S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5465--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  BRONSON,  GLICK, GONZALEZ-ROJAS,
   TAYLOR, SIMON, QUART, EPSTEIN, SEAWRIGHT, LAVINE, GOTTFRIED,  LUPARDO,
   FERNANDEZ, DINOWITZ, HYNDMAN, BURDICK, GALLAGHER, OTIS, HEVESI, REYES,
   JACKSON,  DAVILA,  LUNSFORD, FORREST, CRUZ, DE LA ROSA, PERRY, THIELE,
   SILLITTI, DICKENS, ZINERMAN, ENGLEBRIGHT, STECK, MAMDANI, FAHY, KELLES
   -- Multi-Sponsored by -- M. of A. COOK -- read once  and  referred  to
   the Committee on Governmental Operations -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  and  referred to the Committee on Ways and Means --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend the civil rights law, the vehicle and traffic law and
   the public health law, in relation to enacting the "Gender Recognition
   Act"; and to repeal subdivision 1 of section 502 of  the  vehicle  and
   traffic law relating to driver's licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Gender Recognition Act".
   §  2.  Section 62 of the civil rights law is amended by adding two new
 subdivisions 3 and 4 to read as follows:
   3. EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE
 COURT SHALL NOT REQUIRE ANY OTHER PRE-HEARING NOTICE.   THE COURT  SHALL
 NOT  CONDITION  THE ENTRY OF AN ORDER ON NOTICE TO ANY OTHER PARTY OR TO
 ANY CITY, STATE OR FEDERAL AGENCY EXCEPT BY WRITTEN ORDER DETAILING  THE
 COURT'S  REASONING  FOR REQUIRING SUCH NOTICE AND SHOWING CAUSE WHY SUCH
 NOTICE SHOULD BE SERVED. UNDER NO CIRCUMSTANCES SHALL THE COURT  REQUIRE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD05588-09-1
 A. 5465--D                          2
 
 NOTICE  TO  UNITED  STATES  IMMIGRATION  AND CUSTOMS ENFORCEMENT, UNITED
 STATES CUSTOMS AND BORDER  PROTECTION,  UNITED  STATES  CITIZENSHIP  AND
 IMMIGRATION  SERVICES, OR ANY SUCCESSOR AGENCIES, OR ANY AGENCIES HAVING
 SIMILAR DUTIES.
   4. THE COURT SHALL NOT REQUEST OR REQUIRE CONSENT FROM ANY PARTY OTHER
 THAN  THE  PETITIONER,  OR IN THE CASE OF A PETITIONER WHO DOES NOT HAVE
 CAPACITY TO CONSENT, THEIR  LEGAL  REPRESENTATIVE,  AS  A  CONDITION  OF
 GRANTING  THE  NAME  CHANGE  OR  OBTAINING  CERTIFIED COPIES OF THE NAME
 CHANGE ORDER.
   § 3. Section 63 of the civil rights law, as amended by chapter 253  of
 the laws of 2014, is amended to read as follows:
   § 63. Order. If the court to which the petition is presented is satis-
 fied  thereby,  or by the affidavit and certificate presented therewith,
 that the petition is true, and that there is no reasonable objection  to
 the  change  of name proposed, and if the petition be to change the name
 of an infant, that the interests of the  infant  will  be  substantially
 promoted  by  the  change, the court shall make an order authorizing the
 petitioner to assume the name proposed. The order shall  further  recite
 the  date  and place of birth of the applicant and, if the applicant was
 born in the state of New York, such order shall set forth the number  of
 [his]  THE APPLICANT'S birth certificate or that no birth certificate is
 available. The order shall be directed to be entered and the  papers  on
 which  it  was granted to be filed [prior to the publication hereinafter
 directed] in the clerk's office of the county in  which  the  petitioner
 resides if [he be] THEY ARE an individual, or in the office of the clerk
 of  the civil court of the city of New York if the order be made by that
 court.  [Such order shall also direct the publication,  at  least  once,
 within sixty days after the making of the order, in a designated newspa-
 per  in  the  county in which the order is directed to be entered and if
 the petition is made by a person subject to the provisions  of  subdivi-
 sion two of section sixty-two of this article, in a designated newspaper
 in  any  county  wherein such person was convicted if different from the
 county in which the order is otherwise directed  to  be  entered,  of  a
 notice  in substantially the following form: Notice is hereby given that
 an order entered by the ............ court,............ county,  on  the
 ......  day  of......., bearing Index Number..........., a copy of which
 may  be  examined   at   the   office   of   the   clerk,   located   at
 .................,  in room number......., grants me the right to assume
 the name of ...................   The  city  and  state  of  my  present
 address  are  .........................;  the month and year of my birth
 are ................; the place of my birth is ....................;  my
 present name is .................................]
