US Birth Certificates

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Your birth certificate must be changed with the US state in which you were born, not where you currently live.

For information on legal name change, please see US Name Changes.

If your state/province will issue an amended birth certificate, that means that your old name and sex will still be visible, but will essentially be crossed out with the new name and sex added. If your state/province issues a new birth certificate, that means that your original birth certificate will be sealed where no one can access it - although that copy still exists on paper; it's not completely destroyed, just made inaccessible - and a new one will be printed for you with just your new name and sex designation.

Lamba Legal also keeps up-to-date information on changing the sex on your birth certificate for all 50 US states and the District of Columbia.


Contents

If you are a US Citizen but were born outside the United States

You can change your name and gender on your US Department of State issued birth certificates. Proof of surgery is no longer a requirement; the requirements are the same as for obtaining a US Passport. You just need to present a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition. There are guidelines explaining exactly what information must be included. See http://www.state.gov/r/pa/prs/ps/2010/06/142922.htm for more information.

You must obtain a legal name change (original or certified copy) from the court of the county for which you reside, the original birth certificate, and the appropriate letter from an attending medical physician, and send it all to:

US Dept. of State
1111 19th St. NW, Suite 510
Washington, DC 20502-1705
(202)-955-0307

The State Department will then re-issue a new birth certificate (not amended) and the process takes approximately 6-8 weeks. As of 1999, the fee was $40, but you should call them to obtain the current fee for this process.


Alabama

Alabama will issue an amended birth certificate noting change of name and sex, but will not issue a new birth certificate replacing the original.

The fee to prepare an amended birth certificate is $15.00, which includes one certified copy. Additional copies of the same record ordered at the same time are $4.00 each.

You will need an original or certified copy of the court order for your name change, as well as an original or certified copy of a COURT ORDER for change of sex (not just the surgeon's letter). This enters another step into the procedure and is best handled through an attorney, although at extra cost. You must file a "petition to amend a vital record," state what you want to amend, provide documentation of the reason for your petition, and name the Centre for Health Statistics as defendant.

This is the actual portion from the Alabama Vital Statistics Law which deals with gender reassignment:

  • 22-9A-19(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.”

On the positive side, if you live in another state they will accept the court order from that state, if issued from “a court of competent jurisdiction” (court with authority to issue such orders in that particular county or state). The fee for the court order is a separate fee, and varies from one court to another.

State Board of Health
Center for Health Statistics
P.O. Box 5625
Montgomery, AL 36103-5625
(334)-206-5418
(334)-206-5426
Ms Dorothy S. Harshbarger
State Registrar and Director
dharshbarger@adph.state.al.us

Alaska

Alaska will issue an amended birth certificate noting change of name and sex. You will need an original or certified copy of the court order for the name change, and an original or certified copy of the letter from your surgeon.

Mr Alfred G. Zangri
Chief, Health Research and Vital Statistics
Department of Health and Social Services
azangri@health.state.ak.us

Arizona

Arizona will change both name and sex, and will issue a new birth certificate rather than amend the old one. The original certificate is "closed" to further inspection.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change. IMPORTANT: The court order must specifically state "the name may be changed on the Arizona birth certificate."

Office of Vital Records
Arizona Dept. of Health Services
P.O. Box 3887
Phoenix, AZ 85030-3887
(602)-255-3260
Fax: (602)-249-3040
http://www.hs.state.az.us/vitalrcd/index.htm
Ms Renee Gaudino
Administrator and Assistant State Registrar
Arizona Department of Health Services
rgaudino@hs.state.az.us


Arkansas

Arkansas will change both name and sex, and will issue a new birth certificate if the court order so specifies. The request for the court order must include medical documentation (letter from surgeon).

Arkansas Department of Health
Division of Vital Records
4815 West Markham St.
Slot 44
Little Rock, AR 72205
(501)-661-2174


California

California will change both name and sex, and will issue a new birth certificate rather than amend the old one. California Health and Safety Code, Section 103425-103445, states: "A petition for the issuance of a new birth certificate in those cases shall be filed with the superior court of the county where the petitioner resides."

There is also a phone number for information on this procedure: 1916 557 6076

The requirements to change your sex on a California birth certificate are, as of 2011, the same as to change your sex on a US passport.

To change your name on your California birth certificate, you will need an original or certified copy of the court order for your name change. If you do not have a court order for your name change, you may petition the court for change of name at the same time you petition for the new birth certificate.

Fees are determined by the superior court of the county receiving the petition.

Michael Rodrian
State Registrar and Chief
Center for Health Statistics
mrodrian@dhs.ca.gov


See also: What The Vital Records Modernization Act (AB 433) Does For California-Born Trans People (from October 2011)


Colorado

Colorado will change both name and sex, and will issue a new birth certificate rather than amend the old one.

In order to change the name and gender for a person born in Colorado, we need a certified copy of a legal name change and the judge ordering us to change the birth certificate because of gender reassignment. Once the surgery has been completed and you have the court order, we need a notarised letter or our correction form (website: http://www.cdphe.state.co.us/ ) and $20.00 to correct the certificate, $15.00 for one copy of the birth certificate and $6.00 for each additional copies.

