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• Changing Birth Certificate Sex Designations: State-By-State Guidelines

last updated Sept. 17, 2018

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.

Click on the name of your state to view.

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.

Statute: 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.

Statute: 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.

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 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:

• “(A) Parent;
• “(B) Guardian; or
• “(C) Legal representative;

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

• “(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
• “(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:

• “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 July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous name change and seeks a change of gender designation;
• “ “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 July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous change in gender designation.

(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:

• The requestor or “birth registrant” must be born in the State of Hawaii and have a birth certificate filed with the Hawaii Department of Health.
• The physician has a bona fide physician-patient relationship with the birth registrant;
• The physician has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant’s medical history;
• The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and
• The physician has seen a current certified copy of the registrant’s birth certificate and the new gender does not align with the sex designation of the birth registrant’s birth certificate.*

*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.

Statute: 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.

Statute: 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.

NAC 440.130

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

http://www.leg.state.nv.us/Register/RegsReviewed/$R066-16A.pdf

Summary: Nevada will issue a birth certificate reflecting the proper sex.

Administrative 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.

Statute: 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.

Statute: 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.

Statute: N.C. Gen. Stat. §§ 130A-118(b)(4), (e) (2005).

Text: (b) A new certificate of birth shall be made by the State Registrar when . . .

(4) A written request from an individual is received by the State Registrar to change the sex on that individual's birth record because of sex reassignment surgery, if the request is accompanied by a notarized statement from the physician who performed the sex reassignment surgery or from a physician licensed to practice medicine who has examined the individual and can certify that the person has undergone sex reassignment surgery.

Summary: North Carolina will issue a birth certificate reflecting the proper sex.

NDAC 33-04-12-02

33-04-12-02. Amendments as a result of gender identity change.

1. Evidence and documents required. The birth record of a person born in this state who has undergone a sex conversion operation may be amended as follows:

a. Upon written request of the person who has undergone the operation;

b. An affidavit by a physician that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person's birth record should be changed; and

c. An order of a court of competent jurisdiction decreeing a legal change in name.

2. New record . Pursuant to such amendment, a new record of birth will be created by the state registrar showing original data as transcribed from the original record excepting those items that have been amended. The new record will be clearly marked in the upper margin with the word “amended” and a description of the amended items may be added to the certified copy for clarification.

3. Sealing of original record. The original record shall be then placed in a special file and shall not be open to inspection except by order of a court of competent jurisdiction or by the state registrar for purpose of carrying out the provisions of North Dakota Century Code chapter 23-02.1 and properly administering the vital records registration program.

N.D. Admin. Code 33-04-12-02

Summary: North Dakota will issue a birth certificate reflecting the proper sex.

Statute: Ohio Rev. Code § 3705.15 (2006).

Controlling case law: In re Ladrach, 32 Ohio Misc. 2d 6, 513 N.E.2d 828 (Ohio Prob. Ct. 1987) (interpreting Ohio's birth certificate statute to be only a correction statute that does not encompass correction of sex on birth certificates of individuals who have changed their sex by surgical procedure).

Summary: Ohio will not issue a birth certificate reflecting the correct sex.

If you have been directly harmed by Ohio's discriminatory policy, we want to hear your story . 

Statute: 63 Okl. Stat. Ann. § 1-321 (2006).

Administrative Code: Okla. Admin. Code 310:105-3-3 (2006).

Notes: While not specifically provided for by statute or regulation, it is the policy of the Vital Records Bureau to issue new birth certificates for applicants who have undergone sex reassignment, pursuant to the generally applicable procedures.

Summary: Oklahoma will issue a birth certificate reflecting the proper sex.

House Bill 2673 §1(3)(b)

Upon request, the state registrar shall amend a record of live birth that occurred in this state to change the sex of an applicant if the applicant is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, the applicant’s parent, legal guardian or legal representative makes the request, and if: (A) The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the sex of the applicant; or (B) The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the sex that includes: (i) Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended; (ii) A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicant’s gender identity; and (iii) Any other documentation as required by the state registrar by rule.

https://olis.leg.state.or.us/liz/2017R1/Downloads/MeasureDocument/HB2673/Introduced

Summary: Oregon will issue a birth certificate reflecting the proper sex.

