HB 1260 - Requires that Birth Certificates and Certain Official Documents Reflect an Individual's Biological Sex - South Dakota Key Vote

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Title: Requires that Birth Certificates and Certain Official Documents Reflect an Individual's Biological Sex

Vote Smart's Synopsis:

Vote to pass a bill that requires that birth certificates and certain official documents reflect an individual's biological sex when applying for state-issued licenses and documents in South Dakota.

Highlights:

  • Requires that birth certificates and certain official documents reflect an individual's biological sex when applying for state-issued licenses and documents in South Dakota (Sec. 1-7).

  • Specifies that date of birth, place of birth, or biological sex listed on a birth certificate and certain official documents may only be amended in the following manners, including (Sec. 7):

    • To correct clerical or data errors identified by the health care facility at which the child was born. The errors may be corrected at any time upon submission by the health care facility of a notarized affidavit, together with supporting documentation;

    • Upon a finding of a court, by clear and convincing evidence, that the information  listed on the birth certificate was factually incorrect at the time it was recorded; or

    • To correct the sex of a child born with a congenital anomaly, if additional testing is required to accurately identify the sex. The sex may be corrected, within one year from the date of birth, upon submission by the child's attending physician of a notarized affidavit, together with supporting documentation, identifying the child's sex as male or female.

  • Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 8).

Title: Requires that Birth Certificates and Certain Official Documents Reflect an Individual's Biological Sex

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