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7 LONG TITLE
8 General Description:
9 This bill addresses legally changing an individual's sex.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses duties of the state registrar;
13 ▸ defines terms;
14 ▸ addresses a court process for a legal sex change petition;
15 ▸ establishes what a court considers;
16 ▸ establishes effect of proceedings;
17 ▸ addresses combined petitions; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 26-2-11, as last amended by Laws of Utah 1995, Chapter 202
26 ENACTS:
27 78B-6-2200, Utah Code Annotated 1953
28 78B-6-2201, Utah Code Annotated 1953
29 78B-6-2202, Utah Code Annotated 1953
30 78B-6-2203, Utah Code Annotated 1953
31 78B-6-2204, Utah Code Annotated 1953
32 78B-6-2205, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 26-2-11 is amended to read:
36 26-2-11. Name or sex change -- Registration of court order and amendment of
37 birth certificate.
38 (1) When a person born in this state has a name change under Title 42, Chapter 1,
39 Change of Name, or sex change under Title 78B, Chapter 6, Part 22, Change of Legal Sex,
40 approved by an order of a [
41 sex change approved by a court of competent jurisdiction of another state or a province of
42 Canada, a certified copy of the order [
43 application form provided by the registrar.
44 (2) (a) Upon receipt of the application, a certified copy of the order, and payment of the
45 required fee, the state registrar shall review the application, and if complete, register it and note
46 the fact of the amendment on the otherwise unaltered original birth certificate.
47 (b) The amendment shall be registered with and become a part of the original birth
48 certificate and a certified copy shall be issued to the applicant without additional cost.
49 (3) (a) Upon receipt of the application, a certified copy of the order, and payment of the
50 required fee, the state registrar shall review the application, and if complete, register the
51 application.
52 (b) The state registrar shall make a notation of a name or legal sex change amendment
53 on a certified copy of a birth certificate unless otherwise ordered by a court for good cause
54 shown.
55 (4) Nothing in this section, Title 42, Chapter 1, Change of Name, or Title 78B, Chapter
56 6, Part 22, Change of Legal Sex, modifies Section 26-2-22.
57 Section 2. Section 78B-6-2200 is enacted to read:
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59 78B-6-2200. Title.
60 This part is known as "Change of Legal Sex."
61 Section 3. Section 78B-6-2201 is enacted to read:
62 78B-6-2201. Definitions.
63 As used in this part:
64 (1) "Individual" means a natural person.
65 (2) "Petitioner" means an individual who files a petition under Section 78B-6-2202.
66 Section 4. Section 78B-6-2202 is enacted to read:
67 78B-6-2202. By petition to court -- Contents.
68 (1) An individual, desiring to change the individual's legal sex, may file a petition:
69 (a) (i) in a court of competent jurisdiction in the county in which the petitioner resides;
70 or
71 (ii) if an individual born in Utah but not residing in Utah, in the district encompassing
72 Salt Lake City; and
73 (b) if the individual is 18 years of age or older.
74 (2) A petition for change of legal sex shall set forth:
75 (a) the cause for which the change of legal sex is sought;
76 (b) the proposed legal sex;
77 (c) that the petitioner is not involved in a court action or proceeding other than the
78 proceeding to change the petitioner's legal sex, or if so, a description of the court action or
79 proceeding;
80 (d) that the petitioner is not on probation or parole, or that the petitioner has given
81 written notice of the petitioner's petition for legal sex change to the petitioner's probation or
82 parole officers;
83 (e) that the petitioner is not changing the petitioner's legal sex to avoid creditors or
84 anyone else with a claim against the petitioner;
85 (f) that the change in legal sex will not affect any right, title, or interest of anyone else;
86 (g) that the change in legal sex is not being done for any illegal, fraudulent, or wrongful
87 purpose; and
88 (h) that the change in legal sex is consistent with the petitioner's gender identity as
89 defined in Section 34A-5-102.
90 Section 5. Section 78B-6-2203 is enacted to read:
91 78B-6-2203. Notice of hearing -- Order of change.
92 (1) A court of competent jurisdiction that receives a petition under Section
93 78B-6-2202:
94 (a) shall schedule a hearing; and
95 (b) may order the petitioner to provide notice of the hearing to other parties with a legal
96 interest.
97 (2) (a) A court of competent jurisdiction shall order a change of legal sex as requested,
98 upon proof of the assertions of the petition filed under Section 78B-6-2202.
99 (b) If the court orders a legal sex change, the court shall order that the legal sex is
100 "female", "male", or "other".
101 (3) Notwithstanding any other section, a court may close to the public a hearing related
102 to a petition for change of legal sex upon request of the petitioner and court approval.
103 Section 6. Section 78B-6-2204 is enacted to read:
104 78B-6-2204. Effect of proceedings.
105 A proceeding for a change of legal sex under this part does not affect a pending legal
106 action, pending proceeding, right, title, or interest.
107 Section 7. Section 78B-6-2205 is enacted to read:
108 78B-6-2205. Combined petitions.
109 A petition for a change of legal sex under this part and a petition for a change of name
110 under Title 42, Chapter 1, Change of Name, may be combined into a single petition.