   §  4. Section 64 of the civil rights law, as amended by chapter 258 of
 the laws of 2006, and the closing paragraph  as  separately  amended  by
 chapters  258,  320  and  481 of the laws of 2006, is amended to read as
 follows:
   § 64. Effect. 1. If the order [shall be fully complied with, and with-
 in ninety days after the making of the order, an affidavit of the publi-
 cation thereof shall be filed in the  office  in  which  the  order]  is
 entered,  the  petitioner  shall  be  known by the name which is thereby
 authorized to be assumed. If the surname  of  a  parent  be  changed  as
 provided  in this article, any minor child of such parent at the time of
 such change may thereafter assume such changed surname.
   [Upon compliance with the order and the filing of the affidavit of the
 publication, as provided in this section, the  clerk  of  the  court  in
 which  the  order has been entered shall certify that the order has been
 A. 5465--D                          3
 complied with; and, if] 2. (A) IF the petition states that the petition-
 er stands convicted of a violent felony offense as  defined  in  section
 70.02  of the penal law or a felony defined in article one hundred twen-
 ty-five  of  such  law  or  any  of the following provisions of such law
 sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article
 two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two
 of section 230.30 or 230.32, [such] THE clerk OF THE COURT IN WHICH  THE
 ORDER  HAS BEEN ENTERED [(1)] shall deliver, by first class mail, a copy
 of such certified order to the division of criminal justice services  at
 its  office in the county of Albany and [(2) upon the clerk of the court
 reviewing the petitioner's application for name  change  and  subsequent
 in-court  inquiry,  may,  in  the  clerk's discretion, deliver, by first
 class mail, the petitioner's new name with such certified order  to  the
 court  of  competent  jurisdiction  which imposed the orders of support.
 Such certification shall appear on the original order and on any  certi-
 fied  copy  thereof  and  shall be entered in the clerk's minutes of the
 proceeding] (B) IF THE PETITION STATES THAT THE PETITIONER IS  RESPONSI-
 BLE  FOR  SPOUSAL SUPPORT OR CHILD SUPPORT OBLIGATIONS PURSUANT TO COURT
 ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME  CHANGE  AND
 SUBSEQUENT  INQUIRY,  THE  COURT MAY, IN ITS DISCRETION, ORDER THE PETI-
 TIONER TO DELIVER BY FIRST CLASS MAIL, THE PETITIONER'S  NEW  NAME  WITH
 SUCH  CERTIFIED  ORDER  TO  THE  COURT  OF  COMPETENT JURISDICTION WHICH
 IMPOSED THE ORDERS OF SUPPORT. SUCH CERTIFICATION SHALL  APPEAR  ON  THE
 ORIGINAL ORDER AND ON ANY CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
 THE COURT'S MINUTES OF THE PROCEEDING.
   3.  A NAME CHANGE ORDER OR OTHER DOCUMENTATION OF NAME CHANGE SHALL BE
 SUFFICIENT TO CHANGE THE PETITIONER'S NAME ON  ANY  DOCUMENT  OR  RECORD
 ISSUED  OR MAINTAINED BY THE STATE OF NEW YORK OR ANY SUBDIVISION THERE-
 OF, OR ANY PRIVATE ENTITY, INCLUDING BUT  NOT  LIMITED  TO,  ALL  SCHOOL
 RECORDS  FOR  CURRENT  AND  PAST STUDENTS, ARCHIVAL RECORDS AND MARRIAGE
 CERTIFICATES. FAILURE OF A PUBLIC OR PRIVATE ENTITY TO COMPLY WITH  SUCH
 A  REQUEST  MAY CONSTITUTE A VIOLATION OF SECTION TWO HUNDRED NINETY-SIX
 OF THE EXECUTIVE LAW, SECTION FORTY-C OF THIS CHAPTER AND ANY APPLICABLE
 LOCAL NON-DISCRIMINATION LAW AND MAY BE THE BASIS FOR A COMPLAINT TO THE
 NEW YORK STATE  DIVISION  OF  HUMAN  RIGHTS  AND  ANY  OTHER  APPLICABLE
 ENFORCEMENT ENTITY.