Statute: 35 Penn. Stat. § 450.603 (2005).

Notes: Although not specifically mentioned in the statute, the Division of Vital Records will reissue a birth certificate upon receiving a letter from a physician stating that appropriate clinical treatment for gender transition has occurred (as of August 8, 2016).

Summary: Pennsylvania will issue a birth certificate reflecting the proper sex.

Statute: 24 L.P.R.A. section 1136.

Notes: As of April 20, 2018, people who were born in Puerto Rico can apply to change the indicator of sex on their birth certificate to match their gender identity.  A transgender individual must present a “Request to Change Transgender Persons’ Gender Marker,” DTOP-DIS-324 Form , along with any of the following documents: (1) a passport that reflects the person’s true gender, or (2) a driver’s license that reflects the person’s true gender, or (3) a certification issued by a healthcare professional or mental health professional with whom the person has a doctor-patient relationship stating that based on his or her professional opinion the true gender identity of the applicant is female or male and that it is expected that this will continue to be the gender with which the applicant will identify him or herself in the future. If the applicant has not had any of the documents requested previously issued, a health care professional or mental health professional with whom the applicant has a doctor-patient relationship must certify based on his or her professional opinion that the true gender identity of the applicant is ( ) female or ( ) male and that it is expected that this will continue to be the gender with which the applicant will identify him or herself in the future. The new birth certificate with the applicant’s true gender will not show a strike-out line or any information that would disclose a person’s transgender status on the face of the birth certificate.

Summary: Puerto Rico will issue a birth certificate reflecting the proper sex. This policy changed on April 20, 2018 after Lambda Legal won a case  on behalf of transgender people born in Puerto Rico.

Statute: R.I. Gen. Laws § 23-3-21 (2005).

Administrative Code: 216 R.I. Code R. 10-10-1.37 (2014).

For corrections to sex on the birth certificate that differ from the sex on the original birth certificate, the State Registrar shall change the certificate of birth to reflect the new sex designation, without indicating such change, upon receipt of an affidavit executed by a physician which states either: (1) The individual has undergone surgical and/or hormonal treatment based on contemporary clinical standards and/or other treatment appropriate for the individual for the purpose of gender transition based on contemporary clinical standards in accordance with "Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People," or (2) The individual has an intersex condition, and that in the physician’s professional opinion, the individual’s sex designation should be changed. Correction requests regarding sex on a birth certificate that include a request for a legal name change will be marked as amended only with respect to the name change.

Summary: Rhode Island will issue a birth certificate reflecting the proper sex.

Statute: S.C. Code Ann. § 44-63-150 (2005).

Administrative Code: S.C. Code Ann. Regs. 61-19 (2006).

Notes: Although not explicitly addressed by statute or administrative code, South Carolina will issue an amendment as an attachment to the original birth certificate.

Summary: South Carolina will issue a birth certificate reflecting the proper sex.

Administrative Codes: S.D. Admin. R. 44:09:05:02; 44:09:05:09(4)

Notes: Although not specifically mentioned in the statute, the State Registrar provides amended certificates to reflect sex reassignment if given a court order. Although the Registrar will follow any specific instructions in the court order, their general policy is to issue a new certificate with no indication of amendment.

Summary: South Dakota will issue a birth certificate reflecting the proper sex.

Statute: Tenn. Code Ann. § 68-3-203(d) (2006).

Text: The sex of an individual will not be changed on the original certificate of birth as a result of sex change surgery.

Notes: This is the only state that has a statute specifically forbidding the correction of sex designations on birth certificates for transgender people.

Summary: Tennessee will not issue a birth certificate reflecting the proper sex.

Statute: Tex. Health & Safety Code § 191.028 (2009).

Form VS-170, available on the Texas Department of State Health Services website, specifies that to change sex on a birth certificate, the applicant will need certification by a medical attendant or affidavit and one document (the form specifies the type of documents, including a passport, considered acceptable evidence). All applications will be reviewed by a specialist.

