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. 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 following is a list of legal authorities intended to assist with the process of changing the sex on a birth certificate. 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.
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Statute: Ala. Code § 22-9A-19(d) (2004).
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 the name of the individual has been changed, the certificate of birth of the individual shall be amended as prescribed by rules to reflect the changes.
Notes: Amended birth certificates will note that the sex designation has been changed.
Summary: Alabama will issue a birth certificate reflecting the proper sex.
Statute: Statute: Alaska Stat. § 18.50.290 (through 27th Leg Sess 2012).
Text: (c) Upon receipt of a certified copy of a court order changing the name of a person born in the state or a person born outside the United States whose adoptive parents are residents of the state at the time of the adoption and upon request of the person or the person's parent, guardian, or legal representative, the state registrar shall amend the certificate of birth to reflect the new name.
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. Amended birth certificates will note that the sex designation has been changed.
Summary: Alaska will issue a birth certificate reflecting the proper sex.
Statute: Ariz. Rev. Stat. § 36-337 (A)(3) (2006).
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.
(b) A written statement by a physician that verifies the sex change operation or chromosomal count.
Summary: Arizona will issue a birth certificate reflecting the proper sex.
Statute: Ark. Code Ann. § 20-18-307(d) (2005).
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.
Summary: Arkansas will issue a birth certificate reflecting the proper sex.
CaliforniaStatute: Cal. Health & Safety Code § 103426 (2018).
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.
Summary: California will issue a birth certificate reflecting the proper sex.
Statute: Colo. Rev. Stat. § 25-2-115(4) (2006).
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.
Summary: Colorado will issue a birth certificate reflecting the proper sex.
ConnecticutStatute: Conn. Gen. Stat. § 19a-42 (2003).
(a) … Only the commissioner may amend 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).
Summary: Connecticut will issue a birth certificate reflecting the proper sex.
16 Del. Admin. Code 4205 § 10.7 (2017).
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."
Summary: Delaware will issue a birth certificate reflecting the proper sex.
District of ColumbiaD.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 Nov. 5, 2013)
Text: “Sec. 11a. New certificates of birth for change of gender designation.
“(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:
“(2) A statement, signed under the penalty of law, by a licensed healthcare provider who has treated or evaluated the individual, stating that:
“(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:
(d) Section 18(d) (D.C. Official Code § 7-217(d)) is repealed.
Summary: The District of Columbia will issue a birth certificate reflecting the proper sex.
Statute: Fla. Stat. Ann. § 382.016 (2006)
Administrative Code: Fla. Admin. Code Ann. r. 64V-1.003(1)(f) (2006)
Florida Office of Vital Statistics policy allows for the change of sex designation on birth certificates upon the provision of: a completed Application for Amended Birth Certificate and notarized Affidavit of Amendment to Certificate of Live Birth; a certified copy of a court order of name change; a sworn affidavit from the physician who performed sex reassignment surgery, containing the medical license number, stating that you have completed sex reassignment in accordance with appropriate medical procedures and that you are now considered to be a member of the reassigned gender; and the required fee.
Summary: Florida will issue a birth certificate reflecting the proper sex.
Statute: Ga. Code Ann. § 31-10-23(e) (2005).
Text: (e) Upon receipt of a certified copy of a court order indicating 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.
Summary: Georgia will issue a birth certificate reflecting the proper sex.
Statute: Haw. Rev. Stat. Ann. § 338-17.7(a)(4)(B) Hawaii Revised Statutes (HRS), as amended by Act 226 (July 2015).
Text: To request a new birth certificate with a sex designation change:
*Please provide a current certified copy of your birth certificate to physician.
Note: If the requestor is seeking a name change to be reflected in the new certificate of birth, the requestor shall submit appropriate documentation evidencing a legal name change was completed prior to the establishment of the new birth certificate. If a legal name change is completed subsequent to the establishment of a new birth certificate, the new birth certificate will have to be amended separately in accordance with name change procedures.
Summary: Hawai'i will issue a birth certificate reflecting the proper sex.
Statute: Idaho Code § 39-250 (2005).
Administrative Code: Idaho Admin. Code § 16.02.08.201 (2006).
