Amended birth certificates will note that the sex designation has been changed

Amended birth certificates will note that the sex designation has been changed

The requirements and process to change the sex designation on a birth certificate, and whether that is even possible, varies from state to state. The information has been compiled from various sources, including standard legal materials and anecdotal accounts of practices in various states. It may not be current, and should be confirmed before being relied upon in any particular circumstance. A local attorney may be aware of recent changes in the law or may have insights to maximize the probability of success in a more expeditious manner. Please consult with an attorney in the relevant state about your particular situation and needs.

Notes: Although the statute does not specify gender marker correction, Alaska Department of Vital Records will amend the gender marker on a birth certificate with a letter from a licensed medical provider.

Text: A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following: . . .

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child’s parent or legal guardian.

Text: (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual’s name has been changed, the certificate of birth of such individual shall be amended accordingly.

Amending the sex designation on a birth certificate may be an extremely important step for a transgender person, to accurately reflect on this legal document the sex with which the individual identifies, and as required proof of sex to obtain other identity and legal documents

California will issue a new birth certificate when an applicant submits to the State Registrar an affidavit that, pursuant to Cal. Health & Safety Code §103430(a), contains the substantially the following “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to confirm my legal gender to my gender identity and is not for any fraudulent purpose.” There is a $23 fee for a new birth certificate, pursuant to Cal. Health & Safety Code 103725.

Text: (4) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual’s name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.

(a) … Only the commissioner end birth certificates to reflect changes concerning parentage or gender change. Amendments related to parentage or gender change shall result in the creation of a replacement certificate that supersedes the original, and shall in no way reveal the original language changed by the amendment. …

See also Conn. Gen. Stat. § 19a-42b (specifying procedure for changing out-of-state birth certificates for Connecticut residents); Conn. Agencies Regs. § 19a-41-9(e) (procedure for changing Connecticut birth certificates).

The Registrar shall establish a new certificate of birth that reflects the new sex upon receipt of an affidavit from a licensed medical or mental health professional stating: “The registrant has undergone surgical, hormonal, psychological or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards.”

D.C. Code Ann. § 7-217 (d) (2013), as amended by JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, D.C. Law 20-37 (effective )

“(a) The Registrar shall establish a new certificate of birth that reflects the new gender designation and, if applicable, the new name of an individual born in the District upon receipt of the following documents:>

“(1) A written request, signed under penalty of law, for a new certificate of birth with a gender designation that differs from the gender designated on the original certificate of birth, from the individual or, if the individual is a minor, the individual’s:

  1. “(A) Parent;
  2. “(B) Guardian; or
  3. “(C) Legal representative;

The following is a list of legal authorities intended to assist with the process of changing the sex on a birth certificate

“(2) A statement, signed under the penalty of law, by a licensed healthcare provider who has treated or evaluated the individual, stating that:

  1. “(A) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or
  2. “(B) The individual has an intersex condition, and that in the healthcare provider’s professional opinion, the individual’s gender designation should be changed; and

“(3) If a change of name listed on the certificate is also being requested, an original or certified copy of an order of a court of competent jurisdiction granting a change of name.

“(b) The Registrar shall establish, upon request, a new certificate of birth reflecting the new gender designation, new name, or name as previously amended, in these additional circumstances:

  1. “When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on (Enrolled version of Bill 20-142), that reflects a previous name change and seeks a change of gender designation;
  2. “ “When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on (Enrolled version of Bill 20-142), that reflects a previous change in gender designation.

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