§ 4138. Birth certificate; new certificate in case of subsequent
marriage of unwed parents; adoption; adjudication of parentage; change
of name of registrant or parent; gender transition of registrant or
parent. 1. A new certificate of birth shall be made whenever:

(a) proof is submitted to the commissioner that the previously unwed
parents of a person have intermarried subsequent to the birth of such
person; or,

(b) notification is received by, or proper proof is submitted to, the
commissioner from or by the clerk of a court of competent jurisdiction
or the parents, or their attorneys, or the person himself, of a
judgment, order or decree relating to the parentage; or,

(c) notification is received by, or proper proof is submitted to, the
commissioner from or by the clerk as aforesaid of a judgment, order or
decree relating to the adoption of such person. Such judgment, order or
decree shall also be sufficient authority to make a new birth
certificate with conforming change in the name of such person on the
birth certificate of any of such person's children under the age of
eighteen years whose record of birth is on file in the state health
department; or,

(d) proper proof is submitted to the commissioner by the parents, or
their attorneys, or the person himself or his attorney, of a judgment,
order or decree relating to a change of name granted by a court of
competent jurisdiction. Such judgment, order or decree shall also be
sufficient authority to make a new birth certificate with conforming
change in surname for any of such person's children under the age of
eighteen years whose record of birth is on file in the state health
department; or,

(e) the certificate of birth of a child born out of wedlock as defined
in paragraph (b) of subdivision one of section four thousand one hundred
thirty-five of this article has been filed without entry of the name of
the signatory other than the person who gave birth and the commissioner
thereafter receives the acknowledgment of parentage pursuant to section
one hundred eleven-k of the social services law or section four thousand
one hundred thirty-five-b of this article executed by the person who
gave birth and the other signatory which authorizes the entry of the
name of such other signatory, and which may also authorize a conforming
change in the surname of the child; or

(f) any person born in New York state who submits an application to
change the gender on the birth certificate and an affidavit attesting
under penalty of perjury that the request for a change of gender to
(female, male, or X) is to conform the person's documents and records to
the person's gender identity and is not made for any fraudulent purpose.
A sex designation of X shall not be a required sex designation of any
individual. Upon receipt of the documentation, the commissioner shall
establish a new birth certificate reflecting the gender stated in the
application and any change in name, if accompanied by a court order for
a change of name. If such application is made on behalf of a person
younger than seventeen, such affidavit shall be signed by the person's
parent, legal guardian, mental health or medical provider, or social
services provider.

2. (a) On every new certificate of birth made pursuant to this
section, a notation that it is filed pursuant to section four thousand
one hundred thirty-eight of the public health law shall be entered
thereon. Notwithstanding other provisions of this article, when a child
is adopted by an unmarried man or woman, the new certificate shall, if
the adopting parent so requests, reflect the fact that it is a single
parent adoption.

(b) Notwithstanding other provisions of this article, when a petition
for adoption by two persons has been duly filed, and one of the
petitioners dies before the adoption is complete, such deceased
petitioner's name shall be included on the new certificate as a parent,
if such adoption is completed, unless otherwise requested by the other
petitioner.

(c) If the original certificate of birth contains fictitious names of
either or both parents, a new certificate shall not be prepared until
notification is received by, or proper proof is submitted to, the
commissioner by the clerk of a court of competent jurisdiction or the
parents or their attorney, or the person himself, or his attorney, of a
judgment, order or decree relating to parentage.

3. (a) When a new certificate of birth is made the commissioner shall
substitute such new certificate for the certificate of birth then on
file, if any, and shall send the registrar of the district in which the
birth occurred a copy of the new certificate of birth. The registrar
shall make a copy of the new certificate for the local record and hold
the contents of the original local record confidential along with all
papers and copies pertaining thereto. It shall not be released or
otherwise divulged except by order of a court of competent jurisdiction
or pursuant to section four thousand one hundred thirty-eight-e of this
title.

(b) Thereafter, when a verified transcript or certification of birth
of such person is issued by the registrar, it shall be based upon the
new certificate, except when an order of a court of competent
jurisdiction shall require the issuance of a verified transcript or
certification based upon the original local record of birth or
application is made pursuant to section four thousand one hundred
thirty-eight-e of this title.

4. The commissioner may make a microfilm or other suitable copy of the
original certificate of birth and all papers pertaining to the new
certificate of birth. In such event, the original certificate and papers
may be destroyed. All undestroyed certificates and papers and copies
thereof shall be confidential and the contents thereof shall not be
released or otherwise divulged except by order of a court of competent
jurisdiction or pursuant to section forty-one hundred thirty-eight-c,
forty-one hundred thirty-eight-d or forty-one hundred thirty-eight-e of
this title.

5. Thereafter, when a certified copy or certified transcript of the
certificate of birth of such a person, or a certification of birth for
such person is issued, it shall be based upon the new certificate of
birth, except when an order of a court of competent jurisdiction shall
require the issuance of a copy of the original certificate of birth or
application is made pursuant to section four thousand one hundred
thirty-eight-e of this title.

6. When the commissioner shall receive proper proof or notification
pursuant to paragraphs (a), (b), or (c) of subdivision one of this
section relating to a person born outside this state, such proof or
notification shall be forwarded to the appropriate registration
authority for the place of birth.

7. Whenever the commissioner makes a new birth certificate for any
person pursuant to the provisions of subdivision one of this section, he
shall forward to such person, if eighteen years of age or more, or to
the parents of such person, a certified copy, a certified transcript or
a certification of birth, whichever he deems appropriate under the
circumstances, without making any charge therefor.

8. An adopted person eighteen years of age or older, or the birth
parent or parents, may submit to the registrar a notice of change of
name and/or address and such information shall be attached to the
original birth certificate of the adopted person.