A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-100, RELATING TO COURT ORDERED CHANGES TO BIRTH CERTIFICATES, SO AS TO CHANGE THE TERM "GENDER" TO "SEX"; BY ADDING SECTION 44-63-95 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC HEALTH FROM CHANGING AN INDIVIDUAL'S SEX IN THE SEX FIELD OF THE BIRTH CERTIFICATE, WITH EXCEPTIONS; AND BY AMENDING SECTION 59-1-500, RELATING TO BIRTH CERTIFICATES OF STUDENTS ON SCHOOL SPORTS TEAMS, SO AS TO MAKE CONFORMING CHANGES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-63-100 (A) and (D) of the S.C. Code is amended to read:

 

    (A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gendersex at birth, gendersex changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order.

 

    (D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gendersex at birth, gendersex changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary. The order also must include a description of the evidence presented to the court. The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.

 

SECTION 2.  Chapter 63, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-63-95.  (A) For the purposes of this section:

       (1) "Disorder of sexual development" means a congenital condition involving atypical development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action. The term "disorder of sex development" does not include psychological or behavioral conditions, nor typical male or female sex development with distress regarding sexed anatomy.

       (2) "Female" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

       (3) "Male" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

       (4) "Sex" means an individual's biological sex, either male or female.

(B)(1) The Department of Public Health may not change an individual's sex in the sex field on the individual's birth certificate unless the individual petitions the department to make a change to correct a clerical error in recording the individual's sex on the individual's birth certificate or to correct a misclassification of an infant's sex at birth due to a medically verified disorder of sex development.

       (2) A petition to change an individual's sex on the individual's birth certificate due to a misclassification of an infant's sex at birth due to a medically verified disorder of sex development must be accompanied by:

           (a) a sworn affidavit from the petitioner's physician attesting to the objective medical evidence establishing the petitioner's medically verified disorder of sexual development; and

           (b) all medical evidence relied upon by the physician to support the diagnosis of a medically verified disorder of sexual development.

 

SECTION 3.  Section 59-1-500(A) of the S.C. Code is amended to read:

 

    (A) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth. However, if a student changes the sex on the student's birth certificate pursuant to Section 44-63-95 because of a clerical error in recording the student's sex on the student's birth certificate or to correct a misclassification of an infant's sex at birth due to a medically verified disorder of sex development, then the sex on the student's birth certificate reflecting the change is considered to have correctly stated the student's biological sex at birth.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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