Carol J. Garrett, Ph.D.
State Registrar and Chief
Health Statistics Section, CHEIS
carol.garrett@state.co.us

Connecticut

Connecticut will change both name and sex.

NOTE: Connecticut enacted a new law on Oct. 1, 2001. Birth certificates are now amended without the asterisks that were previously used. The law is available on the State of Connecticut website: http://www.cga.state.ct.us/2001/act/Pa/2001PA-00163-R00HB-06569-PA.htm

The amendment to P.A. 19a-42 is in section 32 of the bill.

A court order is not required. Documentation from your SRS surgeon is required, and the fee is $15.00.

Mr Daniel J. Savino
Registrar of Vital Records
Department of Public Health
daniel.savino@po.state.ct.us

Delaware

Delaware will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change.

Mr Michael L. Richards
Director
Office of Vital Statistics
mrichards@state.de.us

District of Columbia

The District of Columbia will NOT issue a new birth certificate, but will amend the original birth certificate upon receipt of certified copies of the court order for name change and the letter from the surgeon who performed SRS.

Mr Carl W. Wilson, M.P.H.
Registrar and Director
DC State Centre for Health Statistics
cwilson27@aol.com

Florida

(updated June 2002)

Florida WILL change name and sex on the birth certificate, and will issue an amended certificate; the old name and sex designation are still visible.

To process a request for birth certificate amendment as a result of gender reassignment surgery:

  • The registrant must present a court order entered pursuant to Section 68.07, Florida Statutes OR if the order is from another state, there must be evidence that the proceeding for name change is substantially similar to that outlined in Section 68.07, Florida Statutes. The registrant may submit a copy of the petition for change of name or the applicable state statute that indicates what procedures the foreign court utilized.
  • The existing birth record must be amended to reflect the name change prior to processing for gender reassignment surgery.
  • Once the name change is recorded, the registrant must file a notarised affidavit, i.e., DH 430, Affidavit of Amendment to Certificate of Live Birth. Additionally, pursuant to Section 382.003, the applicant must submit medical records indicating that the patient has completed sexual reassignment in accordance with appropriate medical procedures and that they are now considered to be of (male/female) gender) for all medical purposes . The medical records must be signed by the physician who performed the reassignment surgery. The physician must include his/her medical license number.
  • The required amendment fee must be submitted and the record will be amended as outlined in Florida Administrative Code Rule. 64-V.1.003 (1)(f) to correct the gender, which conflicts with the given name as recorded.

Here are the details:

  1. The court order for a name change must be effected first - and the person should choose a clearly female (or male, as appropriate) name, e.g., don't change your name to Pat, Dana, Frances/Francis, or any other name that could be construed as a male (or female, as appropriate) name.
  2. The birth certificate must be amended to reflect the new, clearly female (or male, as appropriate) name.
  3. After the birth certificate has been amended to reflect the new "clearly female" (or male, as appropriate) name, then you can apply to change the gender based on the fact that the gender is clearly in conflict with the name. You should include an affidavit from the physician who performed operation and who will state that you are female (or male, as appropriate).
Office of Vital Statistics
Department of Health and Rehabilitative Services
P.O. Box 210
Jacksonville, FL 32231-0042
(904)-359-6929

Georgia

Georgia will change both name and sex, and will issue a new birth certificate rather than amend the old one.

Vital Records Service
State Dept. of Human Resources
47 Trinity Avenue SW, Room 217-H
Atlanta, GA 30334
(404)-656-4750
gdphinfo@dhr.state.ga.us
Mr Michael R. Lavoie
Director, Vital Records Unit
mrl0600@dhr.state.ga.us

Please contact the Legal Section of the Vital Records office (1404 656 4901) and ask for instructions for correcting a vital record.

Hawai'i

Hawai'i will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original or certified copy of the letter from your surgeon. A court order is not required.

Alvin T. Onaka, Ph.D.
State Registrar and Acting Chief
Office of Health Status Monitoring
alvino@hawaii.edu


Idaho

Idaho does NOT change sex on the birth certificate. A bill to permit the changes was rejected by the Idaho legislature. Idaho will, however, change the name on the birth certificate. Details on how to accomplish this can be found at the state site: http://www2.state.id.us/dhw/vital_stats/appmenu.html


Illinois

Illinois will change both name and sex, and will issue a new birth certificate rather than amend the old one. Previous information stated that the new birth certificate contained the words "copy of the original," but my correspondents now tell me the certificated does not say "copy."

There's a new revision of the form, out in 2005, which requires either a letter from a surgeon licensed to practice in the United States, or an examination post op by a physician licensed to practice in the United States. * As of 2006, unfortunately, Illinois is refusing applications from persons whose surgery was outside the US, even with a post op exam by a US physician. Now, however, Dr Brassard has obtained a US license, so his Montreal patients can proceed with the Illinois requirements. Stay tuned.

  • As of October 2011, genital surgery is no longer required to change the sex on your Illinois birth certificate. According to this article from the Windy City Times, 'the new rules mandate that transgender applicants prove they have had an "operation," which is better than the word "surgery" ... "Operation" could be interpreted by physicians as hormone replacement therapy, which might allow some who have not had surgery to update their documents. "Surgery", the word used in the old policy, required actual cutting'. See the article for more information.

