§ 4138. Birth certificate; new certificate in case of subsequent\nmarriage of unwed parents; adoption; adjudication of parentage; change\nof name of registrant or parent; gender transition of registrant or\nparent. 1. A new certificate of birth shall be made whenever:\n (a) proof is submitted to the commissioner that the previously unwed\nparents of a person have intermarried subsequent to the birth of such\nperson; or,\n (b) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk of a court of competent jurisdiction\nor the parents, or their attorneys, or the person himself, of a\njudgment, order or decree relating to the parentage; or,\n (c) notification is received by, or proper proof is submitted to, the\ncommissioner from or by the clerk as aforesaid of a judgment, order or\ndecree relating to the adoption of such person. Such judgment, order or\ndecree shall also be sufficient authority to make a new birth\ncertificate with conforming change in the name of such person on the\nbirth certificate of any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n (d) proper proof is submitted to the commissioner by the parents, or\ntheir attorneys, or the person himself or his attorney, of a judgment,\norder or decree relating to a change of name granted by a court of\ncompetent jurisdiction. Such judgment, order or decree shall also be\nsufficient authority to make a new birth certificate with conforming\nchange in surname for any of such person's children under the age of\neighteen years whose record of birth is on file in the state health\ndepartment; or,\n (e) the certificate of birth of a child born out of wedlock as defined\nin paragraph (b) of subdivision one of section four thousand one hundred\nthirty-five of this article has been filed without entry of the name of\nthe signatory other than the person who gave birth and the commissioner\nthereafter receives the acknowledgment of parentage pursuant to section\none hundred eleven-k of the social services law or section four thousand\none hundred thirty-five-b of this article executed by the person who\ngave birth and the other signatory which authorizes the entry of the\nname of such other signatory, and which may also authorize a conforming\nchange in the surname of the child; or\n (f) any person born in New York state who submits an application to\nchange the gender on the birth certificate and an affidavit attesting\nunder penalty of perjury that the request for a change of gender to\n(female, male, or X) is to conform the person's documents and records to\nthe person's gender identity and is not made for any fraudulent purpose.\nA sex designation of X shall not be a required sex designation of any\nindividual. Upon receipt of the documentation, the commissioner shall\nestablish a new birth certificate reflecting the gender stated in the\napplication and any change in name, if accompanied by a court order for\na change of name. If such application is made on behalf of a person\nyounger than seventeen, such affidavit shall be signed by the person's\nparent, legal guardian, mental health or medical provider, or social\nservices provider.\n 2. (a) On every new certificate of birth made pursuant to this\nsection, a notation that it is filed pursuant to section four thousand\none hundred thirty-eight of the public health law shall be entered\nthereon. Notwithstanding other provisions of this article, when a child\nis adopted by an unmarried man or woman, the new certificate shall, if\nthe adopting parent so requests, reflect the fact that it is a single\nparent adoption.\n (b) Notwithstanding other provisions of this article, when a petition\nfor adoption by two persons has been duly filed, and one of the\npetitioners dies before the adoption is complete, such deceased\npetitioner's name shall be included on the new certificate as a parent,\nif su
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