Today, there are around 1.4 million transgender people living in the USA. As attitudes to gender fluidity continue to change over time, so do the rules for representing a change of gender on citizens’ vital records.
Naturally, a change of gender often also calls for a change of identity documents and modifications on transgender birth certificates to reflect a citizen’s preferred gender.
In the USA, having access to your correct birth certificate is a crucial tool for accessing many important services such as banking, healthcare, and education.
If you are looking to apply for a driver’s license or a social security card and need proof of identity, you can order your birth certificate online. This will save you time, as you will be able to skip visiting and waiting in line at your local government office or vital record office.
Identity documents are issued by your state of residence, and the rules for any and all alterations vary state-by-state. Therefore, it is important to know what steps you will need to take in order to reflect your preferred identity.
To make this process a little easier, we’re going to look at some of the guidelines you’ll need to follow in order to update your birth certificate to reflect your change of gender.
The majority of the 50 states allow you to change your birth certificate gender if you are transitioning.
Depending on the state you were born in, you will either:
Some flexibility is already granted to gender-neutral individuals in specific states. The following states recognize intersex individuals with a third gender X option:
However, this 3rd gender option does not apply in the case of trans individuals. Therefore, updating gender markers on their state-issued documents is the way to reflect a change of sex.
At present, Montana, Oklahoma, and Tennessee are the only states that do not change a person’s gender on their birth certificate.
In states where sex designation modifications on birth certificates are possible, the process for making these changes to official documents differs depending on which state you were born in.
Changing the gender marker on a birth certificate will also hinge on what phase of transition you are in. In some states, you will need to have undergone Sexual Reassignment Surgery (SRS), whereas, in others, the decision to consider you eligible for a change of gender on your birth certificate is based on other criteria.
In around half of the US States, you will need evidence of SRS before your birth certificate can be changed into your preferred gender. In these states, you will usually be required to present a court order showing proof of your new sex designation after reassignment surgery.
In other states, the rules are more flexible, and you won’t need to prove that you’ve completed SRS. This means you will be able to change your birth certificate much earlier in your transition.
When it comes to making a change to your vital records and identification documents, eligibility rules vary state by state. In the case of people going through a gender transition, you will often be required to submit supporting documents or medical certification to show you are undergoing a sex change.
If you are unsure what you need to do to adjust your birth certificate gender markers based on the state your birth was recorded in, read our quick guide to make things as straightforward as possible.
In most cases, yes. The majority of US states allow you to change your name and gender, subject to a few conditions. These are mostly background checks to prevent fraud and criminal intent, and, in some cases, a court order may be required in order to change a name on a birth certificate.
The following table details which states allow you to change your gender marker on a US birth certificate and presents the related laws and statutes.
In any case, you will need to order a certified copy of your birth certificate to present alongside your birth certificate amendment form to request any modifications.
If you are looking to reflect a change of gender on your birth certificate, make sure you follow the correct rules for the state in which your birth was first registered:
| Transgender Birth Certificates Laws | |||
| State | Allowed | Additional documents | Type of certificate |
| Alabama | Yes | Ala. Code § 22-9A-19(d) (2004) | New birth certificate |
| Alaska | Yes | Alaska Stat. § 18.50.290 (through 27th Leg Sess 2012 | Amended birth certificate |
| Arizona | Yes | Ariz. Rev. Stat. § 36-337 (A)(3) (2006) | Amended birth certificate |
| Arkansas | Yes | Ark. Code Ann. § 20-18-307(d) (2005) | Amended birth certificate |
| California | Yes | Cal. Health & Safety Code § 103426 (2018) | New birth certificate |
| Colorado | Yes | Colo. Rev. Stat. § 25-2-115(4) (2006) | Amended birth certificate |
| Connecticut | Yes | Conn. Gen. Stat. § 19a-42 (2003) | New birth certificate |
| Delaware | Yes | 16 Del. Admin. Code 4205 § 10.7 (2017) | Amended birth certificate |
| D.C. | Yes | 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) | Amended birth certificate |
| Florida | Yes | Fla. Stat. Ann. § 382.016 (2006) | |
RCNY Hlth. Code § 207.05(a)(5) (2014), as amended by the Birth Certificate Modernization Bill, Int. No. 491-A (effective Jan. 12, 2015).
Admin. Code 33-04-12-02
Okla. Admin. Code 310:105-3-3 (2006) (2006)
216 R.I. Code R. 10-10-1.37 (2014)
In Kansas, Republican lawmakers have passed a new law, the first of its kind, that restricts transgender and nonbinary Kansans from accessing certain public services and spaces, making changes to their gender, and does not recognize gender fluidity.
What this law means in terms of vital records is that Kansans will no longer be able to change their state issued IDs such as their birth certificates and drivers licenses.
Furthermore, this new law, that will come into effect July 1st 2023, will only recognize a person’s gender by the sex assigned at birth: male or female.
The law bans transgender and nonbinary people from accessing single-sex spaces. Some of these spaces are typically reserved for cisgender women such as domestic violence shelters, rape crisis centers, locker rooms, and “other areas where biology, safety or privacy are implicated”.
Changing your documents as part of a sex-change transition is often an important and highly symbolic step. It validates and recognizes your new identity and allows you to truly live your life in your new gender.
The required document common to all states that allow sex designation changes on a birth certificate is a certified copy of the birth certificate to be amended. Some states will require you to present other documents alongside your current birth certificate, these are detailed on the National Center for Transgender Equality website — choose your birth state from the dropdown menu.
Once you have changed your sex designation on your birth certificate, you will need to obtain a certified copy of your new birth certificate. Make sure to order a long-form birth certificate so that it reflects the changes to your name and updated gender.
An official (long-form) copy of a birth certificate bears legal validity, so it will be accepted when you apply to update other forms of government-issued identification documents, such as a driver’s license or passport.