First you should follow the instructions on their website: http://www.idph.state.il.us/vitalrecords/gender.htm

This definitely appears to be the easiest way to start the process.

Or you may write to the following address:

Department of Public Health
Division of Vital Records
605 W. Jefferson Street
Springfield, IL 62702

Ask them to fax you what you need to get signed by the doctor and notarised, top and bottom (see below). Make sure you specify name and sex AKA gender change form. They can also mail it to you snail mail; but it is easier to get it faxed then signed, notarised, and send in your fifteen dollars for one copy, two dollars for each one after that.

A third alternative is to call 1217 782 6554 and ask for Vital Records, then ask for the birth certificate change department. The telephone contact is not recommended, because some persons in the office have been less than helpful on the phone.

Be sure to ask for a "request for change of name and sex form."

This form has two parts. The top is "affidavit by physician as to change of sex designation." If you get the form before surgery, you can ask your surgeon to fill it out and get it notarised. Otherwise you can send a separate notarised letter from the surgeon as usual. The bottom part is "affidavit by parent, guardian, or applicant, if of legal age." That part is obvious except for the line:

"THAT the following were the personal particulars at the time of birth of_____________ " Complete this line using "John Doe, now Jane Doe" or the opposite as indicated.

Complete this form and return it to this address, sending it by priority mail:

Department of Public Health
Division of Vital Records
605 W. Jefferson Street
Springfield, IL 62702

Include the original letter from your surgeon (unless the surgeon completed the top part of the form as above) and a certified copy of the name change order, and a check for $15.00 made out to "Vital Records". Additional copies are $2.00 each.


Indiana

(update 2009)

Indiana will issue a new certificate, not amend the old one. The old record will be sealed. Indiana still requires a court order to change the gender on a birth certificate. Send copy of your old birth certificate and an original court order to change name and gender, along with a check for $10 made out to the Indiana State Department of Health, for your new birth certificate.

Mary Keltner (Mary K)
Corrections Supervisor at the Division of Vital Statistics
Indiana State Department of Health (ISDH)
2 N MERIDAN ST Section B4
INDIANAPOLIS IN 46204
1317 233 7515
E-mail: mkeltner@isdh.in.gov


Iowa

From Lambda Legal and the Sylvia Rivera Law Project, 2006:

Iowa changed its birth certificate statute to allow the state registrar to issue a new birth certificate when the state registrar receives a "notarised affidavit by a licensed physician ... stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed." This language recognises that not all Transgender people will complete their transition by having surgery, but that they can still be recognised as the new sex if they have completed whatever treatment is necessary as determined by their doctors.

Iowa will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original or certified copy of the court order for your name change as well as the affidavit from a physician.

Ms Jill France
Chief, Bureau of Vital Records
Iowa Department of Public Health
jfrance@idph.state.ia.us
(515)-281-4944

Kansas

Kansas will issue an amended birth certificate. The following information is required: Affidavit from applicant documenting dressing and living as new gender; documentation of hormone treatment and surgery ("physiological OR hormonal change").

Lorne A. Phillips, Ph.D.
State Registrar and Director
Center for Health and Environmental Statistics
lphillip@kdhe.state.ks.us

Kentucky

Kentucky will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your surgeon, and an original or certified copy of the court order for your name change. Please note that current interpretation (2005) of Kentucky law requires a notarised letter from your surgeon, which can be difficult if your surgery was performed in the past or in another country.

Ms Barbara F. White
State Registrar, Vital Statistics
Department for Health Services
bwhite@mail.state.ky.us

Louisiana

Louisiana will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your surgeon, and an original or certified copy of the order for your name change, which must be approved by the district attorney. If you are married, your spouse must give written consent for the changes.

Mr William H. Barlow
State Registrar and Director
Division of Records and Statistics
wbarlow@dhhmail.dhh.state.la.us

Updated information as of January 2002:

RS 40:62

PART II. BIRTH RECORD AFTER CHANGE IN SEX DESIGNATION

§62. Issuance of new birth certificate after anatomical change of sex by surgery

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.

B. Suits authorised by this Section shall be filed contradictorily against the state registrar in the judicial district court having jurisdiction over the parish in which the petitioner resides or over the parish in which the petitioner was born. A non-resident born in Louisiana shall file the petition in the parish of birth. The suit of any petitioner born in Louisiana shall be filed contradictorily against the state registrar. In the event the petitioner is married, the spouse shall also be a necessary party to the suit. To the extent that the petitioner's name is to be changed, the district attorney shall also be a necessary party. In all cases the petition shall be accompanied by a certified copy of the petitioner's original birth record, in which case the short-form birth certificate card shall not be sufficient.

C. The court shall require such proof as it deems necessary to be convinced that the petitioner was properly diagnosed as a transsexual or pseudo-hermaphrodite, that sex reassignment or corrective surgery has been properly performed upon the petitioner, and that as a result of such surgery and subsequent medical treatment the anatomical structure of the sex of the petitioner has been changed to a sex other than that which is stated on the original birth certificate of the petitioner.

