A Bill for an Act
Page 1, Line 101Concerning the designation of a decedent's gender identity
Page 1, Line 102on the decedent's certificate of death.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires an individual who completes a certificate of death to record the decedent's sex to reflect the decedent's gender identity.
If an individual who completes a certificate of death is presented with a document memorializing the decedent's gender identity (gender identity document), the individual must record the decedent's sex to reflect the gender identity indicated in the gender identity document.
If a gender identity document is not presented and an individual with the right to control the disposition of the decedent's remains objects to the sex recorded by the individual who completes the certificate of death, the individual with the right to control the disposition of the decedent's remains may state their objection to the individual who completes a certificate of death before the certificate of death is filed, and the individual who completes the certificate of death must record the sex as the gender identity reported by the individual with the right to control the disposition of the decedent's remains.
If a gender identity document is presented to the office of state registrar of vital statistics in the department of public health and environment (state registrar) for a decedent that died in the state, the state registrar must issue an amended certificate of death for the decedent that changes the decedent's sex to reflect the gender identity indicated in the gender identity document. The state registrar must also amend the certificate of death to reflect a legal name change if the appropriate legal name change documentation is submitted to the state registrar.
An individual with the right to control the disposition of a decedent's remains may file a claim seeking an order of the court to amend the information recorded on the decedent's certificate of death.
An individual who knowingly and willfully violates these requirements commits a class 2 misdemeanor.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 25-2-102, add (1.5) and (2.6) as follows:
Page 2, Line 325-2-102. Definitions. As used in this article 2, unless the context otherwise requires:
Page 2, Line 4(1.5) "Document memorializing the decedent's gender identity" includes any of the following:
Page 2, Line 5(a) A court order approving a legal name or gender change;
Page 2, Line 6(b) Written instructions from the decedent;
(c) A health-care directive;
Page 2, Line 7(d) Proof of clinical treatment for a gender transition;
Page 2, Line 8(e) Documentation of a change to the gender marker on the decedent's birth certificate;
Page 3, Line 1(f) A driver's license;
(g) A passport; or
Page 3, Line 2(h) A social security record.
Page 3, Line 3(2.6) "Gender identity" means an individual's innate sense
Page 3, Line 4of the individual's own gender, which may or may not correspond
Page 3, Line 5with the individual's sex assigned at birth and is designated on
Page 3, Line 6a certificate of death as male, female, or "X", which is a sex designation that is neither male nor female.
Page 3, Line 7SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (1)(c); and add (1)(e), (1)(f), and (1)(g) as follows:
Page 3, Line 825-2-110. Certificates of death - amended certificate of death
Page 3, Line 9following a change in gender identity - misdemeanor - definition.
Page 3, Line 10(1) (c) Once a certificate of death has been filed pursuant to
paragraphPage 3, Line 11
(a) of this subsection (1)Page 3, Line 12verification of death document may be used by local offices of vital
Page 3, Line 13statistics and
the office ofof vital statisticsPage 3, Line 14verifying a vital event to a person
or organizationPage 3, Line 15verification of fact-of-death. A verification of death document must
Page 3, Line 16include the name and address of the decedent, the date of death, the place
Page 3, Line 17of death, the gender identity of the decedent, the date the document
Page 3, Line 18is filed, the state file number, and the name of any spouse of the decedent.
Page 3, Line 19A verification of death document is not required to contain a social
Page 3, Line 20security number of the deceased as is otherwise required of a certificate
Page 3, Line 21of death under
paragraph (a) of this subsection (1)Page 3, Line 22(e) (I) In documentation of the decedent's sex on the
Page 4, Line 1certificate of death, the individual completing the certificate
Page 4, Line 2of death shall record the decedent's sex to reflect the
Page 4, Line 3decedent's gender identity. The decedent's gender identity must
Page 4, Line 4be obtained from the decedent's next of kin or the best qualified
Page 4, Line 5individual or source available to provide the decedent's gender identity.
Page 4, Line 6(II) (A) If the individual completing the certificate of
Page 4, Line 7death is presented with a document memorializing the decedent's
Page 4, Line 8gender identity, the individual completing the death certificate
Page 4, Line 9shall record the decedent's sex to reflect the gender identity indicated in the document.
Page 4, Line 10(B) If more than one document is presented to the
Page 4, Line 11individual completing the certificate of death pursuant to
Page 4, Line 12subsection (1)(e)(II)(A) of this section or to the state registrar
Page 4, Line 13pursuant to subsection (1)(f)(I) of this section and the documents
Page 4, Line 14conflict regarding the decedent's gender identity, the most
Page 4, Line 15recent document memorializing the decedent's gender identity prevails.
