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:
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:
The following states require gender reassignment surgery to have taken place before the gender on a birth certificate can be changed. Those states are:
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.
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:
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:
In addition to choosing "male" or "female",the following states allow an individual to choose the option "X" on their birth certificate amendment application:
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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