitioner’s name and recognition of the change to the petitioner’s gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioner’s name to the petitioner’s gender identity pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure. (b) Subject to subdivision (c), all of the following apply: (1) The court records, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, associated with a proceeding for a change of name or gender and sex identifier, or both, shall be kept confidential by the court. (2) Until the court orders a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records. Prior to those orders, the court shall not provide access to anyone other than the petitioner, any other person who signed the petition, an individual who is subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys. For a petition brought on behalf of a minor, the court shall limit access prior to an order changing the minor’s name or gender and sex identifier, or both, to the minor subject of the petition, the minor’s parents, guardians, and guardians ad litem, an individual subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys. (3) Upon the court ordering a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, to the petitioner, a minor who received a change of name or gender and sex identifier, or both, an adult who signed the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys. (c) The requirements set forth in subdivision (b) apply if any of the following conditions are met: (1) The petition for change of name or gender and sex identifier, or both, is filed on or after July 1, 2026. (2) The court orders the records in the proceeding to be kept confidential. The court shall enter that order if the petitioner in a proceeding for a change of name or gender and sex identifier, or both, in which the petition was filed before July 1, 2026, files a request to keep the records in the proceeding confidential. The petitioner may make this request ex parte and without paying a filing fee. The court shall make the request and all associated records confidential. (3) The records in the proceeding were previously made confidential by statute or otherwise. (d) If the petitioner discovers that court records in their proceeding for a change of name or gender and sex identifier, or both, are not being kept confidential by the court pursuant to subdivision (b) or (c), the petitioner may apply ex parte for that order, without paying a filing fee, and the court shall enter an order making the records confidential. The court shall make the application and all associated records confidential. (e) Other than the petitioner, a person or private entity shall not publicly post a confidential record pursuant to this section on the internet or otherwise. (f) Any violation of this section constitutes an injury. (g) Commencing six months after the effective date of the act that added this subdivision, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorney’s fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision. (h) (1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the effective date of the act that added this subdivision, a petitioner who has been harmed by a disclosure or continuing disclosure of records by a person or private entity with actual knowledge that those records were made confidential or sealed by the court may bring a civil action in a court of competent jurisdiction against a person or private entity that caused the harm. A civil action pursuant to this subdivision may be brought by a petitioner or, if the petitioner is a minor, on behalf of a petitioner by the petitioner’s parent, guardian, or guardian ad litem. (2) If a person or private entity is found liable in a cause of action brought pursuant to paragraph (1), the person or private entity shall be liable to the petitioner for all of the following: (A) Actual damages but not less than statutory damages in the amount of five thousand dollars ($5,000). (B) Punitive damages upon proof of willful or reckless disregard of the law. (C) Reasonable attorney’s fees and costs. (i) On or before July 1, 2026, the Judicial Council shall, as necessary, develop forms and rules to implement this section. (j) Whether a transgender person’s gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person has a privacy interest in concealing their transgender identity. (k) Nothing in this section shall preclude a court from granting a motion to seal all court records, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, of a person’s change of name or gender and sex identifier, or both, pursuant to California Rule of Court 2.550, or a successor rule.

Cal. Health and Safety Code - HSC § 103440. Section 103440.

(a) The new birth certificate, marriage license and certificate, or confidential marriage license and certificate established pursuant to this article shall supplant any birth certificate, marriage license and certificate, or confidential marriage license and certificate previously registered for the registrant. The new birth certificate or new marriage license and certificate shall be the only birth certificate or marriage license and certificate open to public inspection. The application and supporting affidavit filed pursuant to subdivision (a) of Section 103426 and the applications, supporting affidavits, and stipulations filed pursuant to subdivisions (b) and (c) of Section 103426 shall be filed with the original record of birth, which shall remain as a part of the records of the State Registrar. The applications, supporting affidavits, and stipulations filed pursuant to subdivision (d) of Section 103426 for a confidential marriage license and certificate shall be filed with the original confidential record of marriage, which shall remain as a part of the records of the county clerk. The applications, supporting affidavits, and stipulations filed pursuant to subdivision (e) of Section 103426 for a marriage license and certificate shall be filed with the original record of marriage, which shall remain as a part of the records of the State Registrar. All records and information specified in this article, other than the newly issued birth certificate or marriage license and certificate, shall be available only upon written request of the registrant or an order of a court of record. Nothing in this section changes the confidentiality of or access to a confidential marriage certificate. (b) When a new birth certificate or a new marriage license and certificate is established under this article, the State Registrar shall transmit copies of the newly established birth certificate or marriage license and certificate for filing to the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies of the original certificate to the State Registrar for filing with the original certificate, if it is practical for the local registrar or the county recorder to do so. If it is impractical for the local registrar or the county recorder to forward the copy to the State Registrar, the local registrar or the county recorder shall effectually seal a cover over the copy of the original certificate in a manner as not to deface or destroy the copy and forward a verified statement of the action to the State Registrar. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record. (c) When a new confidential marriage license and certificate is ordered under this article, the county clerk shall effectually seal a cover over the original certificate in a manner as not to deface or destroy the copy, issue a new confidential marriage license and certificate, and file the new confidential marriage license and certificate in its place. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record.

Cal. Health and Safety Code - HSC § 103443. Section 103443.

(a) The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge. (b) The county clerk shall transmit a copy of a confidential marriage certificate newly established under this article to the registrant without additional charge.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

Starting a business in California? California LLC guide: costs and requirements