Case law: In 1999, a state district court in Texas held in Littleton v. Prange , 9 S.W.3d 223, 225 (Tex. App. 1999) that a transgender woman was male as a matter of law, and that transgender people could not legally change their sex assigned at birth under any circumstances. However, in 2009, the Texas legislature amended its Family Code to include that an original or copy of an order stating an applicant’s name or sex change counts as the proof required for a marriage license. Tex. Fam. Code § 2.005(b)(8). After this change, the Texas Court of Appeals, Thirteenth District, Corpus Christi held that Nikki Araguz, a transgender woman, could indeed be legally recognized as a woman in deciding whether her marriage to her late cisgender husband was valid. See In re Estate of Araguz , No. 13-11-00490-CV, 2014 Tex. App. LEXIS 1573 (Tex. App. 2014). In re Estate of Araguz represents a clear trend in Texas law departing from the attitude in Littleton.

Summary: Texas will issue a birth certificate reflecting the proper sex.

Statute: Utah Code Ann. § 26-2-11 (2004).

Text: § 26-2-11. Name or sex change -- Registration of court order and amendment of birth certificate

• (1) When a person born in this state has a name change or sex change approved by an order of a Utah district court or a court of competent jurisdiction of another state or a province of Canada, a certified copy of the order may be filed with the state registrar with an application form provided by the registrar.
• Upon receipt of the application, a certified copy of the order, and payment of the required fee, the state registrar shall review the application, and if complete, register it and note the fact of the amendment on the otherwise unaltered original certificate.
• The amendment shall be registered with and become a part of the original certificate and a certified copy shall be issued to the applicant without additional cost.

Notes: Amended certificates will state that an amendment has been made. Older certificates may simply be amended directly on the face of the document, with all changes visible.

Summary: Utah will issue a birth certificate reflecting the proper sex.

Statute: 18 Vt. Stat. § 5112 (2011)

An affidavit by a licensed physician who has treated or evaluated the individual stating that the individual has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition shall constitute sufficient evidence for the court to issue an order that sexual reassignment has been completed. The affidavit shall include the medical license number and signature of the physician.

Summary: Vermont will issue a birth certificate reflecting the proper sex.

Statute: Va. Code Ann. § 32.1-269(E) (2006).

Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.

Administrative Code: 12 Va. Admin. Code § 5-550-320 (2006).

12 VAC 5-550-320. Change of Sex. Except as provided in subdivision 3 of 12 VAC 5-550-450 [concerning intersex conditions], upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.

Summary: Virginia will issue a birth certificate reflecting the proper sex.

Statute: WAC 246-490-075 (2018).

Notes: Washington will change the sex designation on a birth certificate to F, M, or X upon request of the applicant. Provider documentation is not required for adults over 18 or emancipated minors.

Summary: The State of Washington will issue a birth certificate reflecting the proper sex.

Statute: W. Va. Code § 16-5-25 (2006).

Administrative Code: W. Va. Code St. R. § 64-32-12 (2006).

Notes: The practice of the State Registrar is to issue an amended birth certificate upon submission of either a court order or a notarized statement from the treating physician that reassignment surgery has been completed.

Summary: West Virginia will issue a birth certificate reflecting the proper sex .

Statute: Wis. Stat. Ann. § 69.15 (2006).

Text: (1) BIRTH CERTIFICATE INFORMATION CHANGES. The state registrar may change information on a birth certificate registered in this state which was correct at the time the birth certificate was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

• The order provides for an adoption, name change or name change with sex change or establishes paternity; and
• A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

Notes: The court order must specify whether the original certificate is to be amended or a new certificate issued.

Summary: Wisconsin will issue a birth certificate reflecting the proper sex.

Statute: Wyo. Stat. Ann. § 35-1-424 (2005).

Administrative Code: WY Rules and Regulations HLTH VR Ch. 10 s 4(e)(iii) (2004).

Text: (iii) When the sex of an individual has been changed, a court order shall be required to amend the birth certificate.

Notes: Unless other specified by court order, the amended certificate will show all changes that have been made.

Summary: Wyoming will issue a birth certificate reflecting the proper sex.