If the court shall find that the evidence sustains the required proof, the court shall render a judgement ordering the issuance of a new birth certificate changing the sex designated thereon from that shown upon the petitioner's original certificate of birth. The petitioner may in the same suit seek to have the name of the petitioner changed, and the court may render judgment in accordance with law upon this additional petition at the same time.

D.(1) A certified copy of the petition and judgment for a new certificate pursuant to this Section shall be furnished to the state registrar of vital records at New Orleans within ten days after the judgment is rendered. The registrar shall issue to the petitioner a new certificate or certified copy thereof; whereupon the original birth certificate and the copy of the petition and judgment received by the registrar shall be sealed in a package and filed in the archives of the vital records registry.

(2) This sealed package shall be opened only upon demand of the individual to whom the new certificate was issued, and then only by order of the court which rendered the judgment ordering the issuance of the new certificate.

Acts 1979, No. 776,§ 1; Acts 1986, No. 876,§ 1.

The state of Louisiana maintains this page telling how to change the sex and name on the driver's license.

Maine

(update 2006)

Maine will change name and sex, and will issue a new birth certificate rather than amend the old one.

Call: 1888 664 9491 or (in Maine) 1207 287 3181 and ask for Form VS-7: "Correcting a Vital Record in Maine." The completed form must be notarised.

Mail the notarised, completed form, along with an original letter from your surgeon, an original or certified copy of the court order for your name change, and a check for $25.00 (made out to State of Maine Dept. of Health and Human Services) to:

State of Maine Dept. of Health & Human Services
Vital Records Section
11 State House Station
Augusta, ME 04333-0011

Maryland

Information direct from Kathryn Morris, Birth Section Chief, DVR:

In order for the Division of Vital Records to change your sex and name on your birth certificate, we require a Court Order indicating that both your name and sex are to be changed. You can most likely obtain an amended Court Order to indicate the correct sex along with your new name. We cannot change the sex on a birth certificate with just a Physicians letter.

[The amended birth certificate does not retain any reference to the original.]

Once you obtain this information, send True Test Copy or Original Court Order to Kathryn's attention at:

Division of Vital Records
P.O. Box 68760
Baltimore, MD 21215-0020
ATTN: Kathryn A. Morris, Birth Section Chief
(410)-764-3145
morriska@dhmh.state.md.us

There is a $12.00 fee for each certified copy of the corrected/changed birth certificate. Checks or money orders should be made payable to the Division of Vital Records.


Massachusetts

Massachusetts will issue an amended birth certificate. You will need an original letter from your surgeon, and an original or certified copy of the court order for your name change. The letter from the surgeon must use the word "completed," not just "performed."

Denise O’Gara
Registry of Vital Records
150 Mount Vernon St.
1st Floor
Dorchester, MA 02125-3105
(617)-740-2679
http://www.state.ma.us/dph/bhsre/rvr/vramend.htm


See MTPC's Gender Marker Change Kit for step-by-step instructions on how to change your Massachusetts birth certificate.


Michigan

Michigan will change both name and sex, and will issue a new birth certificate rather than amend the old one. Michigan law also provides for "sealing" of the old record. For further information, see Michigan Compiled Law 333.2831.

You will need an original letter from your surgeon, and an original or certified copy of the court order for your name change. The fee is $26.00.

Michigan Department of Community Health
Changes Unit
(517)-335-8660

http://www.mdch.state.mi.us/

Ms Carol Getts
State Registrar and Chief
Office of the State Registrar Center for Health Statistics
gettsc@state.mi.us

Minnesota

As of August 2000 the following information applies:

There are essentially 2 ways to amend a birth record. Method one is to provide 2 documents per item being amended that were established at least 7 years ago or more which show the information the way your want it to appear on the birth record. Method two is to provide a court order which specifically directs the birth record be amended for the specific items that are desired to be changed. For either the cost is $20 to amend the record.

Mr Kim W. Jeppesen
Records Management Unit
Office of State Registrar
Center for Health Statistics
(612)-676-5128
Fax: (612)-676-5667

Mississippi

Mississippi will NOT issue a new birth certificate. Mississippi will issue an amended birth certificate with the new name and gender typed in the margin, but the old name and gender remain unchanged. Vital records requires a court order for name change, a medical statement attesting to the reassignment ("irreversible changes to sex" is sufficient), and the required fee ($25.00). Please note that even if a court order is for both name and gender marker change, a physician's letter must be included as well.


Vital Records
State Department of Health
2423 North State Street
P.O. Box 1700
Jackson, MS 39215
(601)-576-7960
Fax: (601)-576-7505
Ms Nita Gunter
State Registrar and Director
Public Health Statistics
ngunter@msdh.state.ms.us

Missouri

Missouri will issue an amended birth certificate. You will need an original or certified copy of the court order for the name change "if the name is 'typically' used for the opposite sex." There is a $15 charge for the change and another $15 for each copy.

Updated, 2006:

You must have a court order for legal name change (original or certified copy) AND a court order to change gender (original or certified copy). It can take 4 to 5 months to amend and receive the copies. Checks can be made to:

Missouri Department of Health and Bureau of Vital Records
PO Box 570
Jefferson City, MO 65102
(573)-751-6378

Montana

Montana will issue an amended birth certificate, but the item(s) amended are not designated.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change.