   §  5.  Section 64-a of the civil rights law, as amended by chapter 241
 of the laws of 2015, is amended to read as follows:
   § 64-a. [Exemption from publication requirements] SEALING NAME  CHANGE
 PAPERS. 1. If the court shall find that [the publication] OPEN RECORD of
 an applicant's change of name would jeopardize such applicant's personal
 safety,  based  on  totality  of  the  circumstances  [the provisions of
 sections sixty-three and sixty-four of this article  requiring  publica-
 tion  shall  be waived and shall be inapplicable. Provided, however, the
 court shall not deny such waiver soley on the basis that  the  applicant
 lacks  specific instances of or a personal history of threat to personal
 safety.  The], THE court shall, AT THE REQUEST OF THE APPLICANT  OR  SUA
 SPONTE,  order  the  records  of  such change of name proceeding [to] be
 sealed, to be opened only by order of the court for good cause shown  or
 at  the  request  of  the applicant.   FOR THE PURPOSES OF THIS SECTION,
 "TOTALITY OF THE CIRCUMSTANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO,  A
 CONSIDERATION  OF  THE  RISK  OF  VIOLENCE OR DISCRIMINATION AGAINST THE
 APPLICANT, INCLUDING SUCH APPLICANT'S STATUS AS TRANSGENDER  OR  AS  THE
 SUBJECT  OF  DOMESTIC  VIOLENCE.   THE COURT SHALL NOT DENY SUCH SEALING
 REQUEST SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC  INSTANCES
 OF OR A PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
 A. 5465--D                          4
 
   2.  Notwithstanding any other provision of law, pending such a finding
 in subdivision one of this section where an applicant seeks relief under
 this section, the court shall immediately order the applicant's  current
 name,  proposed  new name, residential and business addresses, telephone
 numbers,  and any other information contained in any pleadings or papers
 submitted to the court to be safeguarded and sealed in order to  prevent
 their  inadvertent or unauthorized use or disclosure while the matter is
 pending.
   § 6. The civil rights law is amended by adding a new  article  6-A  to
 read as follows:
                                ARTICLE 6-A
                         CHANGE OF SEX DESIGNATION
 SECTION 67. PETITION TO CHANGE OF SEX DESIGNATION.
         67-A. ORDER.
         67-B. SEALING CHANGE OF SEX DESIGNATION PAPERS.
   §  67.  PETITION TO CHANGE OF SEX DESIGNATION. 1. A PETITION FOR LEAVE
 TO CHANGE SEX DESIGNATION MAY BE MADE BY A RESIDENT OF THE STATE TO  THE
 COUNTY  COURT  OF THE COUNTY OR THE SUPREME COURT IN THE COUNTY IN WHICH
 SUCH RESIDENT RESIDES, OR, IF SUCH RESIDENT RESIDES IN THE CITY  OF  NEW
 YORK, EITHER TO THE SUPREME COURT OR TO ANY BRANCH OF THE CIVIL COURT OF
 THE  CITY  OF NEW YORK, IN ANY COUNTY OF THE CITY OF NEW YORK. THE PETI-
 TION TO CHANGE THE SEX DESIGNATION OF AN  INFANT  MAY  BE  MADE  BY  THE
 INFANT  THROUGH  EITHER  OF  SUCH  INFANT'S PARENTS, OR BY SUCH INFANT'S
 GENERAL GUARDIAN OR BY THE GUARDIAN OF SUCH INFANT'S PERSON.
   2.  WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE  THEIR  GENDER
 IDENTITY  OR  TO  AMEND THE SEX DESIGNATION ON AN IDENTITY DOCUMENT, THE
 COURT SHALL ISSUE SUCH AN ORDER UPON RECEIPT OF AN AFFIDAVIT  FROM  SUCH
 INDIVIDUAL  ATTESTING TO THEIR GENDER IDENTITY OR REASON FOR THE CHANGE.
 NO ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED TO GRANT SUCH  REQUEST.
