Massachusetts has a sudden secret policy for rejecting sex marker changes for trans minors

UPDATE December 24: Victory! 

Several of the senators and representatives I contacted who cosponsored the initial bill met with DPH regarding their "policy" of not following the law as passed. DPH has now amended their website and affidavit to make it clear that only one parent signature is required. Families who previously received rejections are now receiving e-mails that their amendments will be processed promptly. 

Original post:

As anyone who is paying attention should know, trans folks are being urged to get all of their paperwork correct and matching before the incoming administration. However, families I work with are having one hell of a time getting amended birth certificates for trans minors in Massachusetts. 

Here is the information on how to request an amendment to a birth certificate, from the Registry of Vital Records and Statistics. The website states "A parent or guardian must complete this form if the record change is for a minor."

The affidavit itself is here.

Screenshot of part of the affidavit, showing one line for signature of parent/guardian

Note that it has one line for the signature of one parent/guardian, and it requests the name and signature of parent/guardian in the singular.

The relevant Massachusetts General Law is here, and states:

(1) A person who is 18 years of age or older, an emancipated minor or the parent or guardian of a person who is a minor may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X”. An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates or by the parent or guardian of the person if the person is a minor attesting that the request is to conform the person’s birth record to the person’s gender identity and is not made for any fraudulent purpose. No medical or healthcare related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.

Nowhere, anywhere, does any of this state that both parents must sign the affidavit if the minor has two legal parents. For the record, I don't care if they did require that if it were how the law were passed; it actually makes sense. However, they don't state anywhere that it is required, or even suggested, and it appears to have been done suddenly, and secretly, and really appears to coincide with the recent passage of the law that allows amendment without requiring any medical documentation.

So what is happening in practice is that the Registry of Vital Records and Statistics is rejecting these affidavits and sending a letter stating the form must be signed by both parents. When the law is cited to the amendments supervisor, the supervisor states that yes, the law only requires one signature, but the Registry of Vital Records and Statistics legal department has decided to have a policy that requires both signatures. Also, they don't post their policies on their website, and instead just reject amendments from parents of trans kids.

Oh, and the Registry of Vital Records and Statistics will not allow the form to be resubmitted by e-mail, and will not pay for printing or postage for the resubmission. They are in the process of redoing their form, but for now, they expect families to be psychic and know that they need to provide something that is listed nowhere on their documents. I attempted to correspond with a supervisor there, who wouldn't acknowledge that this is a sudden secret policy that is not stated anywhere whatsoever:

Screenshot of e-mail from Christina Bocolos, Amendments Supervisor, stating, "I do recognize in the law it says one parent but policy request both parents. Is there a reason why the other parent cannot sign?"

Screenshot of e-mail from Christina Bocolos, Amendments Supervisor, stating, "With any amendment for children, we ask for both parents to sign off on an amendment. Our policies are not always posted on our website. The form was designed to go with the law but after further discussions with legal on the need for the second signature, we are getting the form changed to ask for both parents to sign. I understand the inconvenience, but this is what is required for the amendment."

I cannot post the other e-mails as they contain private information about people, but the supervisor states they do not pay for printing or postage and states that many forms are filled out "incorrectly" and have to be redone. 

I have had a lot of jobs in public health and state-contracted agencies, though none employed directly by the state. At all of these, if I failed to get something signed or filled out correctly because I did not adequately explain the policy to a family, I would be required to travel to the family immediately and get the form correctly filled out and signed. I would absolutely not be required to make a family pay for printing and postage due to my own error. What is with these state agencies just being allowed to do whatever they want? It's already ridiculous that it costs $82 for a correct birth certificate for a trans child to be safe, with no provision for a reduced fee for families receiving public assistance. The supervisor with whom I corresponded did not address any of this, just repeatedly stating that this was their policy, and also repeatedly referring to forms "that were not filled out correctly."

I cannot find anything addressing this in the guidance about changing documents from Massachusetts Transgender Political Coalition, Fenway Health, GLAD, or any other sources. I would urge all of these folks to publicize this widely so that no one else receives rejections and is unable to get their birth certificate before the inauguration. 

UPDATE 

December 17 11:39am: After posting this on social media, I have been contacted by a few attorneys with organizations specializing in public policy and discrimination issues. They have verified that they also believe I am interpreting the law correctly, and that they believe it is illegal for a state agency to have a policy that goes beyond the law. Advocacy is underway, though anyone who has additional expertise or suggestions is very much welcome to contact me as well and I can get you connected with the group of us working on this. 

December 19 2:27pm: We have some legislators meeting with DPH. Fenway and MTPC are updating their information to let people know this is happening so they can make an informed decision whether to comply with being asked for information beyond what the law requires in order to not risk having their amendment rejected.