Name change
by Becky Allison M.D.

 

U. S. States and Canadian Provinces:
Instructions For Changing Name And Sex
On Birth Certificate

Put together by Dr. Becky


Becky's Home Page
The information on this page depends on you, my correspondents.
If you have information to share, or corrections to make, please send it to me
at
becky@drbecky.com
Thank you very much for your help.

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii
Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan
Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York City New York
North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas
Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming D.C. New Brunswick Nova Scotia Ontario

 

 

For persons who are U.S. Citizens but were born outside the United States:

You can change your name and gender on your U.S. Department of State issued birth certificates.

One must obtain a legal name change (original or certified copy) from the court of the county for which they reside, the original birth certificate, plus an original letter of SRS from the surgeon and forward such information to:

U.S. Dept of State
1111 19th Street N.W., Suite 510
Washington D.C. 20502-1705
(202) 955-0307

The State Department will then re-issue a new birth certificate (not amended) and the process takes approximately 6-8 weeks. As of 1999, the fee was $40, but one should call them to obtain the current fee for this process.

Alabama

Alabama will issue an "amended" birth certificate noting change of name and sex, but will not issue a new birth certificate replacing the original.

The fees are $15.00 for the first copy and $4.00 for each additional copy.

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). This enters another step into the procedure and is best handled through an attorney, although at extra cost. 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.

On the positive side, if you live in another state they will accept the court order from that state (according to one source; other sources say non-Alabama residents must file for a court order in Montgomery County, Alabama). The fee for the court order is a separate fee, and varies from one court to another.

Contact information:

State Board of Health
Center for Health Statistics
P.O. Box 5625
Montgomery, AL 36103-5625
(334) 206-5418; (334) 206-5426

Ms. Dorothy S. Harshbarger
State Registrar and Director
dharshbarger@adph.state.al.us

Alaska

Alaska 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.

Mr. Alfred G. Zangri
Chief, Health Research and Vital Statistics
Department of Health and Social Services
azangri@health.state.ak.us

Arizona

Arizona 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. IMPORTANT: The court order must specifically state "the name may be changed on the Arizona birth certificate."

Contact information:

Office of Vital Records
Arizona Dept. of Health Services
P.O. Box 3887
Phoenix, AZ 85030-3887
(602) 255-3260
Fax: (602) 249-3040
http://www.hs.state.az.us/vitalrcd/index.htm

Ms. Renee Gaudino
Administrator and Assistant State Registrar
Arizona Department of Health Services
rgaudino@hs.state.az.us

Arkansas

Arkansas 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).

Mr. Douglas R. Murray
Director
Center for Health Statistics
dmurray@mail.doh.state.ar.us

California

California 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, you may petition the court for change of name at the same time you petition for the new birth certificate.

Fees are determined by the superior court of the county receiving the petition.

Michael Rodrian
State Registrar and Chief
Center for Health Statistics
mrodrian@dhs.ca.gov

Colorado

Colorado 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. There is a fee of $20.00.

Carol J. Garrett, Ph.D.
State Registrar and Chief
Health Statistics Section, CHEIS
carol.garrett@state.co.us

Connecticut

Connecticut will change both name and sex.

NOTE: Connecticut has enacted a new law on Oct. 1, 2001. Birth certificates are
now amended without the asterisks that were previously used. The law is
available on the State of Connecticut web site:

http://www.cga.state.ct.us/2001/act/Pa/2001PA-00163-R00HB-06569-PA.htm

The amendment to P.A. 19a-42 is in section 32 of the bill.

A court order is not required. Documentation from your SRS surgeon is required, and the fee is $15.00.

Mr. Daniel J. Savino
Registrar of Vital Records
Department of Public Health
daniel.savino@po.state.ct.us

Delaware

Delaware 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.

Mr. Michael L. Richards
Director
Office of Vital Statistics
mrichards@state.de.us

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.

Mr. Carl W. Wilson, M.P.H.
Registrar and Director
DC State Center for Health Statistics
cwilson27@aol.com

Florida (updated June 2002!)

Florida WILL change name and sex on the birth certificate, and will issue an amended certificate. This is a significant change in policy.

