Statute: Ala. Code § 22-9A-19(d) (2004).

Text: (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.

Notes: Amended birth certificates will note that the sex designation has been changed.

Summary: Alabama will issue a birth certificate reflecting the proper sex.

Statute: Ariz. Rev. Stat. § 36-337 (A)(3) (2006).

Text: A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following: . . .

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.

(b) A written statement by a physician that verifies the sex change operation or chromosomal count.

Summary: Arizona will issue a birth certificate reflecting the proper sex.

Statute: Cal. Health & Safety Code § 103426 (2018).

California will issue a new birth certificate when an applicant submits to the State Registrar an affidavit that, pursuant to Cal. Health & Safety Code §103430(a), contains the substantially 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." There is a $23 fee for a new birth certificate, pursuant to Cal. Health & Safety Code 103725.

Summary: California will issue a birth certificate reflecting the proper sex.

Statute: Conn. Gen. Stat. § 19a-42 (2003).

(a) … Only the commissioner may amend birth certificates to reflect changes concerning parentage or gender change. Amendments related to parentage or gender change shall result in the creation of a replacement certificate that supersedes the original, and shall in no way reveal the original language changed by the amendment. …

See also Conn. Gen. Stat. § 19a-42b (specifying procedure for changing out-of-state birth certificates for Connecticut residents); Conn. Agencies Regs. § 19a-41-9(e) (procedure for changing Connecticut birth certificates).

Summary: Connecticut will issue a birth certificate reflecting the proper sex.

D.C. Code Ann. § 7-217 (d) (2013), as amended by JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, D.C. Law 20-37 (effective Nov. 5, 2013)

Text: “Sec. 11a. New certificates of birth for change of gender designation.

“(a) The Registrar shall establish a new certificate of birth that reflects the new gender designation and, if applicable, the new name of an individual born in the District upon receipt of the following documents:>

“(1) A written request, signed under penalty of law, for a new certificate of birth with a gender designation that differs from the gender designated on the original certificate of birth, from the individual or, if the individual is a minor, the individual’s:

1. “(A) Parent;
2. “(B) Guardian; or
3. “(C) Legal representative;

“(2) A statement, signed under the penalty of law, by a licensed healthcare provider who has treated or evaluated the individual, stating that:

1. “(A) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or
2. “(B) The individual has an intersex condition, and that in the healthcare provider’s professional opinion, the individual’s gender designation should be changed; and

“(3) If a change of name listed on the certificate is also being requested, an original or certified copy of an order of a court of competent jurisdiction granting a change of name.

“(b) The Registrar shall establish, upon request, a new certificate of birth reflecting the new gender designation, new name, or name as previously amended, in these additional circumstances:

1. “When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous name change and seeks a change of gender designation;
2. ““When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous change in gender designation.

(d) Section 18(d) (D.C. Official Code § 7-217(d)) is repealed.

Summary: The District of Columbia will issue a birth certificate reflecting the proper sex.

Statute: Ga. Code Ann. § 31-10-23(e) (2005).

Text: (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.

Summary: Georgia will issue a birth certificate reflecting the proper sex.

Statute: Idaho Code § 39-250 (2005).

Administrative Code: Idaho Admin. Code § 16.02.08.201 (2006).

Notes: As of April 6, 2018, people who were born in Idaho can apply to change the indicator of sex on their birth certificate to match their gender identity.  Medical documentation is not required to change the sex; however, a court order granting name change is required to change the name of the person listed as the child on the birth certificate.  After a valid application isreceived and reviewed, the Idaho Bureau of Vital Records and Health Statistics will create a replacement birth certificate.  The new certificate will not show that the gender or name has been changed.  The original birth certificate will be placed in a sealed file that can only be opened by an Idaho court order.

Summary: Idaho will issue a birth certificate reflecting the proper sex. This policy changed on April 6, 2018 after a court ordered Idaho to issue accurate birth certificates. Instructions and forms are linked on this webpage: http://healthandwelfare.idaho.gov/Health/VitalRecordsandHealthStatistics/Legal/tabid/1507/Default.aspx

Statute: Ind. Code Ann. § 16-37-2-10(b) (2006)

Notes: Indiana has a general statute providing for the change of information on birth certificates. The Vital Statistics Division will issue an amended birth certificate upon showing of a court order.

