Section 77 Gender Identity on Records 1
Section 13 of chapter 46 of the General Laws, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e)(1) A person who is 18 years of age or older, an emancipated minor or the parent or guardian of a person who is a minor may request a change in the sex designation on the person's birth record to a sex designation including, but not limited to, "female", "male" or "X". An "X" designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates or by the parent or guardian of the person if the person is a minor attesting that the request is to conform the person's birth record to the person's gender identity and is not made for any fraudulent purpose. No medical or healthcare related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.
(2) A person who requests a change in the sex designation on the person's birth record pursuant to paragraph (1) may request a change of name on the person's birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name. No medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(3) A person who has changed the sex designation on the person's birth record pursuant to paragraph (1) but did not request a change of name on the person's birth record pursuant to paragraph (2) may request a change of name on the person's birth record within 3 years from the date of the change in the sex designation on the person's birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person's birth record; provided further, that the department may waive the 3-year limitation for a person that demonstrates good cause, as determined by the department. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name. No medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(4) The department of public health may promulgate regulations to implement this subsection.