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"or
Page 2, Line 5"document memorializing the decedent's gender identity"includes any of the following:
Page 2, Line 6(a) A court order approving a legal name or gender change;
Page 2, Line 7(b) Written instructions from the decedent;
(c) A health-care directive;
Page 2, Line 8(d) Proof of clinical treatment for a gender transition;
Page 3, Line 1(e) Documentation of a change to the gender marker on the decedent's birth certificate;or
Page 3, Line 2(f) A driver's license.
Page 3, Line 4(2.6) "Gender identity" means an individual's innate sense
Page 3, Line 5of the individual's own gender, which may or may not correspond
Page 3, Line 6with the individual's sex assigned at birth and is designated on
Page 3, Line 7a certificate of death as male, female, or "X", which is a sex designation that is neither male nor female.
Page 3, Line 8SECTION 2. In Colorado Revised Statutes, 25-2-110, amend (1)(c); and add(1)(e) and (1)(f) as follows:
Page 3, Line 925-2-110. Certificates of death - amended certificate of death
Page 3, Line 10following a change in gender - definition. (1) (c) Once a certificate
Page 3, Line 11of death has been filed pursuant to
paragraph (a) of this subsection (1)Page 3, Line 12subsection (1)(a) of this section, a verification of death document may
Page 3, Line 13be used by local offices of vital statistics and
the office ofPage 3, Line 14registrar
of vital statisticsorPage 3, Line 15
organizationPage 3, Line 16verification of death document must include the name and address of the
Page 3, Line 17decedent, the date of death, the place of death, the gender of the
Page 3, Line 18decedent, the date the document is filed, the state file number, and the
Page 3, Line 19name of any spouse of the decedent. A verification of death document is
Page 3, Line 20not required to contain a social security number of the deceased as is
Page 3, Line 21otherwise required of a certificate of death under
paragraph (a) of this subsection (1)Page 3, Line 22(e) (I) In documentation of the decedent's gender on the
Page 3, Line 23certificate of death, the individual completing the certificate
Page 4, Line 1of death shall record the decedent's gender to reflect the
Page 4, Line 2decedent's gender identity. If the document memorializing the
Page 4, Line 3decedent's gender is not provided to the individual completing
Page 4, Line 4the certificate of death, the decedent's next of kin or the best
Page 4, Line 5qualified individual or source available to provide the decedent's gender may provide that information.
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 gender 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, regardless of expiration date, if any, 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 gender
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 gender 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 that is not
Page 5, Line 9consistent with the gender recorded on the certificate of death
Page 5, Line 10filed with the state registrar pursuant to subsection (1)(a) of
Page 5, Line 11this section, the state registrar shall issue an amended
Page 5, Line 12certificate of death to change the decedent's gender
Page 5, Line 13designation to reflect the gender identity indicated in the document.
Page 5, Line 14(II) If the state registrar issues an amended certificate of
Page 5, Line 15death and the appropriate legal name change documentation is
Page 5, Line 16submitted to the state registrar, the state registrar shall
Page 5, Line 17amend the certificate of death to reflect a legal name change
Page 5, Line 18made before, or simultaneous to, the decedent's change in gender identity.
Page 5, Line 19(III) In issuing an amended certificate of death, the state registrar shall not:
Page 5, Line 20(A) Request additional information or records other
Page 5, Line 21than a document memorializing the decedent's gender identity; or
Page 5, Line 22(B) Disclose information relating to a gender correction,
Page 6, Line 1including to other government employees, unless the disclosure is legally required to conduct official business.
Page 6, Line 2(IV) Notwithstanding section 25-2-115, the amended
Page 6, Line 3certificate of death issued pursuant to subsection (1)(f)(I) of this
Page 6, Line 4section supersedes the original certificate of death as the
Page 6, Line 5official public record and must not be marked as amended or
Page 6, Line 6indicate in any other manner that the gender or legal name on the certificate of death has been changed.
Page 6, Line 7(V) (A) An individual described in subsection (1)(e)(III) of
Page 6, Line 8this section may file a claim in the court of the county where a
Page 6, Line 9decedent resided at the time of the decedent's death or where
Page 6, Line 10the decedent's remains are located, which claim names as a
Page 6, Line 11party the individual or individuals described in subsection
Page 6, Line 12(1)(e)(III) of this section and seeks an order of the court
Page 6, Line 13amending the gender recorded on the decedent's certificate of death.
Page 6, Line 14(B) An individual completing the certificate of death is
Page 6, Line 15not liable for damages or costs resulting from claims related
Page 6, Line 16to the information of the decedent as recorded on the
Page 6, Line 17certificate of death unless the individual knowingly and
Page 6, Line 18willfully recorded the incorrect information on the certificate of death.
Page 6, Line 20SECTION 3. In Colorado Revised Statutes, add 25-2-113.9 as follows:
Page 6, Line 2125-2-113.9. Gender selection for death certificates.On or
Page 6, Line 22before January 1, 2026, the department of public health and
Page 7, Line 1environment shall add a gender field to the certificate of death
Page 7, Line 2form and the electronic death registration system that is
Page 7, Line 3required to be utilized by a qualified individual pursuant to section 25-2-110.
Page 7, Line 4SECTION 4. In Colorado Revised Statutes, 25-2-115, amend (1) as follows:
Page 7, Line 525-2-115. Alteration of reports and certificates - amended
Page 7, Line 6reports and certificates. (1) A vital statistics report or certificate shall
Page 7, Line 7not ever be altered in any way except in accordance with this article 2 and
Page 7, Line 8applicable rules. Except for amended birth certificates issued pursuant to
Page 7, Line 9section 25-2-113.8 and amended certificates of death issued
Page 7, Line 10pursuant to section 25-2-110 (1)(f), the date of alteration and a
Page 7, Line 11summary description of the evidence submitted in support of the
Page 7, Line 12alteration must be endorsed on or made a part of each vital statistics
Page 7, Line 13certificate that is altered. Every vital statistics report or certificate that is
Page 7, Line 14altered in any way must be marked "Amended", except for amended birth
Page 7, Line 15certificates issued pursuant to section 25-2-113.8; amended
Page 7, Line 16certificates of death issued pursuant to section 25-2-110 (1)(f);
Page 7, Line 17the birth report or certificate of a child altered by the addition of a father's
Page 7, Line 18name pursuant to section 25-2-112 (3), in which case, upon request of the
Page 7, Line 19parents, the surname of the child shall be changed on the report and
Page 7, Line 20certificate to that of the father; or additions and minor corrections made
Page 7, Line 21within one year after the date of the statistical event as may be specified
Page 7, Line 22by applicable rules. A child's surname may be changed upon affidavit of
Page 7, Line 23the parent that the change is being made to conform the child's surname to the parent's legal surname.
Page 7, Line 24SECTION 5. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 8, Line 1SECTION 6. Safety clause. The general assembly finds,
Page 8, Line 2determines, and declares that this act is necessary for the immediate
Page 8, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 4the support and maintenance of the departments of the state and state institutions.