Calif. bill would allow courts to overrule parents on name, gender identity changes for minors
A California lawmaker has introduced a bill that would allow courts to override parents’ objections to their child changing their name and sex identifier on vital records, such as birth certificates.
AB 1084, introduced by Assemblyman Rick Zbur, D-Beverly Hills, expedites the process for individuals to change their legal documents — birth certificates and marriage licenses — to coincide with their self-declared gender identity. For adults, the bill mandates that courts “shall, without hearing and within two weeks of the petition’s filing, enter an order that the change of name is granted” to conform to their gender identity, eliminating the previous mechanism for objections.
For minors, if all living parents sign the petition, courts must grant the name change within two weeks without a hearing. If not all parents consent, non-signing parents have six weeks to object, but “objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause,” according to a draft of AB 1084.
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The bill also allows individuals to update sex identifiers on birth certificates or marriage licenses without a court order by submitting an affidavit to the state registrar or county clerk, who must issue new documents “within two six weeks.” Additionally, the requirement for petitioners to file court judgments within 30 days is eliminated, and objection periods for certain petitions are shortened from six to two weeks, limiting the window by which parents would be able to object to such moves.
According to AB 1084, the legislation is necessary “in order for transgender and nonbinary [identified] people to obtain accurate identification documents and better protect themselves from increasing discrimination, harassment, and physical violence.”
Parental rights groups, like the California Family Council (CFC), have fiercely opposed AB 1084, calling it “a profound assault on both truth and parental rights.” Since the bill ignores that “sex is not ‘assigned at birth,’ it is observed and recorded,” and cannot be changed by prioritizing gender identity over biological sex, the bill, according to the CFC, compels courts to affirm a “legal fiction” within an expedited two-week timeline.
“AB 1084 is not just another procedural update,” the CFC said in a statement. “It only [...] further legitimize[s] the false idea that sex is a choice, but it’s designed to sideline the very people God has charged with the care and guidance of children: their parents."
According to the group, the most contentious issue is the bill’s impact on parental authority. While AB 1084 requires both living parents to approve a minor’s name and gender change, it allows courts to override objections unless they demonstrate “good cause.” Critically, objections based on a belief in biological sex — such as those grounded in religious convictions — are explicitly disqualified, as the bill states that such concerns “shall not constitute good cause.”
AB1084 violates the U.S. Supreme Court’s recognition of parental rights in cases like Pierce v. Society of Sisters (1925), according to the CFC, which said it “stands firmly opposed to AB 1084 and any law that undermines biological truth and parental authority.”
“We urge the legislature to reject this bill and call on citizens to raise their voices in protest,” the group said. “We are also calling on constitutional lawyers and religious liberty advocates to prepare challenges to this legislation should it pass. It will not stand the test of judicial scrutiny, and it certainly will not stand the test of time.”
The bill is among several supported by LGBT activist groups like Equality California, which states that AB 1084 would act as a countermeasure to the Trump administration’s policies.
“As the Trump administration blocks transgender and nonbinary [-identified] Americans from obtaining accurate U.S. passports and other federal IDs, AB 1084 ensures swift access to accurate state IDs in California without unnecessary barriers or delays,” said spokesperson Jorge Reyes Salinas in a statement. “Correct IDs are crucial for daily life, including healthcare, employment, housing, and travel, while significantly reducing the risk of discrimination and harassment.”
AB 1084 is in the Assembly Appropriations Committee. It’s unclear if or when a vote will be held to advance the bill to the full Assembly.