To process a request for birth certificate amendment as a result of gender reassignment surgery:

· The registrant must present a court order entered pursuant to Section 68.07, Florida Statutes OR if the order is from another state, there must be evidence that the proceeding for name change is substantially similar to that outlined in Section 68.07, Florida Statutes. The registrant may submit a copy of the petition for change of name or the applicable state statute that indicates what procedures the foreign court utilized.

· The existing birth record must be amended to reflect the name change prior to processing for gender reassignment surgery.

· Once the name change is recorded, the registrant must file a notarized affidavit, i.e., DH 430, Affidavit of Amendment to Certificate of Live Birth. Additionally, pursuant to Section 382.003, the applicant must submit medical records indicating that the patient has completed sexual reassignment in accordance with appropriate medical procedures and that they are now considered to be of (male/female) gender) for all medical purposes . The medical records must be signed by the physician who performed the reassignment surgery. The physician must include his/her medical license number.

· The required amendment fee must be submitted and the record will be amended as outlined in Florida Administrative Code Rule. 64-V.1.003 (1)(f) to correct the gender, which conflicts with the given name as recorded.

Here are the details:

(1) the court order for a name change must be effected first - and the person should choose a clearly female name, e.g., don't change your name to Pat, Dana, Frances/Francis, Meredith or any other name that could be construed as a male name.

(2) the birth certificate must be amended to reflect the new, clearly female name.

(3) After the birth certificate has been amended to reflect the new "clearly female" name, then you can apply to change the gender based on the fact that the gender is clearly in conflict with the name. You should include an affidavit from the physician who performed operation and who will state that you are female.

Office of Vital Statistics
Department of Health and Rehabilitative Services
P.O. Box 210
Jacksonville, FL 32231-0042
(904) 359-6929

Georgia

Georgia will change both name and sex, and will issue a new birth certificate rather than amend the old one.

Contact Information:

Vital Records Service
State Dept. of Human Resources
47 Trinity Avenue SW, Room 217-H
Atlanta, GA 30334
(404) 656-4750
Email:
GDPHINFO@dhr.state.ga.us

Mr. Michael R. Lavoie
Director, Vital Records Unit
mrl0600@dhr.state.ga.us

Please contact the Legal Section of the Vital Records office (404-656-4901) and ask for instructions for correcting a vital record.

Hawaii

Hawaii 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.

Alvin T. Onaka, Ph.D.
State Registrar and Acting Chief
Office of Health Status Monitoring
alvino@hawaii.edu

Idaho

Idaho does NOT change sex on the birth certificate. A bill to permit the changes was rejected by the Idaho legislature. Idaho will, however, change the name on the birth certificate. Details on how to accomplish this can be found at the state site: http://www2.state.id.us/dhw/vital_stats/appmenu.html

Illinois

Illinois will change both name and sex, and will issue a new birth certificate rather than amend the old one. Previous information stated that the new birth certificate contained the words "copy of the original," but my correspondents now tell me the certificated does not say "copy."

First you must write to the following address:

Department of Public Health
Division of Vital Records
605 W. Jefferson Street
Springfield, IL 62702

Or - faster - Email Kathy at KMILEHAM@idph.state.il.us

She will fax you what you need to get signed by the doctor and notarized, top and bottom (see below). Make sure you specify name and sex aka gender change form. They can also mail it to you snail mail; but it is easier to get it faxed then signed, notarized, and send in your fifteen dollars for one copy, two dollars for each one after that.

(Or call 217.782.6554 and ask for Vital Records, then ask for the birth certificate change department)

and ask for a "request for change of name and sex form."

This form has two parts. The top is "affidavit by physician as to change of sex designation." If you get the form before SRS, you can ask your surgeon to fill it out and get it notarized. Otherwise you can send a separate notarized letter from the surgeon as usual. The bottom part is "affidavit by parent, guardian, or applicant, if of legal age." That part is obvious except for the line:

"THAT the following were the personal particulars at the time of birth of_____________ " Complete this line using "John Doe, now Jane Doe" or the opposite as indicated.

Complete this form and return it to this address:

Department of Public Health
Division of Vital Records
605 W. Jefferson Street
Springfield, IL 62702

IMPORTANT: Send it by Priority Mail!

