A new bill introduced in the Colorado General Assembly seeks to ensure that a decedent’s gender identity is accurately reflected on their death certificate and offers penalties for those who dont comply.
House Bill 25-1109, sponsored by Representatives McCormick and Brown and Senator Weissman, would require individuals completing death certificates to record the decedent’s sex in accordance with their gender identity, as indicated by legal documents or other evidence.
The bill, introduced during the First Regular Session of the Seventy-fifth General Assembly, aims to address the challenges faced by transgender and nonbinary individuals whose identities may not align with their ‘sex assigned at birth.’
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Under the proposed legislation, a decedent’s gender identity would be designated as male, female, or “X,” a nonbinary option.
The bill outlines several key provisions to ensure that a decedent’s gender identity is accurately recorded:
Gender Identity Documentation: If a document memorializing the decedent’s gender identity is presented, such as a court order, health-care directive, driver’s license, passport, or proof of clinical treatment for gender transition, the individual completing the death certificate must record the decedent’s sex to reflect the gender identity indicated in the document. In cases where multiple documents conflict, the most recent document prevails.
Objections from Next of Kin: If no gender identity document is presented, and the individual or majority of individuals with the right to control the disposition of the decedent’s remains objects to the recorded sex, the death certificate must reflect the gender identity reported by those individuals.
Amended Certificates of Death: If a gender identity document is presented to the state registrar after a death certificate has been filed, the registrar must issue an amended certificate of death to reflect the decedent’s gender identity. The amended certificate will not be marked as altered, ensuring it serves as the official public record.
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Legal Name Changes: If appropriate documentation is submitted, the state registrar must also amend the death certificate to reflect a legal name change made before or simultaneously with the gender identity change.
Court Orders: Individuals with the right to control the disposition of remains may file a claim in court to amend the sex recorded on a death certificate if disputes arise.
Penalties for Noncompliance: Individuals who knowingly and willfully fail to comply with the bill’s requirements could face a class 2 misdemeanor charge.
The bill is currently under review by the House Health & Human Services Committee. If passed, it would take effect immediately upon the governor’s signature, with the safety clause stating that the act is necessary for the “immediate preservation of the public peace, health, or safety.”
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