Summary: Indiana will issue a birth certificate reflecting the proper sex.

Statute: K.S.A. § 65-2422c (2009).

Text: Minor correction of records. The secretary may by regulation prescribe procedures for making minor corrections to certificates or records.

Administrative Code: K.A.R. § 28-17-20 (b)(1)(A)(i) (2009).

Text: (i) The items recording the registrant's sex may be amended if the amendment is substantiated with the applicant's affidavit that the sex was incorrectly recorded or with a medical certificate substantiating that a physiological or anatomical change occurred.

Controlling case law: In re Estate of Gardiner, 29 Kan. App. 2dn 92 (2001). (interpreting K.S.A. § 65-2422c  as only permitting “minor changes” to birth certificates and stating that this does not encompass correction of sex on birth certificates of individuals who have changed their sex by surgical procedure thus invalidating K.A.R. § 28-17-20 (b)(1)(A)(i)).

Summary: Kansas will not issue a birth certificate reflecting the correct sex.

Statute: La. Rev. Stat. Ann. § 40:62 (2006).

Text: (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.

Summary: Louisiana will issue a birth certificate reflecting the proper sex.

Statute: Md. Code Ann, [Health - Gen.] § 4-211 (2015).

Text: (b) Except as provided in subsection (d) of this section the Secretary shall make a new certificate of birth for an individual if the Department receives satisfactory proof that: (2)(i) A licensed health care practitioner who has treated or evaluated the individual has determined that the individual’s sex designation should be changed because the individual has undergone treatment appropriate for the purse of sex transition or has been diagnosed with an intersex condition.

Summary: Maryland will issue a birth certificate reflecting the proper sex.

Statute: Mich. Comp. Laws Ann. § 333.2831(c) (2006).

Text: (c) A request that a new certificate be established to show a sex designation other than that designated at birth. The request shall be accompanied by an affidavit of a physician certifying that sex-reassignment surgery has been performed.

Summary: Michigan will issue a birth certificate reflecting the proper sex.

Statute: Miss. Code Ann. § 41-57-21 (2006).

Text: Where there has been a bona fide effort to register a birth and the certificate thereof on file with the office of vital records does not divulge all of the information required by said certificate, or such certificate contains an incorrect first name, middle name, or sex, then the state registrar of vital records may, in his discretion, correct such certificate upon affidavit of at least two (2) reputable persons having personal knowledge of the facts in relation thereto. All other alterations shall be made as provided in Section 41-57-23. Anyone giving false information in such affidavit shall be subject to the penalties of perjury.

Administrative Code: Code Miss. R. 12 000 052, Rules 31-32

Summary: Mississippi will issue a birth certificate reflecting the proper sex.

Admin. R. Mont. 37.8.311 (5) (2017).

Text: The gender of a registrant as cited on a certificate may be corrected if the department receives (a) a correction affidavit accompanied by a completed gender designation form issued by the department certifying under penalty of law that the individual has undergone gender transition or has an intersex condition and that the gender designation on their birth certificate should be changed accordingly, and the request for gender designation is for the purpose of ensuring the birth certificate accurately reflects their gender and is not for any fraudulent or other unlawful purpose.

Summary: Montana will issue a birth certificate reflecting the proper sex.

NAC 440.130

440.030 1. An affidavit for alteration or correction of a certificate must consist of two parts as follows: (a) The first part must consist of [a principal] an affidavit in which the affiant sets forth the facts that are not correctly stated on the certificate and also sets forth the changes necessary to correct the certificate. (b) The second part must consist of a supplementary affidavit or other verifiable evidence corroborating the facts contained in the principal affidavit. [The] Any supplementary affidavit must be executed by a person other than the affiant of the principal affidavit. 2. The State Registrar [or the local registrar] may accept the affidavit for alteration or correction of a certificate only if the affiants: (a) Have signed [both parts] any affidavit and these signatures are notarized; [and] (b) Have personal knowledge of the facts stated therein [.] ; and (c) Have provided a supplementary affidavit or other verifiable evidence to support the affidavit. 3. As used in this section: (a) “Alteration or correction of a certificate” includes, without limitation, an alteration or correction to any: (1) Date of birth; (2) Date of death; (3) Age; (4) Part of the location of the birth or death; (5) Gender or sex

http://www.leg.state.nv.us/Register/RegsReviewed/$R066-16A.pdf

Summary: Nevada will issue a birth certificate reflecting the proper sex.

