The State of New York has made it easier for transgender individuals to change their gender on their birth certificates. Under previous laws, New York required transgender individuals to provide proof of sex-reassignment surgery in order to change their name on their birth certificate.
There are many transgender individuals who choose to undergo sex-reassignment surgery but still want to change their gender on their birth certificates. When correcting a birth certificate in New York, the state will issue an updated birth certificate once an applicant supplies a medical affidavit stating they have received clinical treatment.
If an individual is seeking to change the gender on their birth certificate or change the gender on their passport, they should consult with a New York attorney.
What Is a Birth Certificate?
Birth certificates are legal identification documents. They are mandatory documents that are printed and completed for all births in the U.S.
The information that is listed on the majority of birth certificates reflects the details of birth certificates in other countries.
An informational birth certificate is not considered to be certified or official. An informational birth certificate will typically contain the following details:
- The child’s name;
- Each parent’s name;
- The time and date of the child’s birth;
- The city, county, and state in which the child was born; and
- The child’s foot and handprints.
A certified copy of a birth certificate will contain more details related to the child’s birth. It also serves as an official birth record.
Certified birth certificates are issued by state records offices. They are legal documents that may be used as forms of identification.
A certified birth certificate can also be used to obtain the following forms of identification:
- Driver’s license;
- Passport;
- Social security card; and
- Marriage license.
In order to be an authorized birth certificate, the following information must be included:
- The child’s full name, spelled accurately, including their first, middle, and last name;
- The city, state, and country where the birth occurred;
- The date and time of the birth;
- The child’s sex as assigned by the physician at birth;
- Details about the birth, such as if the child was born single or as a twin, etc.;
- The father’s full name;
- The father’s birth date, in addition to the location of his birth;
- The mother’s full name, including her maiden name;
- The mother’s birth date, in addition to the location of her birth; and
- The city, state, and country of residence where the child’s birth parents reside.
What Are the Steps to Change Your Gender on a Birth Certificate in New York?
After a sex change, an individual has to file many legal changes to reflect their new identity, including obtaining a new birth certificate. In the State of New York, the state will issue a new birth certificate that reflects an individual’s proper sex.
In order for an individual to modify their gender on their birth certificate in New York, they have to submit the Birth Certificate Correction Application Form, which requires:
- Name;
- Date of birth;
- Parents’ names on the existing birth certificates;
- Place of birth;
- Type of change requested;
- Corrected gender; and
- Name change, if applicable.
An individual must also submit the following two documents:
- Certified Copy of Current Birth Certificate or Notarized Affidavit Confirming Age: Both of these documents must confirm that the applicant is 18;
- Notarized Affidavit of Gender Error: The applicant needs to submit a document confirming they have been living in their correct gender before submitting their application.
The applicant also has to submit one of the following:
- Proof of sex reassignment surgery: This includes a notarized affidavit from either a doctor, a nurse practitioner, or a physician’s assistant confirming that the applicant underwent sex reassignment surgery;
- Proof of clinical treatment: This includes a notarized affidavit from a doctor, nurse practitioner, or a physician’s assistant, along with their medical license number, on their letterhead that states the applicant has undergone treatment after being diagnosed with:
- Gender Dysphoria;
- Transsexualism.
Where Do I File the Paperwork?
Once an applicant has completed all of the required forms, those forms must be mailed to:
New York State Department of Health
Director of Vital Records
Personal and Confidential
800 North Pearl St, 2nd Floor
Albany, NY 12204
If an applicant is filing while they are in prison, they have to submit their paperwork through the state legal system to be reviewed by a court. If the applicant is also filing for a name change, they are required to fill out separate paperwork and petition for a court order to change their name.
The applicant must also mail a check for any required fees along with their application.
How Much Does It Cost to Change a Gender in a Birth Certificate?
There is a $40 processing fee to change information on an individual’s birth certificate. If an individual also wants a copy of their amended certificate sent to them, it costs $55.
Where Can I Obtain My Birth Certificate? How Can I Obtain My Birth Certificate?
If an individual needs to obtain their birth certificate, there will likely be an official certificate of their birth in the locality in which they were born. Because these are state records, they should be located in the state’s vital statistics office or a similar local office.
There are numerous reasons why an individual may need to obtain a copy of their birth certificate. Two common reasons include if the birth certificate is lost or stolen.
It is important for an individual to have a copy of their birth certificate for any of the following reasons:
- Applying for or renewing miscellaneous government-issued identification documents;
- Applying for social security benefits;
- Applying for a social security card;
- Joining the military;
- Claiming pension or insurance benefits;
- Applying for various other memberships, credit cards, and other items; and
- Registering for school, among others.
If an individual is seeking their birth certificate in New York, they should contact New York State Vital Records by telephone, toll-free, at 855-322-1022. An individual may also be able to find information online about how to request a copy of their birth certificate as well as the fees they will need to pay.
Who Keeps Track of Birth Certificates?
Every state has its own Department of Vital Statistics that holds important records for the state, including:
- Birth and death certificates;
- Marriage licenses;
- Divorce records.
The National Center for Health Statistics (NCHS) works with states to collect birth statistics into the National Vital Statistics System. This project provides information on birth certificates collected through standard forms created by authorities to collect relevant birth data.
The NCHS and the states share the expenses for providing such data for national use. Birth certificates are issued at the state level.
Every state is legally bound to report all annual vital statistics data to the federal government. A child may be born to American parents while they are overseas. If so, the United States Department of State is responsible for collecting that information.
Do I Need Help From a Lawyer?
If you are seeking to change the gender on your New York birth certificate, it is important to consult with a New York family lawyer. Your lawyer can help you throughout the process of changing your birth certificate and obtaining your new one.
Your attorney can ensure that your paperwork is properly completed so the process will not be delayed. Your attorney can also advise you on what steps to take if your application for changing your gender has been rejected.
