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Registering and Modifying Vital Records for the New Family Structures of the 21 st Century

Registering and Modifying Vital Records for the New Family Structures of the 21 st Century. Ron Hyman Colorado State Registrar. Topics. Civil Unions Same gender or opposite gender Domestic Partnerships Same Gender Marriages Transgender issues Multiple partners (three mommies)

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Registering and Modifying Vital Records for the New Family Structures of the 21 st Century

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  1. Registering and Modifying Vital Records for the New Family Structures of the 21st Century Ron Hyman Colorado State Registrar

  2. Topics • Civil Unions • Same gender or opposite gender • Domestic Partnerships • Same Gender Marriages • Transgender issues • Multiple partners (three mommies) • Other varieties

  3. Civil Unions, Etc. • Registration – forms, database • Dissolution – Just for in-state or everyone? • Terminology – Gender neutral, selectable • Reciprocity • Verification • Statistics • State - yes • National - no

  4. Civil Unions and Parentage • Potential Players: • Sperm donor, egg donor, gestational carrier, gestational carrier’s spouse/partner, intended parents • Automatic assumption of parentage for civil union partners (as we do with marriages)? • Would that also apply to dad/dad situation? • Acknowledgement Of Paternity (parentage?) and Civil Unions • Second Parent Adoptions

  5. Transgender • Biologic sex vs. gender identity • Surgery – partial/complete? • Legal male who gives birth • Hormonal therapy – started/finished? • Therapist/MD statements • Self identity • Age for self identity • Court involvement • Documentation requirements

  6. Transgender Children

  7. Current Practice - # Jurisdictions* • Amend original but no new cert – 19 • Issue new cert – 17 • Will not amend – 3/4 • Court order determines if new cert – 4 • Require court order – 25 • Doctor affidavit/document – 21+CRBA • Consular Report of Birth Abroad (CRBA) • Surgery requirement &/or court order – 53 * Source: National Gay and Lesbian Task Force

  8. 2011 Model Law • As endorsed by NAPHSIS • Section 21 – Amendment of Vital Records • (d) Upon receipt of a certified copy of an order of (a court of competent jurisdiction or name of court) indicating the sex of an individual born in this state has been changed by surgical procedure and whether such individual’s name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.

  9. Advocates Desire* • No surgery • No court order • Statement from health care provider • New birth certificate rather than amended • Method to change previously issued amended certificates to new certificates • Privacy protections for original documents • Don’t require name change, but allow for it • Prohibit government officials from requesting additional medical information * Source: National Gay and Lesbian Task Force

  10. Multiple Partners • Three mommies case (two children so far) • Paper registration • Special notation in EBRS • Only issued through state office • Warned parents about potential issues with user agencies (Passport, etc)

  11. Other Varieties • The male mother cases • Designer babies – the coming of genetically merged children

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