Last Updated on May 11, 2022 by Fair Punishment Team
Here are the guidelines on how to change your sex on your birth certificate depending on your state.
Alabama
Alabama will issue a new birth certificate reflecting your true sex upon receipt certified copy of an order by the court of competent juristriction stating that the sex has been changed by surgical procedure alongside a name change.
Alaska
Alaska will issue a new birth certificate reflecting your true sex upon receipt certified copy of a court order to change the person’s name and gender marker.
Arizona
Arizona will issue a birth certificate reflecting the proper sex after recieving both a written request from the person or their legal guardian, and a written statement by a doctor verifying the sex change operation.
Arkansas
Arkansas will issue a new birth certificate reflecting your true sex upon receipt certified copy of an order by the court of competent juristriction stating that the sex has been changed by surgical procedure alongside a name change.
California
California will issue a birth certificate reflecting the proper sex after the applicant has submitted an affiadvit to the State Registrar that contains 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.”
Colorado
Colorado will issue a birth certificate reflecting the proper sex upon receipt certified copy of an order by the court of competent juristriction stating that the sex has been changed by surgical procedure alongside a name change.
Connecticut
Connecticut will issue a birth certificate reflecting the proper sex that supersedes the original birth certificate.
Delaware
Delaware will issue a birth certificate reflecting the proper sex once the Registrar recieves an affidavit from a medical or mental health profesiional that states the following:
“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.”
District of Columbia
The District of Columbia will issue a birth certificate reflecting the proper sex once the Registrar has received the following documents:
- A written request for a new birth certificate with a new gender marker from the individual, signed under penalty of law
- A statement from a licensed medical professional that confirms either treatment for gender transition or an intersex condition
- A certified order of a court of competent jurisdiction granting a name change (if applicable)
Florida
Florida will issue a birth certificate reflecting the proper sex after receiving a completed Application for Amended Birth Certificate and notarized Affidavit of Amendment to Certificate of Live Birth. They’ll also need a certified copy of court order for a change of name, and an affidavit from the doctor who performed the sex change surgery containing their medical number.
Georgia
Georgia will issue a birth certificate reflecting the proper sex upon receipt certified copy of an order by the court of competent jurisdiction stating that the sex has been changed by surgical procedure alongside a name change.
Hawaii
Hawaii will issue a birth certificate reflecting the proper sex after being provided with a notarized affidavit from a licensed doctor in the United States. This needs to include confirmation for the following:
- The doctor has a physician-patient relationship with the registrant
- The doctor has treated the registrant and evaluated their medical history
- The registrant has undergone treatment for the gender transition
- The doctor has seen their current birth certificate and the current gender doesn’t align with their sex designation.
Idaho
Idaho will issue a birth certificate reflecting the proper sex without any medical documentation to be presented. However, a court order granting name change is required if you want to change your name.
Illinois
Illinois will issue a birth certificate reflecting the proper sex after the Registrar receives a declaration by a licensed doctor who has treated and evaluated the registrant, stating that they have undergone treatment for the gender transition or that they have an intersex condition.
Indiana
Indiana will issue a birth certificate reflecting the proper sex after a court order has been shown to the Vital Statistics Division.
Iowa
Iowa will issue a birth certificate reflecting the proper sex after the Registrar receives a notarized affidavit by a licensed doctor stating that the registrant has undergone treatment and therefore their sex designation has been changed.
The Registrar has the right to make a further investigation if more information is necessary before changing the birth certificate.
Kansas
Kansas will not issue a birth certificate reflecting the correct sex unless the sex was originally incorrectly recorded at time of issue. This does not include minor changes such as gender designation after sex augmentation.
Kentucky
Kentucky will issue a birth certificate reflecting the proper sex after a sworn statement by a licensed professional has been issued stating that the gender has been changed by surgical procedure. They also require a copy of an order of a court of competent jurisdiction to change their name.
Louisiana
Louisiana will issue a birth certificate reflecting the proper sex after the registrant petitions a court of competent jurisdiction. They will need to have been born in Louisiana and have recieved sex reassignment surgery to have changed their anatomical structure of the sex.
