§ 4-211. New birth certificates; conditions, requirements
West's Annotated Code of MarylandHealth--GeneralEffective: April 11, 2023
Effective: April 11, 2023
MD Code, Health - General, § 4-211
§ 4-211. New birth certificates; conditions, requirements
(a) Except as provided in subsection (d) of this section, the Secretary shall make a new certificate of birth for an individual if the Department receives satisfactory proof that:
(b) Except as provided in subsection (d) of this section, the Secretary shall make a new certificate of birth for an individual if the Department receives satisfactory proof that:
(i) 1. A licensed health care practitioner who has treated or evaluated the individual has determined that the individual's sex designation should be changed because the individual has undergone treatment appropriate for the purpose of sex transition or has been diagnosed with an intersex condition;
2. The individual, or if the individual is a minor or disabled person under guardianship, the individual's parent, guardian, or legal representative, has made a written request for a new certificate of birth with a sex designation that differs from the sex designated on the original certificate of birth; and
(c) Except as provided in subsection (d) of this section, the Secretary may make a new certificate of birth for an individual who was born outside the United States if one of the following occurred in this State:
(d) The Secretary may not make a new certificate of birth in connection with an order of a court of competent jurisdiction relating to the adoption of an individual, if one of the following so directs the Secretary:
(e) A new certificate of birth shall be prepared on the following basis:
(f)(1) When a new certificate of birth is made under subsection (b) of this section:
(g)(1) If a new certificate of birth is made, the Secretary shall:
(h) Each clerk of court shall send to the Secretary, on the form that the Secretary provides, a report of:
(i) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the adoption certificate and any accompanying documents are not subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
(j) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section, and the date and place of birth have not been determined in the adoption or paternity proceedings:
(k)(1) The Secretary shall, on request, prepare and register a certificate in this State for an individual born in a foreign country and who was adopted:
(ii) 1. Under the laws of a jurisdiction or country other than the United States and has been granted an IR-3 or IH-3 visa by the U.S. Citizenship and Immigration Services under the Immigration and Nationality Act;1 and
Credits
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1988, c. 464, § 1, eff. July 1, 1988; Acts 1991, c. 36, § 1, eff. April 9, 1991; Acts 1995, c. 97, § 1, eff. Oct. 1, 1995; Acts 1998, c. 679, § 1, eff. Oct. 1, 1999; Acts 2002, c. 516, § 1, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 158, § 1, eff. Oct. 1, 2004; Acts 2011, c. 463, § 1, eff. Oct. 1, 2011; Acts 2011, c. 464, § 1, eff. Oct. 1, 2011; Acts 2015, c. 484, § 1, eff. Oct. 1, 2015; Acts 2015, c. 485, § 1, eff. Oct. 1, 2015; Acts 2019, c. 437, § 1, eff. June 1, 2019; Acts 2019, c. 438, § 1, eff. June 1, 2019; Acts 2022, c. 135, § 1, eff. April 12, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023.
Formerly Art. 43, § 19.
Footnotes
June 27, 1952, ch. 477, 66 Stat. 163, codified at 8 U.S.C.A. § 1101 et seq.
MD Code, Health - General, § 4-211, MD HEALTH GEN § 4-211
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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