HB 1076 - Requires Birth Certificates Reflect the Biological Sex at Birth - South Dakota Key Vote

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Title: Requires Birth Certificates Reflect the Biological Sex at Birth

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Title: Requires Birth Certificates Reflect the Biological Sex at Birth

Vote Smart's Synopsis:

Vote to pass a bill that requires birth certificates reflect an individuals biological sex at birth.

Highlights:

 

  • Specifies that a sex designation on a birth certificate shall not be deemed incorrect if the designation accurately reflects the biological sex of the individual as a male or female (Sec. 1).

  • Specifies that an individual’s subjective identification of sex, if inconsistent with the individual’s objective, biological sex, does not change the individual’s sex (Sec. 1).

  • Defines “sex” as the immutable biological and physiological characteristics, specifically, the chomosomes and internal and external reproductive anatomy, that are genetically determined at conception and generally recognizable at birth, and which define an individual as being male or female (Sec. 3).

  • Requires an individual’s birth certificate include the all of the following (Sec. 4):

    • Name and date of birth;

    • County of birth;

    • Sex;

    • Mother’s name and maiden name; and

    • Father’s name, if known.

  • Specifies that a birth certificate may be amended within one year from the date it is submitted for filing if the request is accompanied by a notarized affidavit of correction that (Sec. 5):

    • Is on a form prescribed by the department of health;

    • Is signed by the parents identified on the birth certificate as the child’s legal guardian;

    • Is signed by the physician, or other individual who was in attendance at the birth, provided the required medical information, and certified the facts of the birth; and

    • States that the birth certificate contains incorrect information regarding the required fact.

  • Specifies that after the aforementioned one year period has passed, an individual’s birth certificate may only be amended in accordance with a court order finding that an individual’s sex as clarified by the aforementioned definition is inaccurate (Sec. 5).

  • Establishes that if an individual is born with a physiological disorder that renders the individual’s biological sex not identifiable at birth, based upon exernally observable reproductive anatomy, then the attending physician shall make a presumptive determination of the individual’s sex (Sec. 6)

  • Specifies that the aforementioned determination may be amended at any time based on genetic analysis and evaluation of the individual’s naturally occurring internal and external reproductive anatomy (Sec. 6).

Title: Requires Birth Certificates Reflect the Biological Sex at Birth

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