The bill mandates that death certificates in Colorado accurately reflect a decedent's gender identity. To achieve this, individuals responsible for completing death certificates must record the decedent's sex in alignment with their gender identity. If presented with a document that confirms the decedent's gender identity, such as a driver's license or birth certificate, the certifier is required to use the gender indicated in that document.
In cases where no such documentation is available, the person authorized to manage the decedent's remains can object to the recorded sex before the certificate is filed. Upon objection, the certifier must amend the certificate to reflect the gender identity as reported by this authorized individual.
Additionally, if a gender identity document is submitted to the state's registrar of vital statistics after the death certificate has been filed, the registrar is obligated to issue an amended certificate that reflects the decedent's true gender identity. Failure to comply with these requirements is considered a class 2 misdemeanor under the proposed legislation.
This bill aims to ensure that death certificates honor and accurately represent individuals' gender identities, providing respect and recognition in official records.
Summary
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.