Include the original letter from your SRS surgeon (unless the surgeon complete the top part of the form as above) and a certified copy of the name change order, and a check for $15.00 made out to "Vital Records". Additional copies are $2.00 each.

Merwyn Nelson, Ph.D.
Chief, Illinois Center for Health Statistics
Illinois Department of Health
mnelson@idph.state.il.us

Indiana

Indiana will issue a new birth certificate with your new name. My sources tell me that 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, along with fees of $5.00 for the procedure and $5.00 for each additional certificate you request.

Contact the health department of the county in which you were born.

Ms. Barbara Stultz
State Registrar and Director
Vital Records Division
bstultz@isdh.state.in.us

Iowa

Iowa 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.

Ms. Jill France
Chief, Bureau of Vital Records
Iowa Department of Public Health
jfrance@idph.state.ia.us

Kansas

Kansas 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").

Lorne A. Phillips, Ph.D.
State Registrar and Director
Center for Health and Environmental Statistics
lphillip@kdhe.state.ks.us

Kentucky

Kentucky 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.

Ms. Barbara F. White
State Registrar, Vital Statistics
Department for Health Services
bwhite@mail.state.ky.us

Louisiana

Louisiana 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.

Mr. William H. Barlow
State Registrar and Director
Division of Records and Statistics
wbarlow@dhhmail.dhh.state.la.us

Updated information as of January 2002:

RS 40:62

PART II. BIRTH RECORD AFTER CHANGE IN SEX DESIGNATION

§62. Issuance of new birth certificate after anatomical change of sex by surgery

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.

B. Suits authorized by this Section shall be filed contradictorily against the state registrar in the judicial district court having jurisdiction over the parish in which the petitioner resides or over the parish in which the petitioner was born. A nonresident born in Louisiana shall file the petition in the parish of birth. The suit of any petitioner born in Louisiana shall be filed contradictorily against the state registrar. In the event the petitioner is married, the spouse shall also be a necessary party to the suit. To the extent that the petitioner's name is to be changed, the district attorney shall also be a necessary party. In all cases the petition shall be accompanied by a certified copy of the petitioner's original birth record, in which case the short-form birth certificate card shall not be sufficient.

C. The court shall require such proof as it deems necessary to be convinced that the petitioner was properly diagnosed as a transsexual or pseudo-hermaphrodite, that sex reassignment or corrective surgery has been properly performed upon the petitioner, and that as a result of such surgery and subsequent medical treatment the anatomical structure of the sex of the petitioner has been changed to a sex other than that which is stated on the original birth certificate of the petitioner.

If the court shall find that the evidence sustains the required proof, the court shall render a judgment ordering the issuance of a new birth certificate changing the sex designated thereon from that shown upon the petitioner's original certificate of birth. The petitioner may in the same suit seek to have the name of the petitioner changed, and the court may render judgment in accordance with law upon this additional petition at the same time.

D.(1) A certified copy of the petition and judgment for a new certificate pursuant to this Section shall be furnished to the state registrar of vital records at New Orleans within ten days after the judgment is rendered. The registrar shall issue to the petitioner a new certificate or certified copy thereof; whereupon the original birth certificate and the copy of the petition and judgment received by the registrar shall be sealed in a package and filed in the archives of the vital records registry.

(2) This sealed package shall be opened only upon demand of the individual to whom the new certificate was issued, and then only by order of the court which rendered the judgment ordering the issuance of the new certificate.

Acts 1979, No. 776,§ 1; Acts 1986, No. 876,§ 1.

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. This is the updated information as of January 2002:

GENDER CHANGE

AUTHORITY: Administrative

DEFINITION
If an applicant for or a holder of a Louisiana driver's license/identification card indicates that they have undergone a sex change procedure and desires to change the gender identification on the driver's license/ID card, the change will so be noted and a new driver's license/ID card issued.

REQUIREMENTS
The following will be required:

1. A medical statement signed by a physician stating that this person has undergone an operation for a sex change from _______ to ______ and that the sex or gender change has been successfully made.