Statute: N.J. Stat. Ann. § 26:8-40.12 (2006).

Text: The State registrar shall issue an amended certificate of birth to a person born in this State who undergoes sex reassignment surgery and requests an amended certificate of birth which shows the sex and name of the person as it has been changed.

Notes: Babs Siperstein Law signed by Governor Phil Murphy (2018) will allow updated birth certificates to reflect the genders of female, male, or undesignated/non-binary once an affidavit is completed by the applicant (no medical documentation will be required). This will be in effect beginning February 1, 2019.

Summary: New Jersey will issue a birth certificate reflecting the proper sex.

Administrative Code: N.Y. Comp. Codes R. & Regs. Tit 10, § 35.2 (2014)

Notes: The New York State Department of Health, Vital Records Division has a policy providing for the change of sex designation on birth certificates upon the receipt of a completed application and a notarized affidavit on professional letterhead from a physician (M.D. or D.O.), nurse practitioner, physician assistant, licensed in the United States, who has treated, reviewed, or evaluated the gender-related medical history of the applicant. The notarized affidavit must include: a statement noting that the provider is making his/her findings upon independent and unbiased review and evaluation and is not related to the applicant; the medical professional’s license number; and a statement that the applicant has undergone appropriate clinical treatment.

Summary: The state of New York will issue a birth certificate reflecting the proper sex.

New York City (has separate vital records division from the state)

Administrative Code: 24 RCNY Hlth. Code § 207.05(a)(5) (2014), as amended by the Birth Certificate Modernization Bill, Int. No. 491-A (effective Jan. 12, 2015).

Text: (a) A new birth certificate shall be filed when . . . (5) (i)(A) A person files either an affirmation from a physician (MD or DO) licensed to practice medicine in the United States and who is in good standing…or (B) an affidavit from a doctoral level psychologist (PhD or PsyD) in clinical or counseling psychology, master social worker, clinical social worker, physician assistant, nurse practitioner, marriage and family therapist, mental health counselor, or midwife, licensed to practice in the United States and who is in good standing to attest that in keeping with contemporary expert standards regarding gender identity, the applicant’s requested correction of sex designation of male or female more accurately reflects the applicant’s sex or gender identity.

(ii) If the request for a new birth certificate includes a name change, the person must also submit proof that his or her name has been changed pursuant to a court order.

Summary: New York City will issue a birth certificate reflecting the proper sex.

NDAC 33-04-12-02

33-04-12-02. Amendments as a result of gender identity change.

1. Evidence and documents required. The birth record of a person born in this state who has undergone a sex conversion operation may be amended as follows:

a. Upon written request of the person who has undergone the operation;

b. An affidavit by a physician that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person's birth record should be changed; and

c. An order of a court of competent jurisdiction decreeing a legal change in name.

2. New record. Pursuant to such amendment, a new record of birth will be created by the state registrar showing original data as transcribed from the original record excepting those items that have been amended. The new record will be clearly marked in the upper margin with the word “amended” and a description of the amended items may be added to the certified copy for clarification.

3. Sealing of original record. The original record shall be then placed in a special file and shall not be open to inspection except by order of a court of competent jurisdiction or by the state registrar for purpose of carrying out the provisions of North Dakota Century Code chapter 23-02.1 and properly administering the vital records registration program.

N.D. Admin. Code 33-04-12-02

Summary: North Dakota will issue a birth certificate reflecting the proper sex.

Statute: 63 Okl. Stat. Ann. § 1-321 (2006).

Administrative Code: Okla. Admin. Code 310:105-3-3 (2006).

Notes: While not specifically provided for by statute or regulation, it is the policy of the Vital Records Bureau to issue new birth certificates for applicants who have undergone sex reassignment, pursuant to the generally applicable procedures.