Debra M. Fulton
Acting State Registrar and Acting Chief
Bureau of Vital Statistics
defulton@mt.gov

Nebraska

Nebraska will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change.

Stanley S. Cooper, M.S., Ph.D.
Service Administrator
Health Records Management Section
doh7151@vmhost.cdp.state.ne.us

Nevada

Nevada will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your surgeon, and an original or certified copy of the court order for your name change.

Emil DeJan
Bureau Chief, Health Planning and Statistics
Office of Vital Records
edejan@govmail.state.nv.us

New Hampshire

New Hampshire will change both name and sex, and will issue a new birth certificate rather than amend the old one.

New Hampshire now requires a document of a court-ordered legal sex change....just a surgeon's letter is not enough. They made this change in Nov 2001.

NH State Vital Records Code 7007.03(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."

You will also need an original or certified copy of the court order for your name change.

Ms Karen Grady
State Registrar and Chief
Bureau of Vital Records and Health Statistics
kgrady@dhhs.state.nh.us

New Jersey

Update as of September 2006: An "amended" birth certificate was issued, not a new one, and the fee was $27.00, not $6.00. Former instructions below:

New Jersey will change both name and sex, and will issue a new birth certificate rather than amend the old one.

Updated New Jersey information as of June 2005:

Changes such as we require are handled by the Modification Unit and are accepted ONLY by mail. YOU CANNOT DO THIS IN PERSON AS BEFORE.

Along with the letter requesting the change you must submit the following:

  • Application fee of $27.00 US in the form of Personal Check or MO made out to New Jersey State Treasurer.
  • A seal copy of the court order of the name change.
  • A NOTARISED Copy of the Surgeon's Letter.
  • Your original birth information. It can be hand written including Date, Place (Municipality), Parents. (Or it may be a copy of a Birth Certificate.)
  • Return Address and Phone number.

Mail to:

New Jersey Department of Vital Statistics
P.O. Box 370
Trenton, N.J. 08625
Attn: Modifications Unit

Updated New Jersey information as of November 2002:

The filing fee for the name change was $175.00, and I had to post an ad in the local paper, once prior to the judgement being rendered, and once after. I paid I believe about 45 dollars for the both ads to run. There is a fee of $5.00 for each copy of the rendered judgement to be sealed, and the seal is essential for it to be used to change other documents. The document also has to be registered with the State, and that is an additional $50.00 fee. As far as the gender change, one contacts the State Dept. of Health to petition the gender change, and you can include the court order only after it's validated by the state. A simple letter however from the surgeon doesn't suffice, what they required in my case was a notarised copy of the actual surgical report. Changing the driver's license also requires proof of surgery having been performed.

State of New Jersey
Department of Health
P.O. Box 370
Trenton, NJ 08625
Attention: Corrections Unit
Mr Don Lipira
State Registrar
Vital Statistics and Registration
dll@doh.state.nj.us

New Mexico

New Mexico will change both name and sex, and will issue a new birth certificate rather than amend the old one. The old information will be "sealed" and cannot be opened without a court order.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change. The fees are $10.00 for changing the information, and another $10.00 for a new certificate.

Vital Records and Health Statistics Bureau
1105 St. Francis Dr.
Santa Fe, NM 87503
(505)-827-0121 or (505)-827-2338
Fax: (505)-827-1751
Ms Celine Sanchez
State Registrar
Bureau of Vital Records and Health Statistics
csanchez@health.state.nm.us

New York City

New York City has its own separate Bureau of Vital Statistics. New York City will issue a new birth certificate rather than amend the old one.

NOTE: The new birth certificate will list the new name but will not have a listing for sex at all. That section is simply omitted.

You will need:

  1. Court order granting name change (original or certified copy)
  2. Detailed surgical operative letter from surgeon
  3. Post-operative examination signed by a physician other than surgeon
  4. Post-operative psychiatric evaluation (??)
  5. $15
  6. Copy of valid photo ID
Edna Timbers
etimbers@health.nyc.gov

or:

Steven Schwartz, Ph.D.
Registrar and Director
Office of Vital Statistics and Epidemiology
sschwart@dohlan.nycnet.ci.nyc.ny.us

New York State

See the 2006 update on the Transsexual Road Map site: http://www.tsroadmap.com/reality/name/new-york-birth-certificate.html

New York State will change both name and sex, and will issue a new birth certificate.

New York requires more documentation than most states. You must first complete an application which can be obtained from the following address:

State of New York
Department of Health, Vital Records Section
Corning Tower
Empire State Plaza
Albany, NY 12237

Return the completed application, with fees as indicated on the application, and the following documents (all "original or certified copy"):

  • The court order for name change, bearing the court seal, certified by the clerk of the court. Certified proof of publication is also required. The court order must include original name, date and place of birth.
  • The letter from your surgeon, specifying date, place, and type of procedure.
  • The actual OPERATIVE REPORT from your surgery
  • A letter from your primary therapist "documenting true transsexualism or inappropriate sexual identification."
  • A letter from your endocrinologist or other medical physician "concerning hormonal, chromosomal or endocrinological information."