2. In addition to the above, should the applicant or holder of a Louisiana driver's license/ID card seek a name change, a certified or true copy of a court order must be presented.
NOTE: If the court order specifically requires a corrected/amended birth certificate be obtained, we will require a copy of said corrected/amended birth certificate. If the court order does not specifically require a corrected/amended birth certificate, the court order will be sufficient. However, the applicant/holder of the license/ID card must be advised that the court ordered name change will be the legal name until such time as subsequent court action advises otherwise (At this point, the court order supercedes the birth certificate. He/she can't go back to the original birth certificate name without another court order.)
NOTE: A copy of court order and/or physician's statement must be included in the file.

PROCEDURES
Once the documentation has been verified and all other criteria has been met for the issuance of a driver's license/ID card, CHANGE OF DATA transaction will be processed on the DLRU20.

If the applicant has a Class "E" or "D" license or an ID card, a duplicate license fee will be required. If the license is a CDL license, a CHANGE DATA transaction will be done and the $15.00 application fee will be charged along with the $5.00 duplicate license fee.

Maine

Maine 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. There is a fee of $20.00.

Mr. N. Warren Bartlett
State Registrar and Director
Health Data and Program Management
nelson.w.bartlett@state.me.us

Maryland

Information direct from Kathryn Morris, Birth Section Chief, DVR:

In order for the Division of Vital Records to change your sex and name on your birth certificate, we require a Court Order indicating that both your name and sex are to be changed. You can most likely obtain an amended Court Order to indicate the correct sex along with your new name. We cannot change the sex on a birth certificate with just a Physicians letter.

[The amended birth certificate does not retain any reference to the original.]

Once you obtain this information, send True Test Copy or Original Court Order to my attention at the Division of Vital Records, P.O. Box 68760, Baltimore, Md. 21215-0020 c/o Kathryn A. Morris, Birth Section Chief. If you have any further questions, do not hesitate to e-mail me or call me at (410)764-3145.

MorrisKA@dhmh.state.md.us

There is a $20.00 fee.

Massachusetts

Massachusetts 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. The letter from the surgeon must use the word "completed," not just "performed."

Denise O’Gara
Registry of Vital Records
150 Mount Vernon St.
1st Floor
Dorchester,MA 02125-3105
(617) 740-2679

http://www.state.ma.us/dph/bhsre/rvr/vramend.htm

Michigan

Michigan 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. The fee is $26.00.

Contact information:

Michigan Department of Community Health
Changes Unit
(517) 335 - 8660
http://www.mdch.state.mi.us/

Ms. Carol Getts
State Registrar and Chief
Office of the State Registrar Center for Health Statistics
gettsc@state.mi.us

Minnesota

As of August 2000 the following information applies:

There are essentially 2 ways to amend a birth record.  Method one is to provide 2 documents per item being amended that were established at least 7 years ago or more which show the information the way your want it to appear on the birth record. Method  two is to provide a court order which specifically directs the birth record be amended for the specific items that are desired to be changed.  For either the cost is $20 to amend the record.

Contact:
Mr. Kim W. Jeppesen
Records Management Unit
Office of State Registrar
Center for Health Statistics
Phone: (612) 676-5128
FAX:     (612) 676-5667

Mississippi

Mississippi 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.

Contact information:

Vital Records
State Department of Health
2423 North State Street
P.O. Box 1700
Jackson, MS 39215
(601) 576-7960
Fax: (601) 576-7505

Ms. Nita Gunter
State Registrar and Director
Public Health Statistics
ngunter@msdh.state.ms.us

Missouri

Missouri 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."

Mr. Gary L. Shipley
Chief, Bureau of Vital Records
Center for Health Information Management & Epidemiology
shiplg@mail.health.state.mo.us

Montana

Montana 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.

Debra M. Fulton
Acting State Registrar and Acting Chief
Bureau of Vital Statistics
defulton@mt.gov

Nebraska

Nebraska 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.

Stanley S. Cooper, M.S., Ph.D.
Service Administrator
Health Records Mangement Section
doh7151@vmhost.cdp.state.ne.us

Nevada

Nevada 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.