Notes: As of April 6, 2018, people who were born in Idaho can apply to change the indicator of sex on their birth certificate to match their gender identity. Medical documentation is not required to change the sex; however, a court order granting name change is required to change the name of the person listed as the child on the birth certificate. After a valid application isreceived and reviewed, the Idaho Bureau of Vital Records and Health Statistics will create a replacement birth certificate. The new certificate will not show that the gender or name has been changed. The original birth certificate will be placed in a sealed file that can only be opened by an Idaho court order.
Summary: Idaho will issue a birth certificate reflecting the proper sex. This policy changed on April 6, 2018 after a court ordered Idaho to issue accurate birth certificates. Instructions and forms are linked on this webpage: http://healthandwelfare.idaho.gov/Health/VitalRecordsandHealthStatistics/Legal/tabid/1507/Default.aspx
Public Act 100-0360 (2018).
Statute: 410 Ill. Comp. Stat. 535/17(1)(d).
Text: (1) For a person born in this State, the State Registrar of Vital Records shall establish a new certificate of birth when he receives any of the following.
(d) A declaration by a licensed health care professional or licensed mental health professional who has treated or evaluated a person stating that the person has undergone treatment that is clinically appropriate for that individual for the purpose of gender transition, based on contemporary medical standards, or that the individual has an intersex condition.
Summary: Illinois will issue a birth certificate reflecting the proper sex.
Statute: Ind. Code Ann. § 16-37-2-10(b) (2006)
Notes: Indiana has a general statute providing for the change of information on birth certificates. The Vital Statistics Division will issue an amended birth certificate upon showing of a court order.
Summary: Indiana will issue a birth certificate reflecting the proper sex.
Statute: Iowa Code Ann. § 144.23(3) (2004).
Text: The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following:
3. A notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed. The state registrar may make a further investigation or require further information necessary to determine whether a sex change has occurred.
Notes: Iowa will issue a new birth certificate when the state registrar receives a notarized affidavit by a “licensed physician and surgeon” or an “osteopathic physician and surgeon.” The affidavit should include that the applicant’s sex designation changed either as a result of surgery or as a result of other clinical treatment. Surgery is not mandatory for a new birth certificate, and the affidavit may instead describe other appropriate clinical treatment.
Summary: Iowa will issue a birth certificate reflecting the proper sex.
Statute: K.S.A. § 65-2422c (2009).
Text: Minor correction of records. The secretary may by regulation prescribe procedures for making minor corrections to certificates or records.
Administrative Code: K.A.R. § 28-17-20 (b)(1)(A)(i) (2009).
Text: (i) The items recording the registrant's sex may be amended if the amendment is substantiated with the applicant's affidavit that the sex was incorrectly recorded or with a medical certificate substantiating that a physiological or anatomical change occurred.
Controlling case law: In re Estate of Gardiner, 29 Kan. App. 2dn 92 (2001). (interpreting K.S.A. § 65-2422c as only permitting “minor changes” to birth certificates and stating that this does not encompass correction of sex on birth certificates of individuals who have changed their sex by surgical procedure thus invalidating K.A.R. § 28-17-20 (b)(1)(A)(i)).
Summary: Kansas will not issue a birth certificate reflecting the correct sex.
Statute: Ky. Rev. Stat. Ann. § 213.121(5) (2005).
Text: (5) Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change.
Summary: Kentucky will issue a birth certificate reflecting the proper sex.
Statute: La. Rev. Stat. Ann. § 40:62 (2006).
Text: (A) Any person born in Louisiana who has sustained sex reassignment or corrective surgery which has changed the anatomical structure of the sex of the individual to that of a sex other than that which appears on the original birth certificate of the individual, may petition a court of competent jurisdiction as provided in this Section to obtain a new certificate of birth.
Summary: Louisiana will issue a birth certificate reflecting the proper sex.
Statute: Me. Rev. Stat. Ann. tit 22, § 2705 (2005).
Text: 1. Amended certificate. A certificate that has been altered or amended after its filing must be marked "amended," and the date on which the certificate or record was amended and a summary description of the evidence submitted in support of the correction must be endorsed on the record or permanently attached to it. Any certified copies of certificates or records amended under this section must be marked "amended." Notwithstanding this subsection, administrative correction of clerical errors within one year after the date of filing does not cause the certificate or record to be considered altered or amended.
Notes: The Office of Vital Records will issue an amended birth certificate upon the order of the local probate court and the payment of a fee. Applicants must submit to the court an Application for Correction and a letter from the treating physician verifying that the surgery/treatment has been "completed." The Office of Vital Records may issue a new certificate with no indication of the changes made.
