SB 59: Change of name or gender and sex identifier.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier, as specified. Existing law requires that either of those petitions, if filed by a person under 18 years of age, and any papers associated with the proceeding, be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minor’s parents, and their attorney.

This bill would expand the above-described confidentiality protections to other petitioners regardless of age. The bill would also expand these protections to court records associated with a proceeding under separate provisions of existing law for a change of name to conform a petitioner’s name to their gender identity. The bill would require the court to limit access to the court records in these proceedings to certain individuals, as specified.

The bill would apply these confidentiality provisions in the case of (1) a petition filed on or after July 1, 2026; (2) a petition filed before July 1, 2026, if the petitioner files a request to keep the records confidential, as specified; or (3) records that were previously made confidential by statute or otherwise. The bill would prohibit a person or private entity, other than the petitioner, from publicly posting one of the above-described confidential records on the internet or otherwise.

The bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this bill, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorney’s fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.

The bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of records, as specified, to, commencing 6 months after the effective date of this bill, bring a civil action against a person or private entity that caused the harm. The bill would require a person or private entity found liable to pay actual damages or statutory damages, punitive damages, and reasonable attorney’s fees and costs, as specified.

The bill would, on or before July 1, 2026, require the Judicial Council, as necessary, to develop forms and rules to implement the bill’s provisions.

Sponsors

Sponsors by party (alphabetical): Democratic 12

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 13, 2025Chaptered by Secretary of State. Chapter 738, Statutes of 2025.
2. October 13, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 13, 2025Assembly amendments concurred in. (Ayes 29. Noes 8. Page 3036.) Ordered to engrossing and enrolling.
5. September 13, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 12, 2025Read third time. Urgency clause adopted. Passed. (Ayes 60. Noes 16. Page 3410.) Ordered to the Senate.
7. September 3, 2025Read second time. Ordered to third reading.
8. September 2, 2025Read second time and amended. Ordered to second reading.
9. August 29, 2025From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 29).
10. August 20, 2025August 20 set for first hearing. Placed on APPR. suspense file.
11. June 18, 2025Read second time and amended. Re-referred to Com. on APPR.
12. June 17, 2025From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 17).