HB1368, the Birth Certificate Modernization Act, changes Maryland law governing how birth certificates, driver’s licenses, identification cards, and moped permits reflect sex designation. For birth certificates, the bill removes the current requirement that a licensed health care practitioner certify that an individual has undergone treatment appropriate for sex transition or has an intersex condition before a new birth certificate may be issued with a different sex designation. Instead, it allows the individual, or a parent/guardian/legal representative for a minor or disabled person under guardianship, to request a new certificate under penalty of perjury, or to rely on a court order. The bill also directs the Secretary of Health to allow a sex designation of female, male, or unspecified/another, with an “X” shown on the certificate when unspecified or another is selected.
The bill also makes related changes to the rules for new birth certificates in parentage, adoption, and foreign birth contexts. It updates language to be more gender-neutral, clarifies how parent names are carried forward on new certificates, and preserves the confidentiality of original records by sealing them unless disclosure is authorized by court order or other law. In addition, it amends Transportation Article provisions so that applicants for a driver’s license, identification card, or moped operator’s permit may select female, male, or unspecified/another, and the Motor Vehicle Administration must display an “X” for the unspecified/another option.
The bill’s impact on state law is primarily to broaden and modernize the options for sex designation on vital records and state-issued identification, while reducing the role of medical documentation in the birth-certificate correction process. It affects the Department of Health, local courts and clerks, the Motor Vehicle Administration, and individuals seeking amended birth records or identification documents, including transgender, nonbinary, and intersex Marylanders, as well as parents and adopted persons in related record-keeping processes. The bill takes effect October 1, 2025.
Because no committee transcript or vote history was provided, there is no recorded discussion or roll-call evidence here to show support or opposition. Based on the bill text alone, the measure appears to be framed as a modernization and administrative update, with an emphasis on privacy and self-attestation, but it also changes a sensitive area of law that can generate policy debate over medical verification, court involvement, and the use of an “X” sex marker on official documents.
Notable points of contention likely center on the removal of the health-care-practitioner certification requirement, the use of a written request under penalty of perjury, and the expansion of nonbinary sex markers on birth certificates and state IDs. Supporters would likely view these changes as improving access, accuracy, and privacy for affected individuals, while critics may focus on the reduced medical gatekeeping and the legal/administrative implications of changing sex designation procedures.
HB1368 amends the Health-General and Transportation Articles of the Annotated Code of Maryland. It revises § 4-211 to change the process for issuing new birth certificates, including sex designation changes, parent-name updates, adoption-related records, sealing rules, and foreign birth certificates, and it amends § 12-305 to allow an “X” sex marker on driver’s licenses, identification cards, and moped operator’s permits. The bill would affect the Secretary of Health, the Department of Health, court clerks, the Motor Vehicle Administration, and individuals seeking updated vital records or identification documents.
No committee testimony or vote data was provided, so there is no documented public sentiment in the supplied materials. From the bill text, the measure appears generally supportive of modernization, privacy, and expanded self-identification options, especially for people seeking nonbinary or updated sex designations on official records. At the same time, the subject matter is likely to draw mixed reactions because it changes long-standing documentation rules and removes medical certification from the birth-certificate sex designation process.
The main points of contention are the bill’s replacement of medical verification with a sworn written request, the authorization of a sex designation of “unspecified or another” with an “X” marker, and the broader policy question of whether sex designation changes should be based on self-attestation, court orders, or health-care documentation. Another likely area of debate is the confidentiality and reissuance of birth records, including how much historical information should remain visible on new certificates. Supporters are likely to emphasize privacy, administrative simplicity, and inclusion; opponents are likely to focus on verification standards and the legal significance of sex markers on identity documents.