Emil DeJan
Bureau Chief, Health Planning and Statistics
Office of Vital Records
edejan@govmail.state.nv.us

New Brunswick/Nova Scotia   The following information is current as of March 2002, according to my sources:

I live in New Brunswick, Canada, I was born in Nova Scotia, Canada.

First I had to visit the Vital Statistics New Brunswick office on-line to change my name:

http://www.gnb.ca/0379/en/change.htm

They have all the info and you can order the 'kit' on-line. I was asked to provide a letter from a therapist as to verify the nature of my request. I also had to provide an original 'long-form' birth certificate, because I was born out of province. I ordered that on-line from this site:

http://www.gov.ns.ca/snsmr/onlineservices.stm

It cost $25 and was delivered promptly.

After all that, and $100 later to PNB, I got my 'Change of Name' certificate.

Then you go back to the PNS (Province of Nova Scotia) site. In order to change name and sex, you will need to supply this Change of Name certificate, a letter from your SRS surgeon, and a letter from another physician who has examined you post op.

New Hampshire

New Hampshire will change both name and sex, and will issue a new birth certificate rather than amend the old one.

New Hampshire now requires a document of a court-ordered legal sex change....just a surgeon's letter is not enough. They made this change in Nov 2001.

NH State Vital Records Code 7007.03(e)
"Upon receipt of a court order advising that such individual born in the state of New Hampshire has had a sex change, a new birth record shall be prepared in accordance with He-P 7007.02 to reflect such change."

You will also need an original or certified copy of the court order for your name change.

Ms. Karen Grady
State Registrar and Chief
Bureau of Vital Records and Health Statistics
kgrady@dhhs.state.nh.us

New Jersey

New Jersey 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. There is no fee for the procedure, but there is a fee for each copy of the new birth certificate you request.

Updated New Jersey information as of November 2002:

The filing fee for the name change was 175.00, and I had to post an ad in the local paper, once prior to the judgement being rendered, and once after. I paid I believe about 45 dollars for the both ads to run. There is a fee of 5.00 for each copy of the rendered judgment to be sealed, and the seal is essential for it to be used to change other documents. The document also has to be registered with the State, and that is an additional 50.00 fee.  As far as the gender change, one contacts the State dept. of health to petition the gender change, and you can include the court order only after it's validated by the state. A simple letter however from the surgeon doesn't suffice, what they required in my case was a notarized copy of the actual surgical report. Changing the driver's license also requires proof of SRS having been performed.

Contact information:

State of New Jersey
Department of Health
P.O. Box 370
Trenton, NJ 08625

Attention: Corrections Unit

Mr. Don Lipira
State Registrar
Vital Statistics and Registration
dll@doh.state.nj.us

New Mexico

New Mexico 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. The fees are $10.00 for changing the information, and another $10.00 for a new certificate.

Contact information:

Vital Records and Health Statistics Bureau
1105 St. Francis Drive
Santa Fe, New Mexico 87503

Phone: (505) 827 - 0121 or 827 - 2338
FAX: (505) 827 - 1751

Ms. Celine Sanchez
State Registrar
Bureau of Vital Records and Health Statistics
csanchez@health.state.nm.us

New York City

New York City has its own separate Bureau of Vital Statistics. New York City will issue a new birth certificate rather than amend the old one.

NOTE: 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/psychologist.

Steven Schwartz, Ph.D.
Registrar and Director
Office of Vital Statistics and Epidemiology
sschwart@dohlan.nycnet.ci.nyc.ny.usNew York State (see "updated information" below)

New York State will change both name and sex, and will issue a new birth certificate.

New York requires more documentation than most states. You must first complete an application which can be obtained from the following address:

State of New York
Department of Health, Vital Records Section
Corning Tower
Empire State Plaza
Albany NY 12237

Return the completed application, with fees as indicated on the application, and the following documents (all "original or certified copy"):
- 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.
- the letter from your SRS surgeon, specifying date, place, and type of procedure
- the actual OPERATIVE REPORT from your SRS
- a letter from your primary therapist "documenting true transsexualism or inappropriate sexual identification."
- 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. One certified copy will be provided following the amendment; any additional copies are $15.00 each.

