HB 1452: Birth Certificates; Vital Statistics; Birth Registrants; Advanced Practice Registered Nurses

A BILL FOR AN ACT

RELATING TO BIRTH CERTIFICATES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 338-17.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":

     (1)  Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;

     (2)  Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;

     (3)  Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;

     (4)  Upon receipt of an affidavit from a United States licensed physician [or], physician assistant, or advanced practice registered nurse attesting that:

          (A)  The physician [or], physician assistant, or advanced practice registered nurse has a bona fide provider-patient relationship with the birth registrant;

          (B)  The physician [or], physician assistant, or advanced practice registered nurse has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant's medical history;

          (C)  The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and

          (D)  The new gender does not align with the sex designation on the birth registrant's birth certificate; or

     (5)  Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Birth Certificates; Vital Statistics; Birth Registrants; Advanced Practice Registered Nurses

Description:

Includes advanced practice registered nurses among the types of health care providers who can submit an affidavit for a new certificate of birth for certain birth registrants.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to birth certificates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 338-17.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":

     (1)  Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;

     (2)  Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;

     (3)  Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;

     (4)  Upon receipt of an affidavit from a United States licensed physician [or], physician assistant, or advanced practice registered nurse attesting that:

          (A)  The physician [or], physician assistant, or advanced practice registered nurse has a bona fide provider-patient relationship with the birth registrant;

          (B)  The physician [or], physician assistant, or advanced practice registered nurse has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant's medical history;

          (C)  The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and

          (D)  The new gender does not align with the sex designation on the birth registrant's birth certificate; or

     (5)  Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Birth Certificates; Vital Statistics; Birth Registrants; Advanced Practice Registered Nurses

Description:

Expands the types of health care providers who can submit an affidavit for a new certificate of birth for certain birth registrants.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  986-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1452

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1452, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO BIRTH CERTIFICATES,"

begs leave to report as follows:

     The purpose of this measure is to include advanced practice registered nurses among the types of health care providers who can submit an affidavit for a new certificate of birth for certain birth registrants.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Hawaiʻi Health & Harm Reduction Center; Pride at Work – Hawaiʻi; HOKU PAC; Rainbow Family 808; Hawaiʻi Pacific Health; Stonewall Caucus of the Democratic Party of Hawaiʻi; Hawaiʻi Association of Professional Nurses; and numerous individuals.

     Your Committee finds that accurate and consistent identification documents are essential for individuals to safely and effectively engage in everyday activities, including accessing housing, employment, education, health care, and government services.  For transgender and gender-diverse individuals, identity documents that do not accurately reflect their gender can create barriers to participation in civic and economic life, increase the risk of discrimination, and undermine the reliability and integrity of official records.

     Your Committee further finds that existing limitations on the types of licensed health care providers authorized to support changes to birth certificates can create unnecessary administrative barriers and delays for individuals seeking to update their records.  Expanding access by authorizing advanced practice registered nurses to submit affidavits will improve access to essential government documentation while maintaining appropriate professional standards.  This measure promotes fairness and administrative efficiency by streamlining the process for obtaining accurate birth certificates and reducing avoidable obstacles to compliance with requirements under state law.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1452, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  163-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1452

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 1452 entitled:

"A BILL FOR AN ACT RELATING TO BIRTH CERTIFICATES,"

begs leave to report as follows:

     The purpose of this measure is to include advanced practice registered nurses among the types of health care providers who can submit an affidavit for a new certificate of birth for certain birth registrants.  

     Your Committee received testimony in support of this measure from Department of Health; Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; one member of the Hawaiʻi County Council; Stonewall Caucus of the Democratic Party of Hawaiʻi; Kuaʻana Project; Hawaiʻi Health & Harm Reduction Center; Pride at Work Hawaiʻi; HOKU PAC; Lambda Law Student Association of Hawaiʻi; Pilina Center for Wellbeing; and numerous individuals.  Your Committee received comments on this measure from one individual.

     Your Committee finds that the limitations on who may provide an affidavit to allow an individual to request the issuance of a new birth certificate that reflects their gender identity create a significant barrier for some of Hawaii's transgender or gender nonconforming residents, particularly those who live in rural communities, have limited financial resources, or whose care is provided by qualified advanced practice registered nurses.  This measure is intended to create more equitable access to accurate identity documents by allowing advanced practice registered nurses to submit an affidavit that will allow for the issuance of a new birth certificates for certain birth registrants.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1452, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1452, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,