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Non-Binary Birth Certificates and State IDs: Full Guide

As the views of Americans on gender shift, so do the laws across the country. In 16 states plus the District of Columbia, it is now possible to request a non-binary birth certificate or amend an existing one.

The term non-binary includes any person who does not identify with a gender that falls within the traditional male/female or man/woman category. These new regulations are also inclusive for citizens born intersex.

Latest Updates on Non-Binary Birth Certificates

Several states have revised their laws to recognize non-binary and gender-fluid citizens. Notable updates include:

• July 15, 2024 : The State of Florida will no longer process gender marker changes on birth certificates.
• August 31, 2023: A federal judge ruled that Kansas officials are no longer required to change transgender people’s birth certificates. Kansas will not let trans people change their driver’s license to reflect their gender identity.
• Illinois (July 1, 2023): No medical proof is needed to change gender on a birth certificate.
• New York State (January 9, 2023): Gender-neutral options are available for vital records.
• Vermont (July 1, 2022): In some jurisdictions, parents can choose a non-binary gender for their newborn's birth certificate.
• Oklahoma (April 27, 2022): Prohibits non-binary gender markers on birth certificates.
• Wisconsin (July 1, 2021): New laws for parental identification on birth certificates.

US States that Issue Non-Binary Birth Certificates

People who were born in any of the following US locations, who do not identify as male or female, can legally opt for a 3rd gender category or X marker on their US birth certificate :

• Connecticut
• Rhode Island
• Washington, District of Columbia

LGBTQ+ rights advocates in multiple US states have been petitioning lawmakers to allow identity documents to be more easily changed to match gender identity.

These representatives defend that strict male and female categories are a form of discrimination against transgender and gender-fluid people that they are being labeled by others against their will.

The recognition of this new bills is a significant step for the movement, as it progressively provides legal recognition for non-binary genders in different states throughout the US. Laws in some states allow an "X" on birth certificates as well as state-issued identification documents such as drivers' licenses.

Gender "X" on a Birth Certificate

The gender X option on a birth certificate serves the following purposes :

• Acts as a placeholder until the child is able to self-identify with a gender on their own
• Relieves the pressure on parents to choose a gender during the first days after birth of a child with a sexual variation
• Gives intersex children an inclusive term since some of them present both female and male sexual and/or hormonal traits
• Allows people who do not identify as neither male nor female gender to express this on their legal document
• Eliminates part of the battle that many transgender, gender non-conforming, gender non-binary, gender-fluid, genderqueer, and agender people often go through to override or justify non-conformity with their original gender designation

Additionally, trans, intersex, and non-binary people already face marginalization and discrimination even before they are required to select an option that does not fit their reality or experience.

Having an ID that accurately reflects an individual’s reality has many practical benefits, such as:

• It can be emotionally validating for the citizen, eliminating part of the stigma and shame that surrounds having a different body
• It makes government services and benefits available to everyone —citizens with a form of proof of identity that is not accepted by their government due to the “X” marker cannot apply for certain services or benefits
• It provides parents the encouragement to allow their children to make their own decisions as they grow up

Choosing or Changing to Gender-Neutral on a US Birth Certificate

Citizens born in California, Maine, and Washington now have 3 gender choices; they are allowed to identify as “X” on state-issued identification documents .

In some states, individuals have to wait until they are 18 years old to file a request for a birth certificate sex marker change/identify as X. In others, parents can assist minors who wish to amend their birth certificate.

Often, despite the fact that parents are not allowed to choose X on their child’s first birth certificate at the time of birth, they can seek to make the change immediately after the document is issued .

Experts explain how this legal option can help parents raise gender-neutral children, allowing kids to establish their own gender if and when they are ready to do so.

This allows parents to update the child’s gender identity so that it is accurately reflected on the minor’s legal documents as the child grows.

Some states —such as Illinois and New Jersey— allow X as a 3rd gender option on a birth certificate. However, they do not allow this gender-neutral option on other state identification documents .

This poses a problem that calls for further legislation to allow effective solutions for individuals that fall within this bracket to obtain other forms of identification that match their gender assignment.

