South Carolina 2025-2026 Regular Session Status: In Committee

H 5207 — Birth Certificates

Last action — Referred to Committee on Medical, Military, Public and Municipal Affairs

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced February 18, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 20% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-100, RELATING TO COURT ORDERED CHANGES TO BIRTH CERTIFICATES, SO AS TO CHANGE THE TERM "GENDER" TO "SEX"; BY ADDING SECTION 44-63-95 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC HEALTH FROM CHANGING AN INDIVIDUAL'S SEX IN THE SEX FIELD OF THE BIRTH CERTIFICATE, WITH EXCEPTIONS; AND BY AMENDING SECTION 59-1-500, RELATING TO BIRTH CERTIFICATES OF STUDENTS ON SCHOOL SPORTS TEAMS, SO AS TO MAKE CONFORMING CHANGES.

Bill Text

What changed in the latest version

86 added · 9 removed

Plain-language change summary

In the updated version of Bill H 5207, the term "gender" was changed to "sex" in relation to birth certificates. Additionally, a new section was added that prevents the Department of Public Health from altering an individual's sex on their birth certificate, with certain exceptions. These changes are significant because they standardize the language used in legal documents and set clear limitations on how birth certificates can be altered, impacting individuals seeking to change their official records.

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2025-2026 Bill 5207 Text of Previous Version (Feb.
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18, 2026) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 5207Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-100, RELATING TO COURT ORDERED CHANGES TO BIRTH CERTIFICATES, SO AS TO CHANGE THE TERM "GENDER" TO "SEX";
BY ADDING SECTION 44-63-95 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC HEALTH FROM CHANGING AN INDIVIDUAL'S SEX IN THE SEX FIELD OF THE BIRTH CERTIFICATE, WITH EXCEPTIONS;
AND BY AMENDING SECTION 59-1-500, RELATING TO BIRTH CERTIFICATES OF STUDENTS ON SCHOOL SPORTS TEAMS, SO AS TO MAKE CONFORMING CHANGES.
  Be it enacted by the General Assembly of the State of South Carolina:
  SECTION 1.  Section 44-63-100 (A) and (D) of the S.C.
Code is amended to read:
      (A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gendersex at birth, gendersex changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order.
      (D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gendersex at birth, gendersex changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary.
The order also must include a description of the evidence presented to the court.
The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.
  SECTION 2.  Chapter 63, Title 44 of the S.C.
Code is amended by adding:
      Section 44-63-95.  (A) For the purposes of this section:
       (1) "Disorder of sexual development" means a congenital condition involving atypical development of sex chromosomes, gonads, internal genital ducts, or external genitalia, including disorders of sex hormone synthesis or action.
The term "disorder of sex development" does not include psychological or behavioral conditions, nor typical male or female sex development with distress regarding sexed anatomy.
       (2) "Female" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
       (3) "Male" means an individual who has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.
       (4) "Sex" means an individual's biological sex, either male or female.
(B)(1) The Department of Public Health may not change an individual's sex in the sex field on the individual's birth certificate unless the individual petitions the department to make a change to correct a clerical error in recording the individual's sex on the individual's birth certificate or to correct a misclassification of an infant's sex at birth due to a medically verified disorder of sex development.
       (2) A petition to change an individual's sex on the individual's birth certificate due to a misclassification of an infant's sex at birth due to a medically verified disorder of sex development must be accompanied by:
           (a) a sworn affidavit from the petitioner's physician attesting to the objective medical evidence establishing the petitioner's medically verified disorder of sexual development;
and            (b) all medical evidence relied upon by the physician to support the diagnosis of a medically verified disorder of sexual development.
  SECTION 3.  Section 59-1-500(A) of the S.C.
Code is amended to read:
      (A) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.
However, if a student changes the sex on the student's birth certificate pursuant to Section 44-63-95 because of a clerical error in recording the student's sex on the student's birth certificate or to correct a misclassification of an infant's sex at birth due to a medically verified disorder of sex development, then the sex on the student's birth certificate reflecting the change is considered to have correctly stated the student's biological sex at birth.
  SECTION 4.  This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on February 18, 2026 at 01:12 PM
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Action History

  1. Referred to Committee on Medical, Military, Public and Municipal Affairs

  2. Introduced and read first time

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 166 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (166)

166 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights education
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Frequently asked questions

What does H 5207 do?
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-100, RELATING TO COURT ORDERED CHANGES TO BIRTH CERTIFICATES, SO AS TO CHANGE THE TERM "GENDER" TO "SEX"; BY ADDING SECTION 44-63-95 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC HEALTH FROM CHANGING AN INDIVIDUAL'S SEX IN THE SEX FIELD OF THE BIRTH CERTIFICATE, WITH EXCEPTIONS; AND BY AMENDING SECTION 59-1-500, RELATING TO BIRTH CERTIFICATES OF STUDENTS ON SCHOOL SPORTS TEAMS, SO AS TO MAKE CONFORMING CHANGES.
Who sponsors H 5207?
H 5207 is sponsored by Representative Harriet A. Holman, Representative Cody T. Mitchell, Representative Heath Sessions, and Representative Brandon L. Cox.
What is the current status of H 5207?
This bill is in committee in the House. Introduced February 18, 2026. It must pass committee before a floor vote.
Where can I track H 5207?
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