Mr. Peter Carucci
Director
Vital Records Section
pmc02@health.state.ny.us

Updated information June 2002 for New York State:

It turns out that NYS has two different forms of birth certificate:

(i) a regular "Certificate of Birth" that contains your name, sex, date of birth, time of birth, county/city/town of birth, parent's names, ages and social security numbers, mother's maiden name and address at the date of birth, whether this was a twin birth, etc.

(ii) a much shorter "Certification of Birth" that the Dept of Vital Stats internally calls the "short form", which only contains your name, sex, county/city/town of birth, and date of birth.

The "short form" isn't mentioned anywhere in the paperwork, but is available by simply asking for the "short form" (it costs the same $15 as the long form) when ordering. The short form carries an impressed seal and serves as a legally valid birth certificate just as well as the long form.

The New York State short form can be very useful in cases where both first and last name were legally changed - because it eliminates the incongruity of the child on the certificate having a different last name from the parents (it is also useful in cases where the "father is unknown", etc). Quite a few postops face this problem, which causes unwanted outings if they ever need to use a regular birth certificate.

North Carolina

North Carolina 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.

See Statute 130A-118:
http://www.ncga.state.nc.us/statutes/statutes_in_html/chp130a.html

Ms. Patty N. Raper
Assistant State Registrar
State Center for Health and Environmental Statistics, DEHNR
patty.raper@ncmail.net

North Dakota

North Dakota 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.

Mrs. Beverly R. Wittman
Deputy State Registrar for Vital Statistics and Director
Division of Vital Records
bwittman@state.nd.us

Ohio

Ohio will NOT change sex on the birth certificate, and as of March 2003 sources tell me they will not change the name either. Come on people, this is ridiculous for a supposedly progressive Midwestern state.

Oklahoma

Oklahoma will issue an amended birth certificate. You will need an original letter from your SRS surgeon. A court order is not required.

NOTE that you may request a "long form" copy of the new Oklahoma birth certificate. This "long form" will list your new name and sex without mention of amendment.

What you need to send:

1. A letter to the Oklahoma Office of Vital Records stating that you want to amend your birth certificate. Tell them what the amended parts should be. Also include your full name at birth, date of birth, city/county, father’s full name, mother’s full maiden. Sign the letter. $10 for the first amended certificate.

2. Letter from the surgeon who performed the reassignment.

3. Court order for name change and gender change. (This can be with one court order or two) The court order(s) must contain your birth name, date of birth, and city/county of birth.

If you have questions, contact: Lucinda (405) 271-5615 at the Oklahoma Office of Vital Records

Ms. Mary A. Piscitello
Director, Public Health Statistics
Oklahoma State Department of Health
mary@health.state.ok.us

Ontario

Ontario will issue an amended certificate, changing either name or sex, and the certificate will not reveal which items were changed. The change of the sex designation on the birth registry is a separate process from the change of name. A copy of the long form of the certificate will list the original name and sex, along with the new name and new sex, plus annotations describing the changes made.

Change of Name: Contact the Registrar General’s office and request an “Application to change an adult’s name”. You will need original copy of your birth certificate, a signature of a guarantor, and a signature of a commissioner. Present cost is C$137.

Change of Sex Designation: Contact the Registrar General’s office and request an “Application for Change of Sex Designation on Birth Registry” package. There are three forms to be filled in. You fill in the “Application for Change of Sex Designation on Birth Registry” form. The surgeon who conducted the transsexual surgery the “Medical Certificate of Transsexual Surgery.” And another physician completes the “Medical Certificate to Substantiate Transsexual Surgery was Performed” form. The cost to have the change performed is C$37. Cost of the short form (certificate) is $C15 while the cost of the long form is C$22.

Office of the Registrar General
P.O. Box 4600, 189 Red River Road
Thunder Bay, Ontario P7B 6L8
(800) 461-2156 or (416) 325-8305

Oregon

Oregon will change both name and sex, and will issue an amended birth certificate, without any designation of what has been amended.

Updated information as of November 2002:

Contact Oregon Vital Records at this link

The telephone contact is (for now at least) Becki at 503-731-4268.  Send a copy of the name change court order and SRS surgeon's certification along with $40 to
 
Oregon Vital Records
PO Box 14050
Portland, OR 97293-0050
Attn: Becki
 
I would suggest that anyone planning on doing this call for the correct person as the job does move around.  A good referral is the department manager, (503) 731-4416.