The health requirements also change depending on the state. Some state laws allow adults with a non-binary identity to have their birth certificate amended to gender-neutral without requiring a note from a medical professional.

In other states, individuals that wish to change the sex marker on their birth certificate are required to provide proof of gender confirmation surgery .

Gender X Birth Certificate Laws, Requirements, and Policies by State

As explained, laws and policies are changing nationwide to allow for non-binary gender markers. The requirements to apply for or amend a gender-neutral birth certificate also vary greatly depending onthe state.

Find below a comprehensive map of US birth certificate policies by state that will help you navigate state laws. Find the place you are interested in and see if non-binary birth certificates are available and what requirements you must meet.

Non-Binary Birth Certificates vs. State IDs

Some states only allow gender-neutral birth certificates , others only allow gender-neutral state IDs, while yet another group offers both gender-neutral photo IDs such as driver’s licenses as well as birth certificates.

Below you will find a comprehensive table with all the updates regarding gender non-binary policies.

Non-binary birth certificates in California

The state of California no longer defines gender as either male or female, since it incorporated a 3rd option in 2019 .

This extends beyond just birth certificates in California and includes other official documents such as driver’s licenses and State ID , which all recognize non-binary as a 3rd gender.

The Gender Recognition Act, not only allows for a third gender choice on birth certificates and driver’s licenses but also facilitates the process for the transgender community to modify their gender on documents .

It puts an end to the requirements of sworn written documents provided by their doctors and is replaced by an affidavit by the individual in which they declare that the change aligns with their gender identity.

With this measure, California follows Oregon and Washington, who already recognize non-binary individuals on driver’s licenses and State IDs. However, it was the first state to extend it to birth certificates .

Non-binary birth certificates in New York

New York City passed a law that allows non-binary and gender-nonconforming people to obtain birth certificates and driver’s licenses that align with their gender identity.

Since June 2021 and the signing of the Gender Recognition Act , residents across the state have been able to obtain driver’s licenses and birth certificates that reflect non-binary status.

Citizens may now opt for the options of either “male”, “female”, or “x” when self-identifying on these official documents.

In January 2023, the New York State Health Department announced all residents of New York State can now receive their vital records with the same non-binary status.

Also, similar to California, no document from a doctor is required to change the sex listed on their birth certificate, making it easier for both transgender people and those defining as non-binary or gender-fluid. New Yorkers need only petition a court for their chosen gender designation.

Neutral birth certificates in New Jersey

In July 2018, New Jersey Governor Phil Murphy signed a comprehensive birth certificate law which allows people to choose “male,” “female,” or “undesignated/non-binary,” in the sex field, which became effective on 1 February, 2019.

Upon signing the legislation, Governor Murphy said, "Today is an important day for New Jersey as we continue to strive toward equality for all of our residents , regardless of sex or gender expression."

Having a third option in the sex category will allow babies that are born intersex to be given time to determine how they identify themselves , and families who want to raise their children outside the typical binary system to have that option.

The states mentioned join Washington, DC which allows for the “X” gender on both birth certificates and personal IDs.

Please bookmark this page as it will be regularly updated as soon as new states change their legislation to be more inclusive allowing third gender options in their documentation.

Gender Neutral Birth Certificates in Wisconsin

From July 2021, parents in Wisconsin have been given the option to identify as gender-neutral on state-issued birth certificates.

Instead of simply listing “mother” or “father” on the form, parents may now also identify as a “parent” or a “parent giving birth” at their discretion. This is available in English, Spanish or Hmong.

This was announced in late June 2021 by Wisconsin Governor Tony Evers and officially became the law shortly after.

“This change reflects my and my administration’s commitment to gender-neutral terminology and to recognizing Wisconsin families are diverse and should be valued and respected”, Evers also commented in a statement.

Illinois Gender Neutral to be Added on Birth Certificates

In August 2018, the gender-neutral X marker was added to all state forms in Illinois.

Starting on 1 July 2023, residents on Illinois will be able to change the gender marker on their birth certificate without needing to show medical proof that they have undergone gender reassignment surgery or treatment.

