State Requirements for Changing Gender on a Birth Certificate

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:

  • Kansas
  • North Dakota
  • Oklahoma
  • Tennessee

Gender Reassignment Surgery

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

  • Alabama
  • Arizona
  • Arkansas
  • Georgia
  • Iowa
  • Kentucky
  • Louisiana
  • Missouri
  • Nebraska
  • New Hampshire
  • Utah

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.

  • Alaska
  • Arizona
  • Iowa
  • Mississippi
  • Nebraska

A Court Order

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:

  • Indiana (Court ordered gender changes are solely at the discretion of each judge due to unresolved state policy)
  • Mississippi
  • 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)
  • South Dakota
  • 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:

  • Delaware
  • Florida
  • Hawaii
  • Idaho
  • Maryland
  • Massachusetts
  • Minnesota
  • Montana (amendment forms available, but there is no guarantee of the processing of the forms due to the current legal climate)
  • North Carolina
  • Pennsylvania
  • Virginia
  • 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:

  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Illinois
  • Maine
  • Michigan
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

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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