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Can I collect gender information from participants in Colorado? What are the requirements?

Collecting Gender Information in Colorado

Based on the Birth Certificate Modernization Act, Colorado allows for the collection of gender information from participants. However, there are specific requirements that must be met in order to issue a new birth certificate with a gender designation that differs from the sex designated on the person’s original birth certificate [1.1].

To collect gender information from participants in Colorado, the following requirements must be met:

  1. A written request from the person, or from the person’s parent if the person is a minor, or from the person’s guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the sex designated on the person’s original birth certificate.
  2. A statement, in a form or format designated by the state registrar, from the person, or from the person’s parent if the person is a minor, or from the person’s guardian or legal representative, signed under penalty of law, confirming the sex designation on the person’s birth certificate does not align with the person’s gender identity.
  3. If the person is a minor under the age of eighteen, a statement, in a form or format designated by the state registrar, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating the sex designation on the birth certificate does not align with the minor’s gender identity. This subsection (3)(b)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care [1.1].

It is important to note that the state registrar shall not request any additional information or records other than those required by subsection (3) or (4) of this section to process a request to modify a gender designation. The state registrar shall not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business [1.1].

Therefore, as long as the above requirements are met, gender information can be collected from participants in Colorado.

Additional Information

It is important to note that gamete agencies, gamete banks, or fertility clinics that collect gametes from a donor who is unknown to the recipient parent or parents at the time of the donation shall obtain a declaration from the donor agreeing to the identity disclosure described in subsection (2) of this section [2.1].

Additionally, Colorado has a rule that an applicant’s sex designation will be determined by a review of the source documents and the gender identity information provided by the applicant. When an applicant’s source documents all display the same sex designation and are consistent with the applicant’s stated gender identity, that designation will be used for the credential application. When an applicant’s source documents do not all display the same sex designation or are not consistent with the applicant’s stated gender identity, the applicant must choose the designation which accurately reflects the person’s gender identity [4.1].

Finally, gamete agencies, gamete banks, or fertility clinics shall not operate as a gamete agency, gamete bank, or fertility clinic in Colorado, or match or collect gametes from a donor who does not agree to the disclosure of the donor’s identity as set forth in subsection (2) of this section [2.2].

Therefore, to collect gender information from participants in Colorado, the requirements mentioned in the first section must be met. Additionally, gamete agencies, gamete banks, or fertility clinics must obtain a declaration from the donor agreeing to the identity disclosure described in subsection (2) of this section. Finally, an applicant’s sex designation will be determined by a review of the source documents and the gender identity information provided by the applicant.

Source(s):
Jurisdiction

Colorado