Whereas the designation of sex is essential for data collection, statistics, and policy for many functions of the state, including public health, education, the protection of sex-specific spaces, rights and resources, the protection of the rights and safety of incarcerated people, and the recording of crimes, and

Whereas the designation of sex must be accurate for the state to perform these functions and to protect of the rights and safety of its citizens,

Therefore, it is the intent of the legislature of the [state/commonwealth of__________] to ensure the integrity and accuracy of its vital records by enacting the following provisions.

I. Definitions

An individual’s sex refers to whether someone is male or female, which is distinguished based on the type of gamete (sperm or eggs) they are capable of or expected to produce, as dictatedbytheir primary sexual anatomy. Because there are only two types of gamete (sperm and ova), with two corresponding reproductive systems, there are only two sexes—male and female. An individual’s sex is rooted in reproductive anatomy and is in no way influenced or definedbyone’s psychological state, behavior, expression, or personal identity.

The female sex is characterized by a reproductive system with the biological function of producing eggs (ova).

The male sex is characterized by a reproductive system with the biological function of producing sperm.

For purposes of vital and other state records:

“Sex,” when used to refer to a natural person, means his or her biological sex, either male or female.

“Female,” when used to refer to a natural person, means an individual who naturally has, had, will have, or would have—but for a congenital anomaly or intentional or unintentional disruption—the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

“Male,” when used to refer to a natural person, means an individual who naturally has, had, will have, or would have—but for a congenital anomaly or intentional or unintentional disruption—the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.

“Vital record” means any official record of a natural person or life event issued and maintained by the [state/commonwealth of_______], including certificate of birth, certificate of marriage or divorce and certificate of death.

“State record” means any official record of the [state/commonwealth of_______], including but not limited to driver’s license, driver’s permit, or other identifying document, and any educational, health, judicial and criminal records.

II. Vital Records, in General

Any vital record issued by the [state/commonwealth of_____] which bears a designation of sex shall include such designation as either male or female and may not be altered except in the cases listed in Section III (A) through (C). Such records include but are not limited to, as applicable under state law:

1. Certificate of birth;
2. Certificate of marriage;
3. Certificate of divorce;
4. Certificate of death;
5. Record of parentage on the birth certificate of a child.

III. Certificate of Birth

Every certificate of birth issued by the [state/commonwealth of________] shall include a designation of the sex recorded at birth, either male or female. No change may be made to this designation, except for:

1. A correction of a scrivener’s error;
2. A correction in the case of a misidentification of an infant’s sex due to a medically verifiable disorder of sex development, including the following:
   1. a person born with external biological sex characteristics that are irresolvably ambiguous;
   2. a person born with 46 XX chromosomes with virilization;
   3. a person born with 46 XY chromosomes with under virilization;
   4. a person having both ovarian and testicular tissue;
   5. a person whom a physician has otherwise diagnosed with a disorder of sexual development, in which the physician has determined through genetic or biochemical testing that the person does not have any one of the following:
      1. normal sex chromosome structure for a male or female except:
         1. 46 X/XO Turner Syndrome;
         2. 47 XXY Klinefelter Syndrome.
      2. normal sex steroid hormone production for a male or female;
      3. normal sex steroid hormone action for a male or female.
3. A correction of a certificate that has been voluntarily altered to record a sex other than the sex of the person as previously recorded at birth. In such a case, the individual applying for a corrected certificate shall be granted the corrected certificate upon presenting documentation of his or her sex. The State shall ensure the process to correct a birth certificate in such an instance is as simple as practicable. Documentation to support the correction may include any previous state vital record, federal record, or documentation in possession of the individual or of the state bearing the correct sex or attesting to the change, including any one of the following:
   1. An original (or certified copy of a) birth certificate bearing the correct sex;
   2. A driver’s license (expired or not) bearing the correct sex;
   3. A passport, green card or other federal record (expired or not) bearing the correct sex of the individual;
   4. Documentation of the individual’s previous alteration of the sex [or “gender,” when used as a synonym for sex] designation on his or her vital, state or federal records;
   5. A clinical test verifying the biological sex of the individual.

IV. Other State Records

Any state record issued by the [state/commonwealth of_____] which bears a designation of sex shall include a designation of the sex recorded at birth and may not be altered except in the cases listed in Section III (A) through (C). Such records include but are not limited to, as applicable under state law:

1. Any driver's license, driver’s permit, or other identifying record;
2. Any health or medical records;
3. Any educational records;
4. Any judicial records;
5. Any criminal records;
6. Any records related to state correctional systems.