 NO  SUCH  ORDER  SHALL  BE REQUIRED TO AMEND AN IDENTITY DOCUMENT ISSUED
 WITHIN NEW YORK STATE. NO SUCH ORDER  SHALL  BE  REQUIRED  TO  OTHERWISE
 RECOGNIZE  THE  GENDER  OF  AN INDIVIDUAL AND TREAT THEM CONSISTENT WITH
 THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR UNDER NEW YORK STATE LAW.
 NO FEE SHALL BE CHARGED FOR A REQUEST FOR JUDICIAL INTERVENTION  ASSOCI-
 ATED WITH A PETITION TO CHANGE SEX DESIGNATION.
   3.  SUCH REQUEST MAY BE MADE SIMULTANEOUSLY WITH A PETITION FOR CHANGE
 OF  NAME  PURSUANT  TO SECTION SIXTY OR SIXTY-FIVE OF THIS CHAPTER OR ON
 ITS OWN.
   § 67-A. ORDER. IF THE COURT TO WHICH  THE  PETITION  IS  PRESENTED  IS
 SATISFIED  THEREBY, OR BY THE AFFIDAVIT AND CERTIFICATE PRESENTED THERE-
 WITH, THAT THE PETITION  IS  TRUE,  AND  THAT  THERE  IS  NO  REASONABLE
 OBJECTION TO THE CHANGE OF SEX DESIGNATION PROPOSED, AND IF THE PETITION
 BE TO CHANGE THE SEX DESIGNATION OF AN INFANT, THAT THE INTERESTS OF THE
 INFANT  WILL  BE  SUBSTANTIALLY  PROMOTED BY THE CHANGE, THE COURT SHALL
 MAKE AN ORDER AUTHORIZING THE PETITIONER TO ASSUME THE  SEX  DESIGNATION
 PROPOSED.
   §  67-B.  SEALING CHANGE OF SEX DESIGNATION PAPERS. 1. UPON REQUEST OF
 THE APPLICANT OR SUA SPONTE, THE COURT SHALL ORDER THE RECORDS  OF  SUCH
 CHANGE  OF SEX DESIGNATION PROCEEDING TO BE SEALED, TO BE OPENED ONLY BY
 ORDER OF THE COURT FOR GOOD CAUSE SHOWN OR AT THE REQUEST OF THE  APPLI-
 CANT.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENDING SUCH A FINDING
 IN SUBDIVISION ONE OF THIS SECTION WHERE AN APPLICANT SEEKS RELIEF UNDER
 THIS SECTION, THE COURT SHALL IMMEDIATELY ORDER THE APPLICANT'S  CURRENT
 NAME,  SEX  DESIGNATION,  PROPOSED  NEW SEX DESIGNATION, RESIDENTIAL AND
 BUSINESS  ADDRESSES,  TELEPHONE  NUMBERS,  AND  ANY  OTHER   INFORMATION
 A. 5465--D                          5
 
 CONTAINED  IN ANY PLEADINGS OR PAPERS SUBMITTED TO THE COURT TO BE SAFE-
 GUARDED AND SEALED IN ORDER TO PREVENT THEIR INADVERTENT OR UNAUTHORIZED
 USE OR DISCLOSURE WHILE THE MATTER IS PENDING.
   §  7.  Subdivision 2 of section 490 of the vehicle and traffic law, as
 amended by chapter 465 of the laws of 2012, the third undesignated para-
 graph as amended by chapter 248 of the laws of 2016, is amended to  read
 as follows:
   2. Application. (A) Any person to whom a driver's license or learner's
 permit  has  not  been  issued  by  the  commissioner, or whose driver's
 license or learner's permit is expired, suspended,  revoked  or  surren-
 dered,  may  make application to the commissioner for the issuance of an
 identification  card.  The  commissioner  shall  ensure  that  space  is
 provided  on  the  application  so  that the applicant shall register or
 decline registration in the donate life registry for  organ  and  tissue
 donations  pursuant  to  section  forty-three  hundred ten of the public
 health law and that the following is stated on the application in  clear
 and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   The  commissioner  of  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, failure to check a box shall  not  impair  the
 validity of an application, and failure to check "yes" or checking "skip
 this  question" shall not be construed to imply a wish not to donate. In
 the case of an applicant under eighteen years  of  age,  checking  "yes"
 shall  not constitute consent to make an anatomical gift or registration
 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a box shall not impair that consent or registration.
