AB1084 - Change of name and gender and sex identifier.

Assembly Bill No. 1084 CHAPTER 723 An act to amend, repeal, and add Section 1277.5 of the Code of Civil Procedure, and to amend, repeal, and add Sections 103430, 103431, and 103435 of the Health and Safety Code, relating to vital records. [ Approved by Governor October 13, 2025. Filed with Secretary of State October 13, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 1084, Zbur. Change of name and gender and sex identifier. Existing law establishes procedures for an adult petitioner to obtain a court order for a change of name to conform to the petitioner’s gender identity. Existing law requires the court to make an order to show cause with regard to the petition and a process for persons interested to make known any objection to the change of name by filing a written objection within 6 weeks of the making of the order. Existing law requires, in the case of a conforming name change petition for a minor that does not include the signatures of both living parents, the petition and the order to show cause to be served as prescribed on the nonsigning parent within 30 days of the order. This bill, commencing July 1, 2026, would eliminate the mechanism to file an objection to an adult petitioner’s change of name to conform to the petitioner’s name to the petitioner’s gender identity. The bill would require the court to enter an order granting the petition without a hearing within 6 weeks of the petition’s filing, as specified. The bill would require, for a change of name to conform a minor petitioner’s name to their gender identity signed by all living parents of the minor, the court to enter, within 6 weeks of the filing of the petition and without a hearing, an order that the change of name is granted. The bill would require, if the petition is not signed by all living parents of the minor, the court to make an order reciting specified information, and require the petition and the order to be served on any parent who did not sign the petition within 4 weeks of the date of the order. The bill would require that no hearing date be set unless an objection is timely filed and shows good cause for opposing the name change. Existing law authorizes a person to file a petition with the superior court for a court order to issue a new marriage license and certificate, confidential marriage license and certificate, or birth certificate to reflect a change in gender and sex identifier. Existing law provides a process for specified individuals to be given notice and an opportunity to respond to the petition, as specified, including that any objection to the petition must be filed within 6 weeks of the making of the order or the court will, without hearing, enter an order granting the petition. Existing law requires, if no service on any party is required, the court to grant the petition without a hearing if no written objection is timely filed within 6 weeks of the filing of the petition. Existing law requires the petitioner to file a judgment ordering a new birth certificate or marriage license and certificate to be filed with the State Registrar or county clerk, as applicable, within 30 days from the date of the judgment. This bill, commencing July 1, 2026, would eliminate the requirement that a petitioner file the judgment within 30 days from the date of the judgment. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text 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. (2) If a petition is filed to change the name of a minor to conform to gender identity that does not include the signatures of both living parents, the petition and the order to show cause made in accordance with paragraph (1) shall be served on the parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition. (b) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication. (c) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper. (d) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. 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. (b) (1) If a proceeding for a change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition includes the signatures of all of the minor’s living parents, the court shall, without hearing and within six weeks of the filing of the petition, enter an order that the change of name is granted, except as provided in Section 1279.5. (2) (A) If a proceeding for change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition does not include the signatures of all of the minor’s living parents, the court shall make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. (B) 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 after the completion of the six weeks, except as provided in Section 1279.5. (C) The petition and the order shall be served on any parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within four weeks from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition. (D) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper. (c) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication. (d) This section shall become operative on July 1, 2026. 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.” (b) (1) If the person whose gender is to be changed is under 18 years of age, the petition shall be signed either (A) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (c); or (B) if both parents are deceased and there is no guardian of the minor, by either a near relative or friend of the minor. The affidavit pursuant to subdivision (a) may be signed by the minor. (2) If the person whose gender is to be changed requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate pursuant to subdivision (c) of Section 103425, the petition shall be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition, or, if not signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate, and the spouse is living and capable, notice must be given to that nonsigning spouse as provided in subdivision (f). (3) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child pursuant to subdivision (d) of Section 103425, the petition shall be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. A petition that requests a new birth certificate for an adult child pursuant to subdivision (d) of Section 103425 that does not include the signature of the adult child shall not be granted with respect to the new birth certificate for that child if the child is living and capable of providing a signature. (4) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their minor child pursuant to subdivision (d) of Section 103425, the petition need not include the signature of the petitioner’s child if the child is under 18 years of age. (c) A petition to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as guardian ad litem pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. All petitions to recognize a change of the gender of a nonminor dependent may be made in the juvenile court. (d) (1) If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of the child’s parents. (2) Before granting a petition in accordance with this subdivision, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents. (e) (1) If a petition to recognize a change of gender of a minor does not include the signature of all living parents, then upon receipt of the petition, the court shall thereupon make an order directing the parent or parents who did not sign the petition to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted 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 gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. (2) If a petition to recognize a change of gender of a minor is filed by a person specified in subdivision (c) and all parents are deceased or cannot be located, then upon receipt of the petition, the court shall thereupon make an order directing the living grandparents to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted 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 gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. (3) If a petition pursuant to this section does not include any signature required by paragraph (2) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order reciting the filing of the petition, the proposed changes to the petitioner’s marriage license and certificate or confidential marriage license and certificate, and the name of the person by whom it is filed. The order shall direct the spouse of the petitioner who appears on the marriage license and certificate or confidential marriage license and certificate to make known any objection to the changes requested on the marriage license and certificate or confidential marriage [Text truncated for display. Full text available on Congress.gov.]