Once these documents are received, a "medical review" will be performed, and your new certificate issued. Processing takes approximately three months. One certified copy will be provided following the amendment; any additional copies are $15.00 each.

Mr Peter Carucci
Director
Vital Records Section
pmc02@health.state.ny.us

Updated information June 2002 for New York State:

It turns out that NYS has two different forms of birth certificate:

  1. A regular "Certificate of Birth" that contains your name, sex, date of birth, time of birth, county/city/town of birth, parent's names, ages and social security numbers, mother's maiden name and address at the date of birth, whether this was a twin birth, etc.
  2. A much shorter "Certification of Birth" that the Dept of Vital Stats internally calls the "short form", which only contains your name, sex, county/city/town of birth, and date of birth.

The "short form" isn't mentioned anywhere in the paperwork, but is available by simply asking for the "short form" (it costs the same $15 as the long form) when ordering. The short form carries an impressed seal and serves as a legally valid birth certificate just as well as the long form.

The New York State short form can be very useful in cases where both first and last name were legally changed - because it eliminates the incongruity of the child on the certificate having a different last name from the parents (it is also useful in cases where the "father is unknown", etc). Quite a few post-op people face this problem, which causes unwanted outings if they ever need to use a regular birth certificate.

North Carolina

North Carolina will change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change.

See Statute 130A-118: http://www.ncga.state.nc.us/statutes/statutes_in_html/chp130a.html

Ms Patty N. Raper
Assistant State Registrar
State Center for Health and Environmental Statistics, DEHNR
patty.raper@ncmail.net

North Dakota

North Dakota will issue an amended birth certificate. You will need an original or certified copy of the court order for the name change, and an original letter from your SRS surgeon.

Mrs Beverly R. Wittman
Deputy State Registrar for Vital Statistics and Director
Division of Vital Records
bwittman@state.nd.us


Ohio

Ohio will NOT change sex on the birth certificate. Name change can be done through the Division of Vital Records with a court order. This, however, does not amend the original birth certificate. An "abstract copy" will be created with a court order, and if you request by name this "abstract copy" you will receive an attached statement with your new name.

There is now a state-wide process for changing the sex marker on your Ohio driver's license. See http://www.transohio.org/wordpress/?page_id=604.


Oklahoma

Oklahoma will issue an amended birth certificate. You will need an original letter from your SRS surgeon. A court order is not required.

What you need to send:

  1. A letter to the Oklahoma Office of Vital Records stating that you want to amend your birth certificate. Tell them what the amended parts should be. Also include your full name at birth, date of birth, city/county, father’s full name, mother’s full maiden. Sign the letter. $10 for the first amended certificate.
  2. Letter from the surgeon who performed the reassignment.
  3. Court order for name change and gender change. (This can be with one court order or two) The court order(s) must contain your birth name, date of birth, and city/county of birth.

If you have questions, contact Lucinda at (405)-271-5615, at the Oklahoma Office of Vital Records.

PLEASE NOTE: "Long form" (one-page) certificates are only available for amendments that occurred in certain years OR if your father's name was added to your birth certificate AFTER you were one year old. (Per conversation September 10, 2009).

Oregon

Oregon will change both name and sex, and will issue an amended birth certificate, without any designation of what has been amended.

Updated information as of November 2002:

Contact Oregon Vital Records at this link.

The telephone contact is (for now at least) Becki at (503)-731-4268. Send a copy of the name change court order and surgeon's certification along with $40 to

Oregon Vital Records
PO Box 14050
Portland, OR 97293-0050
Attn: Becki

The requirement for the gender change on birth certificates requires a court ordered gender change, which can be done by crossing out the word “name” and inserting “gender” on the court “Name change” form.

I would suggest that anyone planning on doing this call for the correct person as the job does move around. A good referral is the department manager, (503)-731-4416.

Pennsylvania

Pennsylvania will change both name and sex, and will issue a new birth certificate with no mention of being amended. The original birth certificate is amended and "sealed" so that it is unavailable to the public.

Web site: http://www.health.state.pa.us/vitalrecords

You will need an original letter from your surgeon, and an original or certified copy of the court order for your name change. The fee is $10.00, but there is no fee for military veterans.

Mail to this address:

Emily A. Berg, Supervisor
Vital Records
101 S. Mercer St.
New Castle, PA 16101
(724)-656-3331
Fax: (724)-656-3153

With your materials, include your date and county of birth. "Please send the certified court order change of name as well as your incorrect birth certificate. We also need a letter from your doctor stating sex reassignment surgery has occurred and you are now functioning in the newly assigned gender."

Please note that some respondents report that Pennsylvania kept their original letter from the surgeon and will not return it.

Rhode Island

Rhode Island will issue an amended birth certificate, with a note designating the change of name. The change of sex is not marked as a change on the amended certificate.

A court order is not required. You will need an original letter from your surgeon.

Ms Roberta A. Chevoya
State Registrar and Chief
Division of Vital Records
chev100w@wonder.em.cdc.gov

South Carolina

South Carolina will NOT issue a new birth certificate. They will send a "card" that can be attached to the old birth certificate, indicating change of name and sex.

They require an original court order for the name change and a letter from your surgeon. The fee is $39.00.