   (B) THE IDENTIFICATION CARD SHALL DISPLAY THE SEX DESIGNATION OF M, F,
 OR  X  AS  CERTIFIED  BY THE APPLICANT, WITH NO ADDITIONAL DOCUMENTATION
 REQUIRED. THE APPLICANT MAY AMEND THE SEX DESIGNATION OF THEIR IDENTIFI-
 CATION CARD UPON REQUEST.
   § 8. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
 amended by chapter 487 of the laws of 2012, is REPEALED.
   §  9.  Subdivision 1 of section 502 of the vehicle and traffic law, as
 amended by chapter 37 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   1.  Application  for license. Application for a driver's license shall
 be made to the commissioner. The fee prescribed by law may be  submitted
 with such application. The applicant shall furnish such proof of identi-
 ty,  age,  and  fitness  as  may be required by the commissioner.   With
 respect to a non-commercial driver's license or learner's  permit  which
 does  not  meet federal standards for identification, in addition to the
 acceptable proofs of age and identity approved by the commissioner as of
 January first, two thousand nineteen, acceptable proof of identity shall
 also include, but not be limited to, a valid, unexpired foreign passport
 issued by the applicant's country of citizenship (which  shall  also  be
 eligible  as  proof  of age), a valid, unexpired consular identification
 document issued by a consulate from the applicant's country of  citizen-
 ship, or a valid foreign driver's license that includes a photo image of
 the  applicant  and  which is unexpired or expired for less than twenty-
 A. 5465--D                          6
 four months of its date of expiration, as primary forms of  such  proof.
 Nothing  contained  in  this subdivision shall be deemed to preclude the
 commissioner from approving additional proofs of identity and age.   THE
 LICENSE  SHALL DISPLAY THE SEX DESIGNATION OF M, F, OR X AS CERTIFIED BY
 THE APPLICANT, WITH NO ADDITIONAL DOCUMENTATION REQUIRED. THE  APPLICANT
 MAY  AMEND  THE  SEX DESIGNATION OF THEIR DRIVER'S LICENSE UPON REQUEST.
 UPON AMENDMENT OF THE SEX DESIGNATION, THE CHANGE SHALL BE MADE CONSIST-
 ENT THROUGH ALL AFFILIATED RECORDS WITHIN THE CONTROL OF THE DEPARTMENT.
 The commissioner may also provide that the application  procedure  shall
 include  the  taking  of  a  photo  image  or images of the applicant in
 accordance with rules and regulations prescribed by the commissioner. In
 addition, the commissioner also shall require that the applicant provide
 [his or her] SUCH APPLICANT'S social security number or, in lieu  there-
 of, with respect to an application for a non-commercial driver's license
 or  learner's permit which does not meet federal standards for identifi-
 cation, an affidavit signed by such applicant that they  have  not  been
 issued  a  social security number.   The commissioner also shall provide
 SPACE ON THE APPLICATION SO THAT THE APPLICANT MAY  REQUEST  A  NOTATION
 UPON  SUCH LICENSE THAT SUCH APPLICANT IS A VETERAN OF THE UNITED STATES
 ARMED FORCES, AND space on the application so  that  the  applicant  may
 register  in  the  New  York state organ and tissue donor registry under
 section forty-three hundred ten  of  the  public  health  law  with  the
 following stated on the application in clear and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   The  commissioner  of  health shall not maintain records of any person
 who checks "skip this question". Except where the application is made in
 person or electronically, failure to check a box shall  not  impair  the
 validity of an application, and failure to check "yes" or checking "skip
 this  question" shall not be construed to imply a wish not to donate. In
 the case of an applicant under eighteen years  of  age,  checking  "yes"
 shall  not constitute consent to make an anatomical gift or registration
 in the donate life registry, except as otherwise  provided  pursuant  to
 the  provisions  of  paragraph  (b) of subdivision one of section forty-
 three hundred one of the public  health  law.  Where  an  applicant  has
 previously  consented  to  make  an anatomical gift or registered in the
 donate life registry, checking "skip this question" or failing to  check
 a  box  shall  not  impair that consent or registration. In addition, an
 applicant for a commercial driver's license who will operate  a  commer-
 cial motor vehicle in interstate commerce shall certify that such appli-
 cant  meets  the  requirements to operate a commercial motor vehicle, as
 set forth in public law 99-570, title XII, and title 49 of the  code  of
 federal  regulations,  and  all  regulations  promulgated  by the United
 States secretary of transportation under the hazardous materials  trans-
 portation  act.  In  addition,  an  applicant  for a commercial driver's
 license shall submit a medical certificate at such intervals as required
 by the federal motor carrier safety improvement act  of  1999  and  Part
 383.71(h)  of  title  49  of the code of federal regulations relating to
 medical certification and in a manner prescribed  by  the  commissioner.