Maine
Maine will issue a birth certificate reflecting the proper sex, although the new certificate will be marked as ‘amended’. A new certificate will be issued once the OVR receives an order of the local probate court. An Application for Correction needs to be submitted along with a letter from the treating doctor verifying the surgery or treatment has finished.
Maryland
Maryland will issue a birth certificate reflecting the proper sex once the Department receives proof that a licensed professional has determined that the sex designation should be changed after the individual has finished their treatment.
Massachusetts
Massachusetts will issue a birth certificate reflecting the proper sex once the registrant has changed their name and has completed their reassignment surgery.
The certificate will be amended once an affidavit has been received by the town clerk, executed by the registrant, along with a notarized statement from their physician confirming that the surgery was completed. Proof of name change will also need to be given.
Michigan
Michigan will issue a birth certificate reflecting the proper sex upon request after an affidavit from a physician has been presented, certifying that surgery has been performed to alter the original sex.
Minnesota
Minnesota will issue a birth certificate reflecting the proper sex after the Minnesota Department of Health receives either a medical certificate showing treatment for a gender transition, or a certified copy of a court order that specifically calls for the sex on their birth certificate to be amended.
Mississippi
Mississippi will issue a birth certificate reflecting the proper sex provided the Registrar receives an affidavit of at least two reputable people having knowledge of the gender transition. It is up to the Registrar’s discretion if they need more information or decline the application.
Missouri
Missouri will issue a new birth certificate reflecting your true sex upon receipt certified copy of an order by the court of competent jurisdiction stating that the sex has been changed by surgical procedure alongside a name change.
Montana
Montana will issue a birth certificate reflecting the proper sex once the department receives a relevant affidavit along with a completed gender designation form issued by the department. This certifies that the registrant has undergone gender transition surgery or has an intersex condition.
Nebraska
Nebraska will issue a birth certificate reflecting the proper sex after receiving a notarized affidavit from a doctor that performed the gender reassignment surgery, as well as a certified copy of an order of a court of competent jurisdiction for the change of name.
Nevada
Nevada will issue a birth certificate reflecting the proper sex after an affidavit with enough evidence has been submitted. This should include two parts:
- The first part needs to consist of an affidavit in which the applicant puts in writing the incorrect information on their birth certificate and what the correct information is.
- The second part needs to consist of a supplementary affidavit of other evidence that can be verified. This evidence needs to be able to support the facts in the first part.
The State Registrar will accept the application only if the individual has signed both parts and they have been notarized, and that they have knowledge of the facts stated within their affidavit.
New Hampshire
New Hampshire will issue a birth certificate reflecting the proper sex upon receipt of a court order advising the change of gender markers on the certificate due to the individual having completed a sex change.
New Jersey
New Jersey will issue a birth certificate reflecting the proper sex after the applicant has undergone sex reassignment surgery and has requested the change of gender markers on their birth certificate. They may also request a change of name.
New Mexico
New Mexico will issue a birth certificate reflecting the proper sex after receiving a signed penalty of perjury by the head of an institution, or the attending physician stating that the applicant’s sex has been changed through a course of treatment.
New York
New York State
The state of New York will issue a birth certificate reflecting the proper sex after reviewing a receipt of a completed application as well as a notarized affidavit from a professional physician or another healthcare worker who has treated the applicant.
This affidavit needs to include the following information:
- A statement showing their findings upon unbiased evaluation
- Their medical license number
- A statement confirming that the applicant has undergone gender reconstructive treatment
New York City
New York City will issue a birth certificate reflecting the proper sex if an affidavit is filed from a professional medical practitioner that attests that the new gender more accurately reflects the applicant’s gender identity.
North Carolina
North Carolina will issue a birth certificate reflecting the proper sex when a written request has been recieved by the State Registrar to change the sex on the original document due to gender reassignment surgery. This request needs to be supported by a notarized statement from the treating doctor to confirm that the surgery was completed.
North Dakota
North Dakota will issue a birth certificate reflecting the proper sex provided that the correct evidence is submitted. This is as follows:
- A written request of the applicant
- An affidavit from the treating physician confirming that the surgery was successful
- An order of a court of competent jurisdiction in regards to a legal name change
The original birth certificate will be changed and the word ‘amended’ will show in the upper margin.
Ohio
Ohio will not issue a birth certificate reflecting the correct sex for people who have corrected their gender through a surgical procedure.
