Transgender Birth Certificates by State

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.

Can I Change the Gender Marker on My Birth Certificate?

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:

  • Be issued a new birth certificate in your preferred gender, or
  • Your current birth certificate will be amended with the correct sex designation to reflect your change of gender

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.

Changing Birth Certificate Sex Designation

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.

Can I Use My New Name on a Transgender Birth Certificate?

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.

Read More: Transgender Name Change

Transgender Birth Certificates, ID Laws and Policies Per State

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)

Fla. Admin. Code Ann. r. 64V-1.003(1)(f) (2006)

Amended birth certificate
Georgia Yes Ga. Code Ann. § 31-10-23(e) (2005) Amended birth certificate
Hawaii Yes Haw. Rev. Stat. Ann. § 338-17.7(a)(4)(B) Hawaii Revised Statutes (HRS), as amended by Act 226 (July 2015) Amended birth certificate
Idaho Yes Public Act 100-0360 (2018) Idaho Code § 39-250 (2005)

Idaho Admin. Code § (2006)

Amended birth certificate
Illinois Yes 410 Ill. Comp. Stat. 535/17(1)(d) Amended birth certificate
Indiana Yes Ind. Code Ann. § 16-37-2-10(b) (2006) Amended birth certificate
Iowa Yes Iowa Code Ann. § 144.23(3) (2004) New birth certificate
Kansas No K.S.A. § 65-2422c (2009) K.A.R. § 28-17-20 (b)(1)(A)(i) (2009) Not available
Kentucky Yes Ky. Rev. Stat. Ann. § 213.121(5) (2005) Amended birth certificate
Louisiana Yes La. Rev. Stat. Ann. § 40:62 (2006) New birth certificate
Maine Yes Me. Rev. Stat. Ann. tit 22, § 2705 (2005 Amended birth certificate
Maryland Yes Md. Code Ann, [Health - Gen.] § 4-211 (2015) Amended birth certificate
Massachusetts Yes Mass Gen. Laws Ann. ch. 46, § 13(e) (2015) Amended birth certificate
Michigan Yes Mich. Comp. Laws Ann. § 333.2831(c) (2006) New birth certificate
Minnesota Yes Minn. Stat. Ann. § 144.218 (2006) Minn. Rules 4601.1100 (2006) Amended birth certificate
Mississippi Yes Miss. Code Ann. § 41-57-21 (2006) Amended birth certificate
Missouri Yes Mo. Ann. Stat. § 193.215(9) (2006) Amended birth certificate
Montana No Admin. R. Mont. 37.8.311 (5) (2017) Not available
Nebraska Yes Neb. Rev. Stat. § 71-604.01 (2005) New birth certificate
Nevada Yes NAC 440.130 New birth certificate
New Hampshire Yes N.H. Code Admin. R. He-P 7007.03(e) (2004) New birth certificate
New Jersey Yes N.J. Stat. Ann. § 26:8-40.12 (2006) New birth certificate
New Mexico Yes N.M. Stat. Ann. § 24-14-25(D) (2006) Amended birth certificate
New York Yes N.Y. Comp. Codes R. & Regs. Tit 10, § 35.2 (2014) 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).

Amended birth certificate
North Carolina Yes N.C. Gen. Stat. §§ 130A-118(b)(4), (e) (2005) New birth certificate
North Dakota Yes NDAC 33-04-12-02 N.D.

Admin. Code 33-04-12-02

Amended birth certificate
Ohio No Ohio Rev. Code § 3705.15 (2006) In re Ladrach, 32 Ohio Misc. 2d 6, 513 N.E.2d 828 (Ohio Prob. Ct. 1987) Not available
Oklahoma No 63 Okl. Stat. Ann. § 1-321

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

Not available
Oregon Yes House Bill 2673 §1(3)(b) Amended birth certificate
Pennsylvania Yes 35 Penn. Stat. § 450.603 (2005) Amended birth certificate
Puerto Rico Yes 24 L.P.R.A. section 1136 New birth certificate
Rhode Island Yes R.I. Gen. Laws § 23-3-21 (2005)

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

Amended birth certificate
South Carolina Yes S.C. Code Ann. § 44-63-150 (2005) S.C. Code Ann. Regs. 61-19 (2006) Amended birth certificate
South Dakota Yes S.D. Admin. R. 44:09:05:02; 44:09:05:09(4) New birth certificate
Tennessee No Code Ann. § 68-3-203(d) (2006) Not available
Texas Yes Tex. Health & Safety Code § 191.028 (2009) New birth certificate
Utah Yes Utah Code Ann. § 26-2-11 (2004) Amended birth certificate
Vermont Yes 18 Vt. Stat.§ 5112 New birth certificate
Virginia Yes Va. Code Ann. § 32.1-269(E) (2006)

12 Va. Admin. Code § 5-550-320 (2006)

Amended birth certificate
Washington Yes WAC 246-490-075 (2018) Amended birth certificate
West Virginia Yes W. Va. Code § 16-5-25 (2006)

W. Va. Code St. R. § 64-32-12 (2006)

Amended birth certificate
Wisconsin Yes Wis. Stat. Ann. § 69.15 (2006) Amended birth certificate
Wyoming Yes Wyo. Stat. Ann. § 35-1-424 (2005) Amended birth certificate

New Kansas law restricts changes in state-issued IDs

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”.

Required Documents for Gender Change on a Birth Certificate

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.

Red more: Same Sex Parents on a Birth Certificate