Rep. Jennifer Gong-Gershowitz, D-Glenview, a lead sponsor on the bill, said in a statement: “Access to your birth certificate will become a less onerous process for many Illinoisans, removing barriers for people who already face so many.”

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State Requirements for Changing Gender on a Birth Certificate

Changing the gender designation on a birth certificate may be an important step for a transgender person so that personal legal documents accurately reflect the gender they identify with. However, state Vital Statistics' rules for switching gender markers on birth certificates (and whether that is even possible) varies from state to state. In order to change the gender on a birth certificate, an application to change the gender is made with the state Vital Statistics office (or the equivalent therof). In addition, the following rules (or a combination thereof) may apply, depending on the state you were born in:

Gender Reassignment Surgery

• Affidavit from a Physician verifying Gender Reassignment Surgery

A Court Order

• Affidavits Regarding Gender Identity

States That Do Not Allow Gender Changes on Birth Certificates (yet)

The following states do not allow any requests for gender changes on birth certificates. However, legislation and/or lawsuits have been introduced or filed in these states, so this may change soon:

• North Dakota

The following states require gender reassignment surgery to have taken place before the gender on a birth certificate can be changed. Those states are:

• New Hampshire

Affidavit from a Physician that Gender Assignment Surgery Has Taken Place

Some states require a notarized affidavit from a physician indicating that a person has undergone a sex change operation, or has a chromosomal count that establishes the sex of the person as different than what is listed on the original birth certificate.

• Mississippi

Some states require you to submit a Petition to the court. Once the judge has reviewed the petition and supporting documentation, the judge will sign an Order. This signed Order is what is required to change the gender on a birth certificate in these states:

• Ohio (Currently at the discretion of each probate judge and widely varies from county to county)
• South Carolina (No statute or case law exists; At the discretion of the court, based on medical data regarding gender marker change)
• Texas (Note: Texas law does not explicitly allow for gender marker correction. It may be possible with a physician’s letter and/or a court-ordered gender change, but historically has been difficult to acquire.)
• Wyoming (unclear regulations leave court orders/surgical requirments still in a gray area in this state)

States that Only Require Birth Certificate Gender Change Amendments

Some states now only require amendment applications to be filed with the state Vital Statistics office, and do not require gender reassignment surgery, court orders, or physician affidavits. However, these states still only allow the applicant to choose "male" or "female" as the gender option:

• Massachusetts
• North Carolina
• Pennsylvania
• West Virginia

States That Allow Gender Marker "X" as a Choice on the Birth Certificate Gender Amendment

In addition to choosing "male" or "female",the following states allow an individual to choose the option "X" on their birth certificate amendment application:

• Connecticut
• District of Columbia
• Rhode Island

Gender marker "X" generally refers to a gender that is not exclusively male or female, including, but not limited to: intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two Spirit, and unspecified.

Note: Some states also require proof your name has been changed in order to change the gender on your birth certificate. You should check with your state's Vital Statistics office, as changing your name is an entirely separate process.

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FAQ: The Vital Statistics Modernization Act

The Vital Statistics Modernization Act clarifies the documentation and residency requirements for obtaining a California court-ordered gender change. This new law clarifies that both individuals born in California and individuals who currently reside in California may petition a California court for a gender change.  In addition, the Act changes the documentation standard for obtaining a legal gender change in California from “surgery that changes sex characteristics” to “clinically appropriate treatment for the purposes of gender transition.” 

Is it important that I get a court-ordered gender change?

Everyone’s identity document needs are different.   Getting a court-ordered gender change can go a long way towards helping a person establish their correct gender on their different identification documents. Also, there is no law requiring a person to change the gender marker on their I.D. or birth certificate if they don’t want to.  However, since every state and federal agency has its own rules governing gender change (and some states do not permit gender change to a birth certificate) it is possible that even with a California court order, a person will still have different gender markers on different forms of I.D. Also, there is no law requiring a person to change the gender marker on their I.D. or birth certificate if they don’t want to.  However, obtaining a court order is an excellent way to establish that you have legally changed your gender and that the State of California recognizes this change. This can be very useful if a person wishes to get married or in some employment and education situations.

Do I need a court order gender change to change my California state ID or drivers license?

