Gender Identity Certificate of Death

The bill requires an individual who completes a certificate of death to record the decedent's sex to reflect the decedent's gender identity.

If an individual who completes a certificate of death is presented with a document memorializing the decedent's gender identity (gender identity document), the individual must record the decedent's sex to reflect the gender identity indicated in the gender identity document.

If a gender identity document is not presented and an individual with the right to control the disposition of the decedent's remains objects to the sex recorded by the individual who completes the certificate of death, the individual with the right to control the disposition of the decedent's remains may state their objection to the individual who completes a certificate of death before the certificate of death is filed, and the individual who completes the certificate of death must record the sex as the gender identity reported by the individual with the right to control the disposition of the decedent's remains.

If a gender identity document is presented to the office of state registrar of vital statistics in the department of public health and environment (state registrar) for a decedent that died in the state, the state registrar must issue an amended certificate of death for the decedent that changes the decedent's sex to reflect the gender identity indicated in the gender identity document. The state registrar must also amend the certificate of death to reflect a legal name change if the appropriate legal name change documentation is submitted to the state registrar.

An individual with the right to control the disposition of a decedent's remains may file a claim seeking an order of the court to amend the information recorded on the decedent's certificate of death.

An individual who knowingly and willfully violates these requirements commits a class 2 misdemeanor.

(Note: This summary applies to this bill as introduced.)