Bureau of Vital Statistics
Dept. of Health and Environmental Control
J. Marion Sims Building
2500 Bull St.
Columbia, SC 29201
(803)-898-3630
Mr Murray B. Hudson, M.P.H.
Assistant State Registrar and Director
Office of Public Health Statistics and Information Systems
hudsonmb@columb20.dhec.state.sc.us

South Dakota

(update 2006)

Vonda Abbott, Secretary, Office of Data, Statistics, and Vital Records
South Dakota Dept. of Health
600 East Capitol Ave.
Pierre, SD 57501-2536
http://www.state.sd.us/doh
(605)-773-4961
Fax: (605)-773-5683

According to ARSD 44:09:05:02 any amendment of a surname, first and middle name when affidavit already has been filed or any information on a deceased persons vital record requires an order from a court of competent jurisdiction. When such an order has been obtained, please send a certified copy of it to this office. The following are the requirements regarding a court order name change.

  1. The court order must order the South Dakota Department of Health or Vital Statistics to prepare the birth record to reflect the change.
  2. There must be enough information in the court order to identify the birth record as it is now such as: Name on the birth record, date of birth, mother's maiden name
  3. The court order must list the incorrect data as it is listed on the record. Name, Gender
  4. The court order must have the correct data, as it should appear. Name, Gender
  5. The court order must be certified.

If you are a member of a Native American tribe: (If applicable) If the court order does not state parent or child is a member of a tribe, the following is the requirement:

The Attorney General's Office has advised that tribal court orders for name changes are acceptable if the tribal court has jurisdiction. Tribal membership will determine jurisdiction in these cases.

  • A notarised document that proves membership of parent or child to a tribe.

You may want to seek legal counsel. The following is the State Bar of South Dakota attorney referral number: 1-800-952-2333. The fee to prepare the birth record is $8.00 for the amendment. In addition, if you wish to obtain a certified copy of the birth certificate you must complete the SD application form with the statutory fee of $10.00. If you have previously purchased a certified copy of the birth certificate we will exchange for no additional charge, but you must complete the application form for all orders.

Tennessee

Tennessee will NOT change the sex designation on the birth certificate.

Tennessee will issue an amended birth certificate with the old name visibly struck over and the new name typed above it. You will need an original or certified copy of the court order for your name change.

Texas

Updated Information as of 2006

(Note: it may be worth the expense to have an attorney handle the TX procedure for you.)

Go to http://www.dshs.state.tx.us/vs/reqproc/amendment.shtm and open Form VS-170, it's in PDF format.

Print it out and fill it out.

You will need to send the following documents:

  1. Filled out form VS-170
  2. Original court order for your name and gender change (one that has the original stamp on it; if you have only one copy, get another one first from the court)
  3. A notarised copy of your letter from your surgeon
  4. A photocopy of your driver's license
  5. Applicable fees in money order, as listed on the website

Send it to the following address:

Texas Vital Statistics
Department of State Health Services
1100 W. 49th Street
Austin, TX 78756-3191

You HAVE to send this by UPS or FedEx; they will not accept it from the USPS (regular mail) and only expedited service. Don't send it to the PO Box address; it will take 2 to 3 months for them to start on it. They will send it back via Express mail or UPS.

Their phone number is 1-888-963-7111.

Keep calling them to find out the status of your request.

Expect to get different answers from different people.

This is, of course, NOT a guarantee that you will get your birth certificate amended, but this is how others have done it.

Good luck!

Please note: Although there is apparently no official policy change, there are areas of Texas where the officials are simply refusing to follow the listed procedure. This has been going on since the Littleton case was decided by the Texas supreme court. At this time you may not be able to change your Texas B.C., but some persons as of summer 2006 are successful by hiring an attorney to take them through the process.

Formerly, Texas would change both name and sex, and will issue a new birth certificate rather than amend the old one.

You will need an original or certified copy of the court order for your name change AND your sex change (court order for both), and an original letter from your surgeon. You must enclose a copy of the old birth certificate, and specify exactly what you want changed. The fees are $15.00 to file, $15.00 for changing the information on the birth certificate, and $11.00 for each copy of the new birth certificate.

Debra Owens or Sandra Cooper
State Registrar
Bureau of Vital Records and Health Statistics
(512)-458-7366


Utah

Utah will issue an amended certificate, changing both name and sex, and the certificate will not reveal which items were changed.

You will need original or certified copy of a court order for your name change and a court order for your change of sex designation. These court orders can be from any U.S. State or from Canada.

Mr Barry E. Nangle
Director
Bureau of Vital Records
hlvr.bnangle@email.state.ut.us


Vermont

Vermont will issue an amended certificate, changing both name and sex.

You will need original or certified copy of a court order for your name change and a court order for your change of sex designation. The court will probably require documentation from your surgeon.

Note: As of 18 May 2011, surgery is no longer necessary to change the sex on your Vermont birth certificate. The bill, signed by Governor Peter Shumlin on 18 May 2011 and effective immediately, states that “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”.

Although some other states allow gender changes without proof of surgery in their policies, Vermont is the very first to have clear language in its statute that makes clear surgery is not necessary to update one’s birth certificate.


