Gender identity: petition for change of name.

Existing law sets forth the requirements and procedures for proceedings commenced by the filing of a petition for a change of name. Existing law authorizes a court to grant the petition without a hearing if no written objection to the change of name is timely filed and imposes publication requirements with respect to the court hearing of the change of name petition. This bill would provide that if a petition for a change of name is sought to conform the petitioner's name to his or her gender identity, and no timely objection is filed, the court is required to grant the petition without a hearing. The bill would exempt the petition action from a specified publication requirement. The bill would authorize a court, at the request of the petitioner to, issue an order reciting the name of the petitioner as a result of the court's granting of the petition. The bill would make these provisions operative on July 1, 2014. Existing law authorizes a person to file a petition with the superior court in any county to seek a judgment recognizing a change of gender whenever that person has undergone clinically appropriate treatment for the purpose of gender transition. Existing law requires that if requested, the judgment include an order that a new birth certificate be prepared to reflect the change of gender and any change of name. Existing law requires that the State Registrar transmit a certified copy of a birth certificate newly established pursuant to these provisions. This bill would require the State Registrar to issue a new birth certificate reflecting a change of sex without a court order for any person born in the state who has undergone clinically appropriate treatment for the purpose of gender transition and submits to the State Registrar an affidavit of a physician attesting that the person has undergone that treatment, as specified. Upon receipt of the documentation and a prescribed fee, the State Registrar would be required to establish a new birth certificate reflecting the person's sex and any change of name, if applicable.