Pennsylvania

Pennsylvania 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. The fee is $4.00, but there is no fee for military veterans.

Mail to this address:

PA Department of Vital Records
101 South Mercer Street
New Castle, PA 16101

With your materials, include your date and county of birth.

Ms. Linda A. Bordonaro
Descriptive Statistical Supervisor
Division of Health Statistics and Research
l
bordona@health.state.pa.us

Please note that some respondents report that Pennsylvania kept their original letter from the SRS surgeon and would not return it.

Rhode Island

Rhode Island 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.

Ms. Roberta A. Chevoya
State Registrar and Chief
Division of Vital Records
chev100w@wonder.em.cdc.gov

South Carolina

South Carolina will NOT issue a new birth certificate. They will send a "card" that can 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. The fee is $39.00.

Contact Information:

Bureau of Vital Statistics
Dept. of Health and Environmental Control
J. Marion Sims Building
2500 Bull Street
Columbia, SC 29201
Phone: (803) 898 - 3630

Mr. Murray B. Hudson, M.P.H.
Assistant State Registrar and Director
Office of Public Health Statistics and Information Systems
hudsonmb@columb20.dhec.state.sc.us

South Dakota

South Dakota will change name and sex designation with a court order, and will issue a new birth certificate rather than amend the old one. A letter from your SRS surgeon is not required. Contact the department of vital statistics.

Tennessee

Tennessee will NOT change the sex designation on the birth certificate.

Tennessee 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.

Texas

NOTE: AT THIS TIME THE INFORMATION BELOW IS INCORRECT. TEXAS CLERKS ARE REFUSING TO CHANGE SEX ON BIRTH CERTIFICATES, CITING THE LITTLETON CASE AS THE REASON. WHEN THIS CHANGES IT WILL BE NOTED HERE.

Texas 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.

Ms. Geraldine R. Harris
Deputy State Registrar
Bureau of Vital Statistics
geraldine.harris@tdh.state.tx.us

Utah

Utah 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.

Mr. Barry E. Nangle
Director
Bureau of Vital Records
hlvr.bnangle@email.state.ut.us

Vermont

Vermont 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.

Virginia

Virginia will issue an amended birth certificate (except as noted in the law below).

§ 32.1-269. Amending vital records; change of name; acknowledgment of paternity; change of sex.

A. A vital record registered under this chapter may be amended only in accordance with this article and such regulations as may be adopted by the Board to protect the integrity and accuracy of such vital records. Such regulations shall specify the minimum evidence required for a change in any such vital record.

B. Except in the case of an amendment provided for in subsection D, a vital record that is amended under this section shall be marked "amended" and the date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the vital record. The Board shall prescribe by regulation the conditions under which omissions or errors on certificates, including designation of sex, may be corrected within one year after the date of the event without the certificate being marked amended. In a case of hermaphroditism or pseudo-hermaphroditism, the certificate of birth may be corrected at any time without being considered as amended upon presentation to the State Registrar of such medical evidence as the Board may require by regulation.

C. Upon receipt of a certified copy of a court order changing the name of a person as listed in a vital record and upon request of such person or his parent, guardian, or legal representative or the registrant, the State Registrar shall amend such vital records to reflect the new name.

D. Upon written request of both parents and receipt of a sworn acknowledgment of paternity executed subsequent to the birth and signed by both parents of a child born out of wedlock, the State Registrar shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Upon request of the parents, the surname of the child shall be changed on the certificate to that of the father.

E. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.

F. When an applicant does not submit the minimum documentation required by regulation to amend a vital record or when the State Registrar finds reason to question the validity or sufficiency of the evidence, the vital record shall not be amended and he shall so advise the applicant. An aggrieved applicant may petition the circuit court of the county or city in which he resides or the Circuit Court of the City of Richmond, Division I, for an order compelling the State Registrar to amend the vital record; an aggrieved applicant who was born in Virginia, but is currently residing out of State, may petition any circuit court in the Commonwealth for such an order. The State Registrar or his authorized representative may appear and testify in such proceeding.
(Code 1950, § 32-353.24; 1956, c. 259; 1960, c. 451; 1979, c. 711; 1983, c. 240; 1985, c. 86.)