Oklahoma
Oklahoma will issue a birth certificate reflecting the proper sex once the sex reassignment surgery has been completed.
Oregon
Oregon will issue a birth certificate reflecting the proper sex if the registrant is over 18 years old or an emancipated minor, or is a minor legal guardian makes the request.
They will also need one of the following documentation:
- A certified copy of an order from a court of competent jurisdiction changing the sex of the applicant
- A request on a form from the State Registrar from the applicant. This needs to include:
- sufficient documentation to allow the registrar to confirm the gender of the applicant and the current birth certificate that needs amending
- A statement that has been signed by the applicant in which they attest to making the request for the purpose of changing their gender identity on their birth certificate
- Any other documentation that the registrar requests.
Pennsylvania
Pennsylvania will issue a birth certificate reflecting the proper sex once a letter from a doctor has been recieved noting that gender transition treatment has been conducted.
Puerto Rico
Puerto Rico will issue a birth certificate reflecting the proper sex after a transgender person has completed a Request to Change Transgender Persons’ Gender Marker Form. they’ll also need to provide one of the following documents:
- A passport that has already had the gender marker changed
- A driving license that has already been reissued with the correct gender
- A certification from a healthcare professional stating the true gender and that they expect this to remain the true gender from here on out.
Rhode Island
Rhode Island will issue a birth certificate reflecting the proper sex once the Registrar has recieved an affidavit written by a physician stating either that the applicant has undergone gender reassignment surgery or hormonal treatment, or they have an intersex condition. Correction requests will show on the original birth certificate as an amendment.
South Carolina
South Carolina will issue an amendment to use alongside the original birth certificate reflecting the proper sex.
South Dakota
South Dakota will issue a birth certificate reflecting the proper sex after the State Registrar has recieved an appropriate court order. They will then follow the instructions given by the court order, which is typically to issue a new birth certificate.
Tennessee
Tennessee will not issue a birth certificate reflecting the proper sex. This state is the only one that explicitly forbids changing the sex on a birth certificate for transgender people.
Texas
Texas will issue a birth certificate reflecting the proper sex as long as the applicant can provide certification from a medical professional and one more document, such as a passport. A specialist will review the application before moving it onto the next step.
Utah
Utah will issue a birth certificate reflecting the proper sex when the applicant has had a name change or sex change approved by an order of a court of competent jurisdiction beforehand. Once they have completed this, a certified copy of the order can be submitted alongside an application to the registrar.
The registrar will then review the application and register it as an amendment on the original certificate. A certified copy will also be issued to the applicant for no additional fee.
Vermont
Vermont will issue a birth certificate reflecting the proper sex after an affidavit has been issued by a licensed doctor who has treated the applicant. This should state that the applicant has undergone treatment for a gender transition such as surgery or hormonal treatment.
This affidavit should contain enough evidence for the court to issue an order to confirm that the sexual reassignment has been completed. It should also contain the medical license number of the doctor as well as their signature.
Virginia
Virginia will issue a new birth certificate reflecting your true sex upon receipt certified copy of an order by the court of competent jurisdiction stating that the sex has been changed by surgical procedure alongside a name change.
Washington
The State of Washington will issue a birth certificate reflecting the proper sex upon request of the applicant. No documentation is required for adults over the age of 18 and emancipated minors. You can have your sex marker changed to F, M, or X.
West Virginia
West Virginia will issue a birth certificate reflecting the proper sex after either a court order or a notarized statement from the treating physician confirming that the surgery has been completed has been recieved.
Wisconsin
Wisconsin will issue a birth certificate reflecting the proper sex if the state Registrar receives a certified copy of the order along with the necessary fee.
Wisconsin will change the birth certificate issued in its own state, another state, Canada, or under the valid order of a court of any federally recognized Indian tribe, band or nation. This is interesting for people living in states where they can’t currently change their sex on their birth certificates.
Wyoming
Wyoming will issue a birth certificate reflecting the proper sex once the gender transition treatment has been completed and a court order has been issued.
Summary
Out of 52 states, only three will not change the sex on a birth certificate. These states are Kansas, Ohio, and Tennessee. If you are planning on changing your birth certificate sex designation, make sure that you adhere to the policy that your state has in place to avoid your application from being voided.
