AB 1084: Change of name and gender and sex identifier.
This bill eliminates the mechanism to file an objection to a change of name petition to conform a person's name to their gender identity. It requires the court to enter an order granting the petition without a hearing within six weeks of the petition's filing for adult petitioners. For minor petitioners, the court must enter an order granting the name change without a hearing within six weeks of the petition's filing if the petition is signed by all living parents. If the petition is not signed by all living parents, the court must make an order reciting specified information and serve it on any parent who did not sign the petition within four weeks. A hearing date is only set if an objection is timely filed and shows good cause for opposing the name change. The bill also eliminates the requirement to file a judgment ordering a new birth certificate or marriage license and certificate w…
| Oct. 13, 2025 | Chaptered by Secretary of State - Chapter 723, Statutes of 2025. |
| Oct. 13, 2025 | Approved by the Governor. |
| Sep. 24, 2025 | Enrolled and presented to the Governor at 3 p.m. |
| Sep. 13, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 16. Page 3467.). |
| Sep. 13, 2025 | Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.) |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 1277.5 of the Code of Civil Procedure is amended to read:1277.5.
(a) (1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.SEC. 2.
Section 1277.5 is added to the Code of Civil Procedure, to read:1277.5.
(a) If a proceeding for a change of name to conform an adult petitioner’s name to their gender identity is commenced by the filing of a petition, the court shall, without hearing and within six weeks of the petition’s filing, enter an order that the change of name is granted, except as provided in Section 1279.5.SEC. 3.
Section 103430 of the Health and Safety Code is amended to read:103430.
(a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.”SEC. 4.
Section 103430 is added to the Health and Safety Code, to read:103430.
(a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.”SEC. 5.
Section 103431 of the Health and Safety Code is amended to read:103431.
(a) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.SEC. 6.
Section 103431 is added to the Health and Safety Code, to read:103431.
(a) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.SEC. 7.
Section 103435 of the Health and Safety Code is amended to read:103435.
(a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following:SEC. 8.
Section 103435 is added to the Health and Safety Code, to read:103435.
(a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following: