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 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.
Notes: Although the statute does not specify gender marker correction, Alaska Department of Vital Records will amend the gender marker on a birth certificate with a letter from a licensed medical provider.
Text: A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following: . . .
(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child’s parent or legal guardian.
Text: (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual’s name has been changed, the certificate of birth of such individual shall be amended accordingly.
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.
The requirements and process to change the sex designation on a birth certificate, and whether that is even possible, varies from state to state
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.
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) … Only the commissioner end birth certificates to reflect changes concerning parentage or gender change. Amendments related to parentage or gender change shall result in the creation of a replacement certificate that supersedes the original, and shall in no way reveal the original language changed by the amendment. …
See also Conn. Gen. Stat. § 19a-42b (specifying procedure for changing out-of-state birth certificates for Connecticut residents); Conn. Agencies Regs. § 19a-41-9(e) (procedure for changing Connecticut birth certificates).
The Registrar shall establish a new certificate of birth that reflects the new sex upon receipt of an affidavit from a licensed medical or mental health professional stating: “The registrant has undergone surgical, hormonal, psychological or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical escort near me standards.”