Pennsylvania HB 1312: An Act amending the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, in death and fetal death registration, providing for nonbinary designation.

Bill Text

PRINTER'S NO. 1505
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1312
Session of
2025
INTRODUCED BY SANCHEZ, HOHENSTEIN, WAXMAN, RABB, GUENST, KHAN,
CERRATO, GIRAL, RIVERA, D. WILLIAMS, MAYES, BOYD, BOROWSKI
AND KRAJEWSKI, APRIL 28, 2025
REFERRED TO COMMITTEE ON HEALTH, APRIL 28, 2025
AN ACT
Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
act providing for the administration of a statewide system of
vital statistics; prescribing the functions of the State
Department of Health, the State Advisory Health Board and
local registrars; imposing duties upon coroners,
prothonotaries, clerks of orphans' court, physicians,
midwives and other persons; requiring reports and
certificates for the registration of vital statistics;
regulating the disposition of dead bodies; limiting the
disclosure of records; prescribing the sufficiency of vital
statistics records as evidence; prescribing fees and
penalties; and revising and consolidating the laws relating
thereto," in death and fetal death registration, providing
for nonbinary designation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 29, 1953 (P.L.304, No.66), known
as the Vital Statistics Law of 1953, is amended by adding a
section to read:
Section 502.1. Death and Fetal Death Registration: Nonbinary
Designation.--(a) A registration district shall establish a
procedure for an individual to predesignate a gender identity if
that individual wishes the gender identity to be reported on the
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certificate of death of the individual. The options for
predesignation shall be "female," "male" or "nonbinary." The
gender identity predesignation shall be filed with the
registration district. The registration district shall check the
sex designation of each certificate of death and amend the
certificate if there is a predesignated gender identity that
differs from the reported sex designation. If the decedent did
not predesignate a gender identity with the registration
district under this subsection, an immediate family member,
spouse or legal guardian may challenge the sex designation
reported to the individual who completed the certificate of
death within ten (10) days after the report of death has been
registered, by filing a petition in court seeking an order to
determine the gender identity to be recorded for the decedent.
(b) (1) If a decedent completed a predesignation under
subsection (a), the individual completing the certificate of
death shall record the decedent's sex to reflect the decedent's
gender identity as designated on the predesignation form under
subsection (a).
(2) If a decedent did not complete a predesignation under
subsection (a), the decedent's gender identity shall be listed
as identified on any of the following documents of the decedent:
(i) A birth certificate.
(ii) A driver's license.
(iii) A Social Security record.
(iv) A court order approving a name or gender change.
(v) A passport.
(vi) An advanced health care directive.
(vii) Proof of clinical treatment for gender transition.
(3) If no proof or documentation under clauses (1) and (2)
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apply, the person completing the certificate of death shall
record the decedent's sex as that which corresponds to the
decedent's gender as provided under subsection (a).
Section 2. This act shall take effect in 60 days.
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