Registering and Modifying Vital Records for the

New Family Structures of the 21st Century

Ron HymanColorado State Registrar

Civil Unions◦ Same gender or opposite gender◦ Domestic Partnerships◦ Same Gender Marriages

Transgender issues

Multiple partners (three mommies)

Other varieties

Topics

Registration – forms, database Dissolution – Just for in-state or everyone? Terminology – Gender neutral, selectable Reciprocity Verification Statistics

◦ State - yes◦ National - no

Civil Unions, Etc.

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

Civil Unions and Parentage

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

Transgender

Transgender Children

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

Current Practice - # Jurisdictions*

* Source: National Gay and Lesbian Task Force

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.

2011 Model Law

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

Advocates Desire*

* Source: National Gay and Lesbian Task Force

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)

Multiple Partners

The male mother cases

Designer babies – the coming of genetically merged children

Other Varieties