Page 4, Line 16(III) Notwithstanding subsection (1)(e)(I) of this section,
Page 4, Line 17if a document memorializing the decedent's gender identity is
Page 4, Line 18not presented pursuant to subsection (1)(e)(II)(A) of this section
Page 4, Line 19and the individual with the right, or a majority of individuals
Page 4, Line 20with the right, to control the disposition of the decedent's
Page 4, Line 21remains pursuant to section 15-19-106 objects to the sex
Page 4, Line 22recorded by the individual completing the certificate of death
Page 4, Line 23pursuant to subsection (1)(e)(I) of this section, the individual or
Page 4, Line 24majority of individuals described in this subsection (1)(e)(III) may
Page 5, Line 1state their objection to the individual completing the
Page 5, Line 2certificate of death before the certificate of death is filed with
Page 5, Line 3the state registrar, and the individual completing the
Page 5, Line 4certificate of death shall record the decedent's sex as the
Page 5, Line 5gender identity reported by the individual or majority of individuals described in this subsection (1)(e)(III).
Page 5, Line 6(f) (I) If a decedent died in the state and the state
Page 5, Line 7registrar is presented with a document memorializing the
Page 5, Line 8decedent's gender identity that reflects a gender identity that
Page 5, Line 9is not consistent with the sex recorded on the certificate of
Page 5, Line 10death filed with the state registrar pursuant to subsection
Page 5, Line 11(1)(a) of this section, the state registrar shall issue an amended
Page 5, Line 12certificate of death to change the decedent's sex designation to reflect the gender identity indicated in the document.
Page 5, Line 13(II) If the state registrar issues an amended certificate of
Page 5, Line 14death and the appropriate legal name change documentation is
Page 5, Line 15submitted to the state registrar, the state registrar shall
Page 5, Line 16amend the certificate of death to reflect a legal name change
Page 5, Line 17made before, or simultaneous to, the decedent's change in gender identity.
Page 5, Line 18(III) In issuing an amended certificate of death, the state registrar shall not:
Page 5, Line 19(A) Request additional information or records other
Page 5, Line 20than a document memorializing the decedent's gender identity; or
Page 5, Line 21(B) Disclose information relating to a gender correction,
Page 5, Line 22including to other government employees, unless the disclosure is legally required to conduct government business.
Page 6, Line 1(IV) Notwithstanding section 25-2-115, the amended
Page 6, Line 2certificate of death issued pursuant to subsection (1)(f)(I) of this
Page 6, Line 3section supersedes the original certificate of death as the
Page 6, Line 4official public record and must not be marked as amended or
Page 6, Line 5indicate in any other manner that the sex or legal name on the certificate of death has been changed.
Page 6, Line 6(V) (A) An individual described in subsection (1)(e)(III) of
Page 6, Line 7this section may file a claim in the court of the county where a
Page 6, Line 8decedent resided at the time of the decedent's death or where
Page 6, Line 9the decedent's remains are located, which claim names as a
Page 6, Line 10party the individual or individuals described in subsection
Page 6, Line 11(1)(e)(III) of this section and seeks an order of the court
Page 6, Line 12amending the sex recorded on the decedent's certificate of death.
Page 6, Line 13(B) An individual is not liable for damages or costs
Page 6, Line 14resulting from claims related to the information of the
Page 6, Line 15decedent as recorded on the certificate of death unless the
Page 6, Line 16individual knowingly and willfully recorded the incorrect information on the certificate of death.
Page 6, Line 17(g) An individual who knowingly and willfully fails to
Page 6, Line 18comply with this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
Page 6, Line 19SECTION 3. In Colorado Revised Statutes, 25-2-115, amend (1) as follows:
Page 6, Line 2025-2-115. Alteration of reports and certificates - amended
Page 6, Line 21reports and certificates. (1) A vital statistics report or certificate shall
Page 7, Line 1not ever be altered in any way except in accordance with this article 2 and
Page 7, Line 2applicable rules. Except for amended birth certificates issued pursuant to
Page 7, Line 3section 25-2-113.8 and amended certificates of death issued
Page 7, Line 4pursuant to section 25-2-110 (1)(f), the date of alteration and a
Page 7, Line 5summary description of the evidence submitted in support of the
Page 7, Line 6alteration must be endorsed on or made a part of each vital statistics
Page 7, Line 7certificate that is altered. Every vital statistics report or certificate that is
Page 7, Line 8altered in any way must be marked "Amended", except for amended birth
Page 7, Line 9certificates issued pursuant to section 25-2-113.8; amended
Page 7, Line 10certificates of death issued pursuant to section 25-2-110 (1)(f);
Page 7, Line 11the birth report or certificate of a child altered by the addition of a father's
Page 7, Line 12name pursuant to section 25-2-112 (3), in which case, upon request of the
Page 7, Line 13parents, the surname of the child shall be changed on the report and
Page 7, Line 14certificate to that of the father; or additions and minor corrections made
Page 7, Line 15within one year after the date of the statistical event as may be specified
Page 7, Line 16by applicable rules. A child's surname may be changed upon affidavit of
Page 7, Line 17the parent that the change is being made to conform the child's surname to the parent's legal surname.
Page 7, Line 18SECTION 4. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 7, Line 19SECTION 5. Safety clause. The general assembly finds,
Page 7, Line 20determines, and declares that this act is necessary for the immediate
Page 7, Line 21preservation of the public peace, health, or safety or for appropriations for
Page 7, Line 22the support and maintenance of the departments of the state and state institutions.