Bill > HB1076

This bill seeks to require that birth certificates reflect biological sex. The key provisions of the bill are: 1. It defines "sex" as the immutable biological and physiological characteristics, specifically the chromosomes and internal and external reproductive anatomy, that are genetically determined at conception and generally recognizable at birth, and which define a person as being male or female. 2. It allows birth certificate sex designations to be amended within one year of filing the certificate if accompanied by a notarized affidavit of correction. After one year, amendments can only be made by court order upon a finding that the person's sex, as defined in the bill, is inaccurate. 3. It provides an exception for cases where a person is born with a physiological disorder that renders the person's biological sex not identifiable at birth as male or female. In such cases, the attending physician shall make a presumptive determination of the person's sex, which may thereafter be amended at any time based on genetic analysis and evaluation of the person's naturally occurring internal and external reproductive anatomy. Overall, the bill aims to ensure that birth certificates accurately reflect a person's biological sex, with limited exceptions, in order to maintain the integrity of vital records and the government's compelling interest in their accuracy.

Health and Social Services

https://sdlegislature.gov/#/Session/Bill/22138