Virginia

Virginia will issue a new birth certificate as of 2005:

12 VAC. 5-550-320. Change of Sex.

Except as provided in 12VAC 5-550-450-C upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure), and a notarised 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.

Washington

Washington State will issue a new birth certificate for name and/or gender changes (after surgery has been completed).

Here's what they need:

  1. A letter signed by the doctor performing the surgery (on hir letterhead) which is also witnessed by a Notary Public stating that the surgery has been done.
  2. A certified copy of the Name Change Order
  3. Birth info: parents' names, date and place of birth; original birth name (we can probably just send a copy of the birth certificate)
  4. Address where they should send the new birth certificate (takes 2 to 3 weeks to process)
  5. $20 check or money order for the fee -- to Department of Health.

Mail all to:

Department of Health
Attn: Legal Name Change
P.O. Box 9709
Olympia, WA 98507-9709

West Virginia

West Virginia will change both name and sex, and will issue an amended birth certificate with the old name struck over and the new name and sex typed in the margin.

You will need an original or certified copy of the court order for your name change, and an original letter from your surgeon.

Wisconsin

Wisconsin will change name and sex on the birth certificate. You will need a certified copy of your Court Order for Name Change as well as a certified copy of a Court Order for change of gender (two separate court orders). You will need a signed, dated, notarised letter from your surgeon confirming the date of the procedure. The surgeon should include your name, date of birth, date of surgery, type of surgery (male-to-female or female-to-male), and where it was performed. Finally, you will need your original birth certificate or a certified copy.

Hal Hart
Special Records Lead Worker
Vital Records Section
Bureau of Health Information & Policy
Division of Public Health
1 West Wilson Street, Room 158
Madison WI 53702
(608)-267-0914

Another Wisconsin correspondent gives additional information on having your old birth certificate "impounded":

Write a letter addressed to:

Vital Records Office
1 West Wilson St., Box 309
Madison, WI 53701-0309

At the time of this writing, the contact person was Hal Hart. Explain that you are transsexual and seek to amend your name and sex and have the original birth record impounded. They will send you a form called: Report of Order to Change Name & Sex on Birth Certificate Due to Surgical Sex-Change Procedure (Form DOH 5035). This form can be used by any state to order information on a Wisconsin birth record to be changed. Remember, your current state of residence may have their own rules as to what they are authorized to order another state to change on a birth record. You will need to check state law yourself or contact your courthouse or legal advisor.

Fill out Form DOH 5035 exactly as specified, making sure that you mark the box that orders the birth certificate be "Impounded and a new birth certificate shall be created for the registrant."

If your state of residence allows ordering the record to be impounded, you can get the order certified where you live (otherwise, you should see about returning to Wisconsin and doing it in person). Go to your county courthouse, where the Clerk of Court or Deputy can assist you in preparing the proper forms. It is very likely you will have to pay a fee, and it is also likely you will need to appear before a judge. The cost for the appearance will vary significantly: I paid $221 in my state.

Appear in court. You can represent yourself in court (pro se) or have a lawyer help. You should consider having a lawyer or Trans friend who has been through this help you if you are uncomfortable filling out forms yourself. You will probably have to fill out a cover sheet, a complaint, and an order.

Everyone I encountered at my local courthouse, including the judge, had never done one of these before, and they process almost 20,000 cases a year. I recommend coming in with all of the necessary information. Below is the text of the Complaint and Order I wrote out on the spot, which worked fine.

Complaint

I, [full name], seek to amend the name and sex on my birth certificate to reflect my Court Order for Name Change and to reflect my surgical sex reassignment to female. I also seek to have the original birth record impounded as allowed under Wisconsin law. I ask the Court to grant relief in this complaint by ordering the Clerk of Court to certify the Report Of Order To Change Name & Sex On Birth Certificate Due To Surgical Sex-Change Procedure.

Order

In this case which came today, Plaintiff testified under oath in the complaint.

Relief in this complaint was granted after presentation of a notarised letter dated [date on letter] from [surgeon], M.D., confirming that he performed surgical sex change on the Plaintiff on [surgery date].

The Wisconsin Department of Health and Family Services is directed, upon receipt of appropriate fees, to make the following changes on this birth record:

  1. Amend the name as specified on Form DOH 5035 to read [new name]
  2. Amend sex to read female [or male, as appropriate]
  3. Impound the old record and create a new birth certificate for the registrant.

The Clerk of Court is so ordered to certify the Order To Change Name & Sex On Birth Certificate Due To Surgical Sex-Change Procedure.

Return the form imprinted with the court seal along with the appropriate fees. In 2001, the fee was $20 to create a new birth record. A certified copy was $12 for the first and $2 for each copy ordered at the same time.

It is not recommended to trust this document to standard US Mail. If you plan to overnight any information through a service that will not deliver to a mailbox, you can send it to:

Vital Records Office
1 West Wilson Street, Room 158
Madison, WI 53702
(608)-267-7821

Processing usually takes two to four weeks.

RELEVANT LAW (subject to change):

Wisconsin Statutes: http://folio.legis.state.wi.us/ (click on the link to Statutes)

Wyoming

Wyoming will issue an amended certificate. The certificate will specify the birth name and the birth gender, unless you can obtain a court order mandating a new certificate be created.

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