No. In order to change the gender on your California state ID or driver’s license you must submit the California Department of Motor Vehicles (DMV) form DL-329 requesting the change. You can pick up a copy of the form at any DMV location or on the Transgender Law Center’s website. The DL-329 form needs to be completed by a licensed California physician or psychologist. You do not need to have undergone any specific medical procedure to get your license or ID with the correct gender marker. Your physician simply has to confirm that you’re expressing your gender identity full-time.  If your psychologist completes the form, you will receive a license that is only good for five years, after which you will have to renew it and resubmit the DL-329 form.  *Please not you must obtain a court-ordered name change to change your name on your California state ID or driver’s license.

Obtaining a California Court-Ordered Gender Change

Which identity documents can i change with the california court-ordered gender change.

The new policy will allow you to change the following documents:

• A California Birth Certificate
• A birth certificate from another state (depending upon that state’s laws)[MD1]

How can I obtain a California court-ordered gender change?

Under the new policy, you can obtain a court ordered gender change by taking the following steps:

•   Obtain and complete the proper court forms (Available on the California Courts website )
•  Get a declaration from your physician certifying that you have undergone “appropriate  clinical treatment   for gender transition”
•   File forms and physician certification at your county courthouse and pay the fee (or apply for a fee waiver)
• Receive your court hearing date
•  Attend your court hearing date

Who can write a declaration to certify that an individual has had clinically appropriate treatment for gender transition?

You will need a declaration from any licensed physician with whom you have a doctor-patient relationship and who is familiar with your transition-related treatment.

Can a mental health professional write a declaration to certify that an individual has had clinically appropriate treatment for gender transition?

Generally no. The declaration must be written by a licensed physician.

What does the physician certification have to include?

The letter should include the doctor’s name, address, medical license number, and state that it is sworn on penalty of perjury of the laws of the State of California. It should also include a statement that the physician believes the patient has received appropriate clinical treatment to change their gender.

What is considered “appropriate clinical treatment”?

The Vital Statistics Modernization Act recognizes that different people have different medical needs, and that treatment options must be decided by healthcare professionals on an individual basis. You are entitled a legal gender change if you can establish that you have had clinical treatment that is determined by your healthcare provider to be appropriate, in your individual case, to facilitate gender transition. There is no one specific treatment that is required, and details of your treatment – including information about surgery, hormone treatment, or other treatments – do not need to be provided to the court in order to obtain the gender change order.

Can I get my name and gender changed at the same time?

Yes. Many people chose to petition the court for a legal name and gender change at the same time, through the same court order process.  Filing both petitions together reduces the cost of changing both name and gender because it requires paying only one filing fee. At the conclusion of the process, you will receive a single court order changing your name and gender.

Do I have to publish my name and gender change if I go through a combined court order process?

Yes and No! A person changing their name still has to publish a document called an “Order to Show Cause” in a court-approved newspaper in the county where they live, regardless of whether or not they are changing their gender.  If a person is petitioning for a combined name and gender change (or a separate gender change), they are not required to publish their legal gender change in the newspaper.

Additional FAQs

Can people in other states obtain a court-ordered gender change in california.

Individuals who currently live in California (regardless of where they were born), or who were born in California (regardless of where they now live), can petition for a California court-ordered gender change.

Can you change the gender marker on an out-of-state birth certificate with a California court ordered gender change?

Every state has its own legal process for changing the gender marker on a birth certificate. A California court-ordered gender change may be accepted by another state, depending upon the law of that state. You may want to check with the Department of Vital Statistics in the state where you were born to find out.

Where should I turn if I have more questions about undergoing a legal gender and/or gender change?

If you have questions about obtaining a California gender change court order,  you can contact the Transgender Law Center at 415-865-0176.   If you have questions about the law regarding birth certificate changes in the state where you were born, you should contact the agency in that state that is responsible for birth certificates, typically the Department of Vital Statistics or Department of Public Health.

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The Legal Information Helpdesk provides basic information about laws and policies in the United States that affect transgender people across many areas, including employment, health care, housing, civil rights, immigration, prisoners’ rights, and identity document changes.