Summary: Maine will issue a birth certificate reflecting the proper sex.
Statute: Md. Code Ann, [Health - Gen.] § 4-211 (2015).
Text: (b) Except as provided in subsection (d) of this section the Secretary shall make a new certificate of birth for an individual if the Department receives satisfactory proof that: (2)(i) A licensed health care practitioner who has treated or evaluated the individual has determined that the individual’s sex designation should be changed because the individual has undergone treatment appropriate for the purse of sex transition or has been diagnosed with an intersex condition.
Summary: Maryland will issue a birth certificate reflecting the proper sex.
MassachusettsStatute: Mass Gen. Laws Ann. ch. 46, § 13(e) (2015).
Text: (e) If a person has completed sex reassignment surgery, so-called, and has had his name legally changed by a court of competent jurisdiction, the birth record of said person shall be amended to reflect the newly acquired sex and name, provided that an affidavit is received by the town clerk, executed by the person to whom the record relates, and accompanied by a physician's notarized statement that the person named on the birth record has completed sex reassignment surgery, so-called, and is not of the sex recorded on said record. Said affidavit shall also be accompanied by a certified copy of the legal change of name aforementioned above.
(e)(1) If a person has completed medical intervention for the purpose of permanent sex reassignment, the birth record of that person shall be amended to permanently and accurately reflect the reassigned sex if the following documents have been received by the state registrar or town clerk: (i) an affidavit executed by the person to whom the record relates to or the parent or guardian if such person is a minor indicating the individual’s sex; and (ii) a physician’s notarized statement that the person has completed medical intervention, appropriate for the individual, for the purpose of permanent sex reassignment and is not of the sex recorded on the record.
Summary: Massachusetts will issue a birth certificate reflecting the proper sex.
Statute: Mich. Comp. Laws Ann. § 333.2831(c) (2006).
Text: (c) A request that a new certificate be established to show a sex designation other than that designated at birth. The request shall be accompanied by an affidavit of a physician certifying that sex-reassignment surgery has been performed.
Summary: Michigan will issue a birth certificate reflecting the proper sex.
Statute: Minn. Stat. Ann. § 144.218 (2006)
Administrative Code: Minn. Rules 4601.1100 (2006)
Notes: The Minnesota Department of Health requires either a medical certification of appropriate clinical treatment for gender transition in the form of an original letter from a licensed physician or a certified copy of a court order that specifically directs amendment of the person’s sex on the birth record.
Summary: Minnesota will issue a birth certificate reflecting the proper sex.
MississippiStatute: Miss. Code Ann. § 41-57-21 (2006).
Text: Where there has been a bona fide effort to register a birth and the certificate thereof on file with the office of vital records does not divulge all of the information required by said certificate, or such certificate contains an incorrect first name, middle name, or sex, then the state registrar of vital records may, in his discretion, correct such certificate upon affidavit of at least two (2) reputable persons having personal knowledge of the facts in relation thereto. All other alterations shall be made as provided in Section 41-57-23. Anyone giving false information in such affidavit shall be subject to the penalties of perjury.
Administrative Code: Code Miss. R. 12 000 052, Rules 31-32
Summary: Mississippi will issue a birth certificate reflecting the proper sex.
Statute: Mo. Ann. Stat. § 193.215(9) (2006).
Text: 9. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating 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.
Notes: Amended birth certificates will be marked "Amended."
Summary: Missouri will issue a birth certificate reflecting the proper sex.
Admin. R. Mont. 37.8.311 (5) (2017).
Text: The gender of a registrant as cited on a certificate may be corrected if the department receives (a) a correction affidavit accompanied by a completed gender designation form issued by the department certifying under penalty of law that the individual has undergone gender transition or has an intersex condition and that the gender designation on their birth certificate should be changed accordingly, and the request for gender designation is for the purpose of ensuring the birth certificate accurately reflects their gender and is not for any fraudulent or other unlawful purpose.
Summary: Montana will issue a birth certificate reflecting the proper sex.
Statute: Neb. Rev. Stat. § 71-604.01 (2005).
Text: Upon receipt of a notarized affidavit from the physician that performed sex reassignment surgery on an individual born in this state and a certified copy of an order of a court of competent jurisdiction changing the name of such person, the Department of Health and Human Services Finance and Support shall prepare a new certificate of birth in the new name and sex of such person in substantially the same form as that used for other live births. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.
