H930: Birth Certificate Information. Latest Version

Session: 2021 - 2022

House
Passed 1st Reading



AN ACT amending birth registration laws.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 4 of Chapter 130A of the General Statutes is amended by adding a new section to read:

§ 130A‑101.1.  Self‑identification of race.

(a)        A parent may self‑identify the race of the child. The following guidelines shall control self‑identification under this section:

(1)        If both parents' names are entered on the child's birth certificate pursuant to G.S. 130A‑101, self‑identification of race requires the agreement of both parents.

(2)        If only one parent's name is entered on the child's birth certificate pursuant to G.S. 130A‑101, the parent named on the birth certificate may self‑identify the child's race.

(3)        Notwithstanding any prior self‑identification, the child's race shall be entered on the certificate as directed by the adoptive parent of the child, if there is not more than one adoptive parent. If there is more than one adoptive parent of the child, then the race of the child shall be entered only as agreed upon by both adoptive parents.

(4)        Notwithstanding any other self‑identification, the child's race shall be entered on the certificate as directed by that child, provided the child has reached the age of majority.

(b)        This section only applies to the birth certificates of children born on or after October 1, 2022. This section does not prohibit the State Registrar or a local registrar from entering on a birth certificate any information required by G.S. 130A‑102.

SECTION 2.  G.S. 130A‑102 reads as rewritten:

§ 130A‑102.  Contents of birth certificate.

The certificate of birth shall contain those items recommended by the federal agency responsible for national vital statistics, except as amended or changed by the State Registrar. Medical information contained in a birth certificate shall not be public records open to inspection. The race of a child self‑identified pursuant to G.S. 130A‑101.1 shall be entered on the certificate of birth.

SECTION 3.  G.S. 130A‑118 reads as rewritten:

§ 130A‑118.  Amendment of birth and death certificates.



(b)        A new certificate of birth shall be made by the State Registrar when:



(5)        Requested by a parent or child authorized to self‑identify a child's race on a birth certificate pursuant to G.S. 130A‑101.1.

….

SECTION 4.  There is appropriated from the General Fund to the Department of Health and Human Services, Division of Public Health, the sum of eighty‑seven thousand dollars ($87,000) in nonrecurring funds for the 2021‑2023 fiscal biennium. The funds shall be allocated to the State Registrar of Vital Records to implement the provisions of this act.

SECTION 5.  This act is effective when it becomes law.