Washington

Washington 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).

West Virginia

West Virginia 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.

Wisconsin (update 11/2001)

1. Have SRS

2. Get a signed, dated, notarized letter from your surgeon confirming the date of the procedure. The surgeon should include your name, date of birth, date of surgery, type of surgery (male-to-female), and where it was performed.

3. Obtain your original birth certificate or a certified copy (from the address in #5, below).

4. Obtain a certified copy of your Court Order for Name Change

5. Write a letter addressed to: Vital Records Office, 1 West Wilson Street, Box 309, Madison, WI 53701-0309. At the time of this writing, the contact person was Hal Hart. Explain that you are transsexual and seek to amend your name and sex and have the original birth record impounded. They will send you a form called: Report of Order to Change Name & Sex on Birth Certificate Due to Surgical Sex-Change Procedure (Form DOH 5035). This form can be used by any state to order information on a Wisconsin birth record to be changed. Remember, your current state of residence may have their own rules as to what they are authorized to order another state to change on a birth record. You will need to check state law yourself or contact your courthouse or legal advisor.

6. Fill out Form DOH 5035 exactly as specified, making sure that you mark the box that orders the birth certificate be "Impounded and a new birth certificate shall be created for the registrant."

7. If your state of residence allows ordering the record to be impounded, you can get the order certified where you live (otherwise, you should see about returning to Wisconsin and doing it in person). Go to your county courthouse, where the Clerk of Court or Deputy can assist you in preparing the proper forms. It is very likely you will have to pay a fee, and it is also likely you will need to appear before a judge. The cost for the appearance will vary significantly: I paid $221 in my state.

8. Appear in court. You can represent yourself in court (pro se) or have a lawyer help. You should consider having a lawyer or TS friend who has been through this help you if you are uncomfortable filling out forms yourself. You will probably have to fill out a cover sheet, a complaint, and an order.

Everyone I encountered at my local courthouse, including the judge, had never done one of these before, and they process almost 20,000 cases a year. I recommend coming in with all of the necessary information. Below is the text of the Complaint and Order I wrote out on the spot, which worked fine.

Complaint

I, [full name], seek to amend the name and sex on my birth certificate to reflect my Court Order for Name Change and to reflect my surgical sex reassignment to female. I also seek to have the original birth record impounded as allowed under Wisconsin law. I ask the Court to grant relief in this complaint by ordering the Clerk of Court to certify the Report Of Order To Change Name & Sex On Birth Certificate Due To Surgical Sex-Change Procedure.

Order

In this case which came today, Plaintiff testified under oath in the complaint.
Relief in this complaint was granted after presentation of a notarized letter dated [date on letter] from [SRS surgeon], M.D., confirming that he performed surgical sex change on the Plaintiff on [SRS date].

The Wisconsin Department of Health and Family Services is directed, upon receipt of appropriate fees, to make the following changes on this birth record:

1. Amend the name as specified on Form DOH 5035 to read [new name]
2. Amend sex to read female
3. Impound the old record and create a new birth certificate for the registrant.

The Clerk of Court is so ordered to certify the Order To Change Name & Sex On Birth Certificate Due To Surgical Sex-Change Procedure.

Return the form imprinted with the court seal along with the appropriate fees. In 2001, the fee was $20 to create a new birth record. A certified copy was $12 for the first and $2 for each copy ordered at the same time.

I recommend you not trust this document to standard U.S. Mail. If you plan to overnight any information through a service that will not deliver to a mailbox, you can send it to
Vital Records Office
1 West Wilson Street, Room 158
Madison WI 53702
(608) 267-7821

Processing usually take two to four weeks.

RELEVANT LAW (subject to change):

Wisconsin Statutes:
http://folio.legis.state.wi.us/

click on the link to Statutes

Wyoming

Wyoming 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.


Please contact Dr. Becky if you have new information for this list, or any corrections.

becky@drbecky.com

 

Back to Legal Page TG Index of Subjects and Links Home