Summary: Oklahoma will issue a birth certificate reflecting the proper sex.

Statute: 35 Penn. Stat. § 450.603 (2005).

Notes: Although not specifically mentioned in the statute, the Division of Vital Records will reissue a birth certificate upon receiving a letter from a physician stating that appropriate clinical treatment for gender transition has occurred (as of August 8, 2016).

Summary: Pennsylvania will issue a birth certificate reflecting the proper sex.

Statute: R.I. Gen. Laws § 23-3-21 (2005).

Administrative Code: 216 R.I. Code R. 10-10-1.37 (2014).

For corrections to sex on the birth certificate that differ from the sex on the original birth certificate, the State Registrar shall change the certificate of birth to reflect the new sex designation, without indicating such change, upon receipt of an affidavit executed by a physician which states either: (1) The individual has undergone surgical and/or hormonal treatment based on contemporary clinical standards and/or other treatment appropriate for the individual for the purpose of gender transition based on contemporary clinical standards in accordance with "Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People," or (2) The individual has an intersex condition, and that in the physician’s professional opinion, the individual’s sex designation should be changed. Correction requests regarding sex on a birth certificate that include a request for a legal name change will be marked as amended only with respect to the name change.

Summary: Rhode Island will issue a birth certificate reflecting the proper sex.

Administrative Codes: S.D. Admin. R. 44:09:05:02; 44:09:05:09(4)

Notes: Although not specifically mentioned in the statute, the State Registrar provides amended certificates to reflect sex reassignment if given a court order. Although the Registrar will follow any specific instructions in the court order, their general policy is to issue a new certificate with no indication of amendment.

Summary: South Dakota will issue a birth certificate reflecting the proper sex.

Statute: Tex. Health & Safety Code § 191.028 (2009).

Form VS-170, available on the Texas Department of State Health Services website, specifies that to change sex on a birth certificate, the applicant will need certification by a medical attendant or affidavit and one document (the form specifies the type of documents, including a passport, considered acceptable evidence). All applications will be reviewed by a specialist.

Case law: In 1999, a state district court in Texas held in Littleton v. Prange, 9 S.W.3d 223, 225 (Tex. App. 1999) that a transgender woman was male as a matter of law, and that transgender people could not legally change their sex assigned at birth under any circumstances. However, in 2009, the Texas legislature amended its Family Code to include that an original or copy of an order stating an applicant’s name or sex change counts as the proof required for a marriage license. Tex. Fam. Code § 2.005(b)(8). After this change, the Texas Court of Appeals, Thirteenth District, Corpus Christi held that Nikki Araguz, a transgender woman, could indeed be legally recognized as a woman in deciding whether her marriage to her late cisgender husband was valid. See In re Estate of Araguz, No. 13-11-00490-CV, 2014 Tex. App. LEXIS 1573 (Tex. App. 2014). In re Estate of Araguz represents a clear trend in Texas law departing from the attitude in Littleton.

Summary: Texas will issue a birth certificate reflecting the proper sex.

Statute: 18 Vt. Stat. § 5112 (2011)

An affidavit by a licensed physician who has treated or evaluated the individual stating that the individual has undergone 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. The affidavit shall include the medical license number and signature of the physician.

Summary: Vermont will issue a birth certificate reflecting the proper sex.

Statute: WAC 246-490-075 (2018).

Notes: Washington will change the sex designation on a birth certificate to F, M, or X upon request of the applicant. Provider documentation is not required for adults over 18 or emancipated minors.

Summary: The State of Washington will issue a birth certificate reflecting the proper sex.

Statute: Wis. Stat. Ann. § 69.15 (2006).

Text: (1) BIRTH CERTIFICATE INFORMATION CHANGES. The state registrar may change information on a birth certificate registered in this state which was correct at the time the birth certificate was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

1. The order provides for an adoption, name change or name change with sex change or establishes paternity; and
2. A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

Notes: The court order must specify whether the original certificate is to be amended or a new certificate issued.

Summary: Wisconsin will issue a birth certificate reflecting the proper sex.