Changing
Information On Birth Certificates In The USA
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At the time of this writing all but four states had available at least
some provision for updating birth certificate records. There are definate
variations from state to state, with some much better than others, particularly
in the area of amending original documents (with or without noting what
was amended) as opposed to issuing new ones. Other differences are in the
requirements for making such changes, some require court orders for both
name and gender changes, in other cases a mere letter from your SRS
surgeon may suffice for the gender correction, and in a couple of places
only information from a therapist on hormone treatment is enough. |
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Below we have compiled a short fact statement about each state's individual
policies. Please note that many places will require fees for making these
changes or obtaining copies of the new documents, we have omitted such
details for the purposes of this page simply because fees change more often
than overall policies do. |
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| Alabama
- State will issue an "amended" birth
certificate noting change of name and sex, but will not issue a new dociment
to replace the original. 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).
To get a court order for change of sex 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 Center for Health Statistics
as defendant. |
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| Alaska
- State 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 SRS surgeon. |
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| Arizona
- State 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. |
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| Arkansas
- State 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 SRS surgeon). |
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| California
- State 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." You will
need an original letter from your SRS surgeon, and 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 yet, you may petition the court for change of
name at the same time you petition for the new birth certificate. |
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| Colorado
- State 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. |
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| Connecticut
- State will change both name and sex.
The birth certificate is marked "amended," but the item(s) amended are
not specified. A court order is not necessary, but documentation from your
SRS surgeon is required. |
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| Delaware
- State 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. |
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| 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. |
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| Florida
- State will not change name or sex, but
an active effort is being made to change this at the time of this writing. |
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| Georgia
- State will change both name and sex,
and will issue a new birth certificate rather than amend the old one. Contact
the Legal Section of the Vital Records office and ask for instructions
for correcting a vital record. |
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| Hawaii
- State 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 SRS surgeon.
A court order is not required. |
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| Idaho
- State does not change name or sex on
the birth certificate. A bill to permit the changes was rejected by the
Idaho legislature. |
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| Illinois
- State will change both name and sex,
and will issue a new birth certificate rather than amend the old one. The
new birth certificate contains the words "copy of the original." First
you must write to the Illinois Dept of Public Health, Dept. of vital statistics,
and ask for a "request for change of name and sex form." Complete this
form and return it, along with the original letter from your SRS surgeon
and a certified copy of the name change order. |
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| Indiana
- State will issue a new birth certificate
with your new name. Indiana does not note the sex on the birth certificate,
so this is not an issue. You will need a copy of your old birth certificate
and a copy of the court order for your name change. |
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| Iowa
- State 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. |
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| Kansas
- State 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"). |
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| Kentucky
- State 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. |
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| Louisiana
- State 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 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. NOTE: Louisiana will not change the sex designation
on a driver's license unless you can produce a birth certificate with the
desired sex designation. So, if you were born in FL, ID, OH, or TN, and
live in LA at the time of your SRS, you cannot get your driver's license
changed. |
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| Maine
- State 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. |
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| Maryland
- State requires a court order indicating
that both your name and sex are to be changed. Name change orders can often
be amended to indicate the correct sex along with your new name. The state
cannot change the sex on a birth certificate with just a Physicians letter. |
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| Massachusetts
- State will issue an amended birth certificate.
You will need an original letter from your SRS surgeon, and an original
or certified copy of the court order for your name change. |
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| Michigan
- State 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 SRS surgeon, and an original or certified copy of the court order
for your name change. |
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| Minnesota
- State will issue an amended birth certificate.
A court order is not required, but you will need an original letter from
your SRS surgeon. |
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| Mississippi
- State will not issue a new birth certificate.
If a court order is received, Mississippi will issue an amended birth certificate
with the new name and gender typed in the margin, but the old name and
gender remaining unchanged. |
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| Missouri
- State 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." |
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| Montana
- State 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. |
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| Nebraska
- State 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. |
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| Nevada
- State 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. |
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| New
Hampshire - State 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. |
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| New
Jersey - State will change both name and
sex, and will issue a new birth certificate rather than amend the old one.
You will need an original notarized letter from your SRS surgeon, and an
original or certified copy of the court order for your name change. |
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| New
Mexico - State 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. |
***
New
York - State will change both name and
sex, and will issue a new birth certificate. However the state requires
more documentation than most states. You must first complete an application
and include the following documents (all "original or certified copy"):
1) 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. 2)
the letter from your SRS surgeon, specifying date, place, and type of procedure.
3) the actual Operative Report from your SRS. 3) a letter from your primary
therapist "documenting true transsexualism or inappropriate sexual identification."
4) 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.
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NOTE: New York City has its own separate Bureau
of Vital Statistics. The city will issue a new birth certificate rather
than amend the old one. 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 an original or certified copy of the court order for your
name change, and original letters from your SRS surgeon and your psychiatrist
or psychologist. |
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| North
Carolina - State 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. |
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| North
Dakota - State 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. |
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| Ohio
- State will not change sex on the birth
certificate, but will change the name. |
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| Oklahoma
- State will issue an amended birth certificate.
You will need an original letter from your SRS surgeon. A court order is
not required. |
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| Oregon
- State will change both name and sex,
and will issue an amended birth certificate, without any designation of
what has been amended. You will need an original or certified copy of the
court order for your name change, and an original letter from your SRS
surgeon (or an original court order for the change of sex designation). |
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| Pennsylvania
- State 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. You will need an original letter from your SRS surgeon,
and an original or certified copy of the court order for your name change. |
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| Rhode
Island - State 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 SRS surgeon.\ |
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| South
Carolina - State will not issue a new
birth certificate. They will include a card to 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 the SRS surgeon. |
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| Tennessee
- State will not change the sex designation
on the birth certificate. However they 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. |
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| Texas
- State 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, and an original letter from your SRS surgeon. |
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| Utah
- State 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. |
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| Vermont
- State 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
SRS surgeon. |
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| Virginia
- State 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. |
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| Washington
- State 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 or a letter from your SRS surgeon. |
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| West
Virginia - State 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, and an original letter from your SRS surgeon. |
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| Wisconsin
- State will change both name and sex,
and will issue a new birth certificate. NOTE: You must check the box on
the application form to "IMPOUND" the original. This causes the original
certificate to be 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. Take these to your local clerk of courts
and explain what you need done. It takes 2-4 weeks for processing. |
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| Wyoming
- State 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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| For
persons who are U.S. Citizens but were born outside the United States -
The U.S. Department of State will change
name and gender information on your U.S. Department of State issued birth
certificates. You must obtain a legal name change (original or certified
copy) from the court of the county for which you reside, include the original
birth certificate, plus an original letter of SRS from the surgeon. The
State Department will then re-issue a new birth certificate (not amended)
and the process takes approximately 6-8 weeks. |
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Contributions
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forums area in particular depends upon them. If this area is to become
the source for information and support that we know it can be, then it
is all of our transgendered sisters & brothers that will make it so.
Your input might be just what someone else needed! If you have something
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