 For  purposes  of  this  section  and  sections five hundred three, five
 hundred ten-a, and five hundred ten-aa of this title, the terms "medical
 certificate" and "medical certification" shall mean a form substantially
 in compliance with the form set forth in Part 391.43(h) of title  49  of
 the code of federal regulations. Upon a determination that the holder of
 a commercial driver's license has made any false statement, with respect
 A. 5465--D                          7
 
 to  the application for such license, the commissioner shall revoke such
 license.
   § 10. Section 4132 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5.  EACH  PARENT  OF  THE  CHILD  MAY  CHOOSE  TO BE DESIGNATED ON THE
 ORIGINAL CERTIFICATE OF BIRTH OR BY AMENDMENT AS "FATHER" OR "MOTHER" OR
 "PARENT".
   § 11. The section heading  and  paragraph  (e)  of  subdivision  1  of
 section 4138 of the public health law, the section heading as amended by
 chapter  201  of  the laws of 1972 and paragraph (e) of subdivision 1 as
 amended by section 9 of part L of chapter 56 of the laws  of  2020,  are
 amended  and  a  new  paragraph (f) is added to subdivision 1 to read as
 follows:
   Birth certificate; new certificate in case of subsequent  marriage  of
 unwed  parents;  adoption;  adjudication of parentage; change of name OF
 REGISTRANT OR PARENT; GENDER TRANSITION OF REGISTRANT OR PARENT.
   (e) the certificate of birth of a child born out of wedlock as defined
 in paragraph (b) of subdivision one of section four thousand one hundred
 thirty-five of this article has been filed without entry of the name  of
 the  signatory other than the person who gave birth and the commissioner
 thereafter receives the acknowledgment of parentage pursuant to  section
 one hundred eleven-k of the social services law or section four thousand
 one  hundred  thirty-five-b  of  this article executed by the person who
 gave birth and the other signatory which authorizes  the  entry  of  the
 name  of such other signatory, and which may also authorize a conforming
 change in the surname of the child[.]; OR
   (F) ANY PERSON BORN IN NEW YORK STATE WHO SUBMITS  AN  APPLICATION  TO
 CHANGE  THE  GENDER  ON THE BIRTH CERTIFICATE AND AN AFFIDAVIT ATTESTING
 UNDER PENALTY OF PERJURY THAT THE REQUEST FOR  A  CHANGE  OF  GENDER  TO
 (FEMALE, MALE, OR X) IS TO CONFORM THE PERSON'S DOCUMENTS AND RECORDS TO
 THE PERSON'S GENDER IDENTITY AND IS NOT MADE FOR ANY FRAUDULENT PURPOSE.
 A  SEX  DESIGNATION  OF X SHALL NOT BE A REQUIRED SEX DESIGNATION OF ANY
 INDIVIDUAL. UPON RECEIPT OF THE DOCUMENTATION,  THE  COMMISSIONER  SHALL
 ESTABLISH  A  NEW  BIRTH CERTIFICATE REFLECTING THE GENDER STATED IN THE
 APPLICATION AND ANY CHANGE IN NAME, IF ACCOMPANIED BY A COURT ORDER  FOR
 A  CHANGE  OF  NAME.   IF SUCH APPLICATION IS MADE ON BEHALF OF A PERSON
 YOUNGER THAN SEVENTEEN, SUCH AFFIDAVIT SHALL BE SIGNED BY  THE  PERSON'S
 PARENT,  LEGAL  GUARDIAN,  MENTAL  HEALTH OR MEDICAL PROVIDER, OR SOCIAL
 SERVICES PROVIDER.
   § 12. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.