Establishment of new certificates of birth, when
HRS §338-17.7
in effect338-17.7. Establishment of new certificates of birth, when
(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 or physician assistant attesting that:
(A) The physician or physician assistant has
a bona fide provider-patient relationship with the birth registrant;
(B) The physician or physician assistant 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.
(b) When a new certificate of birth is
established under this section, it shall be substituted for the original
certificate of birth. The new certificate shall not be marked as amended and
shall in no way reveal the original language changed by any amendment.
Thereafter, the original certificate and the evidence supporting the
preparation of the new certificate shall be sealed and filed. The sealed documents
shall be opened only by an order of a court of record or, for those documents
amended pursuant to subsection (a)(4), by request of the birth registrant.
(c) If a new certificate of birth is
established under subsection (a)(4), it shall reflect, or shall be reissued to
reflect, any legal name change made before, simultaneously, or after the change
in sex designation; provided appropriate documentation of the name change is
submitted.
(d) If a new certificate of birth is
established under subsection (a)(4), the department shall not require any
additional medical information or records other than those required by
subsection (a)(4).
[L 1973, c 39, §1; am L 1975, c 66, §2(3); am L 1979, c 130,
§1 and c 203, §1; am L 1982, c 4, §1; am L 1983, c 65, §1; am L 1984, c 167,
§1; am L 1993, c 131, §2; am L 2015, c 226, §1; am L 2022, c 293, §8]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0017_0007.htmFetched: 11/10/2026