How to Change Gender on Birth Certificates for Transgender Individuals

Changing one’s gender on a birth certificate is often a significant step for transgender and non-binary individuals. This change not only reflects and acknowledges their gender identity but also provides practical advantages. An accurate birth certificate can help reduce instances of gender identity discrimination, especially in contexts where identification is required.

Additionally, it can simplify processes that require ID verification, like job applications, opening bank accounts, and accessing various services:

• Consistency in Identification: With all identification documents reflecting the same gender, there’s less room for confusion or questioning when presenting these IDs. It helps ensure that the individual’s passport, driver’s license, and other identification forms match their birth certificate, creating uniformity across documents.
• Reduced Risk of Discrimination: When ID documents are inconsistent with one’s presented gender, it can unintentionally out someone as transgender. This can lead to unintended consequences, such as bias, prejudice, or outright discrimination, especially in places or situations where attitudes toward transgender individuals might be less than favorable.
• Easier Hiring Processes: For job applications, HR departments often conduct background checks. Discrepancies between gender presentation and official documents can lead to unnecessary complications or delays. A consistent gender marker across all documents reduces these potential hitches.
• Avoiding Awkward Explanations: No one wants to repeatedly explain deeply personal aspects of their life to strangers, especially not in routine situations like setting up a bank account or accessing services. Having consistent identification removes or reduces the need for such explanations.
• Ensuring Access to Gender-Specific Services: Some services or facilities may be gender-specific. Having identification that matches one’s gender identity ensures that individuals can access the appropriate services without contestation.
• Enhanced Personal Safety: Transgender and non-binary individuals sometimes face threats to their personal safety, especially when their transgender status is disclosed without their consent. Having all identification documents consistent with their gender presentation can reduce the likelihood of such involuntary disclosures.
• Streamlined Legal and Administrative Processes: In situations where legal documentation or verification is required, such as during property purchases, inheritance claims, or even marriage registrations, having consistent gender markers across all identification documents minimizes bureaucratic red tape. Authorities and officials can process such transactions or verifications more swiftly when there’s no discrepancy in the records, thereby reducing administrative delays and potential legal complications.

In essence, when identification documents, including the birth certificate, align with an individual’s presented gender, it reduces bureaucratic complications, enhances personal privacy, and fosters smoother social interactions in many facets of daily life.

Policy Differences Between the States

State requirements for changing gender on a birth certificate can vary considerably across the U.S. While some states might have progressive policies that make it relatively straightforward to amend a birth certificate, others could have more stringent requirements or even prohibit the change altogether.

In some states, applicants may be required to provide proof of gender transition, such as medical documentation or affidavits from medical professionals. Others might only require a declaration from the individual affirming their gender identity.

Here are some examples of how different states handle this issue:

• Illinois: Effective July 1, 2023, an amendment to state law allows people to change the gender on their birth certificate by signing a statement affirming their gender designation or intersex condition. They do not need to provide any medical proof or undergo any surgery or treatment. They can also choose a gender-neutral option on their birth certificate.
• New York: Starting from January 9, 2023, the rest of New York State joins New York City in allowing gender-neutral options for vital records. People can change the gender on their birth certificate by submitting a form with a notarized statement from themselves or a licensed health care provider attesting to their gender identity. They can also choose an “X” gender marker on their birth certificate.
• Oklahoma: On April 27, 2022, Oklahoma passed a new law that forbids non-binary gender markers on birth certificates in the state. The law takes immediate effect and only recognizes a person’s gender by the sex assigned at birth: male or female. The law also bans transgender and non-binary people from accessing single-sex spaces.
• Vermont: On July 1, 2022, Vermont signed a bill to let parents choose the non-binary gender in the newborns’ birth certificates. The bill also allows adults to change the gender on their own birth certificate by filling out a form and paying a fee. They do not need to provide any medical documentation or court order. They can also choose an “X” gender marker on their birth certificate.
• Alabama: Alabama does not allow any changes to the gender marker on a birth certificate, regardless of any medical or legal evidence. The only exception is for people who were born with ambiguous genitalia and had corrective surgery before the age of two. Alabama is one of the few states that still follows this restrictive policy.
• Colorado: Colorado allows people to change the gender on their birth certificate by submitting a form with a notarized statement from themselves or a licensed health care provider attesting to their gender identity. They can also choose an “X” gender marker on their birth certificate. Colorado also allows people to change their name and gender on other identification documents without a court order.
• Hawaii: Hawaii allows people to change the gender on their birth certificate by submitting a form with a notarized statement from themselves or a licensed physician confirming their gender transition. They can also choose an “X” gender marker on their birth certificate. Hawaii also allows people to change their name and gender on other identification documents without a court order.
• Texas: Texas does not have a clear or consistent policy for changing the gender on a birth certificate. Some courts may grant orders to amend the gender marker based on medical evidence, while others may deny them. There is no option for a non-binary or “X” gender marker on a birth certificate in Texas. Texas also requires a court order to change the name and gender on other identification documents.

As you can see, there is a lot of variation and complexity in the state policies for changing gender on a birth certificate.

Birth Certificate Laws in California

California has been recognized for its progressive stance on transgender rights. The state allows individuals to change their gender on their birth certificate without undergoing surgery. In recent years, California has also introduced a non-binary option (“X” gender marker) for those who don’t identify strictly as male or female.

To initiate an application to change the gender on a birth certificate in California, individuals generally need to fill out the necessary forms and may need to provide an affidavit affirming their gender identity, but medical proof of transition is not required.

Where to Find the Right Lawyer?

If you’re considering changing your gender marker on your birth certificate or facing gender identity discrimination, it’s essential to consult with a knowledgeable attorney who can guide you through the legal processes and protect your rights.

LegalMatch is an excellent platform to help you find a family lawyer suited to your needs. Simply submit your case, and LegalMatch will connect you with experienced attorneys in your area who can assist you with your legal concerns. There is no fee to submit your case details.