Summary: Nebraska will issue a birth certificate reflecting the proper sex.
440.030 1. An affidavit for alteration or correction of a certificate must consist of two parts as follows: (a) The first part must consist of [a principal] an affidavit in which the affiant sets forth the facts that are not correctly stated on the certificate and also sets forth the changes necessary to correct the certificate. (b) The second part must consist of a supplementary affidavit or other verifiable evidence corroborating the facts contained in the principal affidavit. [The] Any supplementary affidavit must be executed by a person other than the affiant of the principal affidavit. 2. The State Registrar [or the local registrar] may accept the affidavit for alteration or correction of a certificate only if the affiants: (a) Have signed [both parts] any affidavit and these signatures are notarized; [and] (b) Have personal knowledge of the facts stated therein [.] ; and (c) Have provided a supplementary affidavit or other verifiable evidence to support the affidavit. 3. As used in this section: (a) “Alteration or correction of a certificate” includes, without limitation, an alteration or correction to any: (1) Date of birth; (2) Date of death; (3) Age; (4) Part of the location of the birth or death; (5) Gender or sex
Summary: Nevada will issue a birth certificate reflecting the proper sex.
New HampshireAdministrative Code: N.H. Code Admin. R. He-P 7007.03(e) (2004).
Text: (e) Upon receipt of a court order advising that such individual born in the state of New Hampshire has had a sex change, a new birth record shall be prepared in accordance with He-P 7007.02 to reflect such change.
Notes: Obtaining an order from the local probate court requires submission of an application, payment of a fee, and an evidentiary hearing. Unless otherwise specified by the court order, the amended certificate will specify what changes have been made.
Summary: New Hampshire will issue a birth certificate reflecting the proper sex.
New JerseyStatute: N.J. Stat. Ann. § 26:8-40.12 (2006).
Text: The State registrar shall issue an amended certificate of birth to a person born in this State who undergoes sex reassignment surgery and requests an amended certificate of birth which shows the sex and name of the person as it has been changed.
Notes: Babs Siperstein Law signed by Governor Phil Murphy (2018) will allow updated birth certificates to reflect the genders of female, male, or undesignated/non-binary once an affidavit is completed by the applicant (no medical documentation will be required). This will be in effect beginning February 1, 2019.
Summary: New Jersey will issue a birth certificate reflecting the proper sex.
New MexicoStatute: N.M. Stat. Ann. § 24-14-25(D) (2006).
Text: D. Upon receipt of a statement signed under penalty of perjury by the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person, the certificate of birth of the individual shall be amended as prescribed by regulation.
Summary: New Mexico will issue a birth certificate reflecting the proper sex.
Administrative Code: N.Y. Comp. Codes R. & Regs. Tit 10, § 35.2 (2014)
Notes: The New York State Department of Health, Vital Records Division has a policy providing for the change of sex designation on birth certificates upon the receipt of a completed application and a notarized affidavit on professional letterhead from a physician (M.D. or D.O.), nurse practitioner, physician assistant, licensed in the United States, who has treated, reviewed, or evaluated the gender-related medical history of the applicant. The notarized affidavit must include: a statement noting that the provider is making his/her findings upon independent and unbiased review and evaluation and is not related to the applicant; the medical professional’s license number; and a statement that the applicant has undergone appropriate clinical treatment.
Summary: The state of New York will issue a birth certificate reflecting the proper sex.
New York City (has separate vital records division from the state)
Administrative Code: 24 RCNY Hlth. Code § 207.05(a)(5) (2014), as amended by the Birth Certificate Modernization Bill, Int. No. 491-A (effective Jan. 12, 2015).
Text: (a) A new birth certificate shall be filed when . . . (5) (i)(A) A person files either an affirmation from a physician (MD or DO) licensed to practice medicine in the United States and who is in good standing…or (B) an affidavit from a doctoral level psychologist (PhD or PsyD) in clinical or counseling psychology, master social worker, clinical social worker, physician assistant, nurse practitioner, marriage and family therapist, mental health counselor, or midwife, licensed to practice in the United States and who is in good standing to attest that in keeping with contemporary expert standards regarding gender identity, the applicant’s requested correction of sex designation of male or female more accurately reflects the applicant’s sex or gender identity.
(ii) If the request for a new birth certificate includes a name change, the person must also submit proof that his or her name has been changed pursuant to a court order.
Summary: New York City will issue a birth certificate reflecting the proper sex.
