New York has made it easier for transgender individuals to change their gender on their birth certificate. Under previous laws, the state of New York required that transgender individuals to provide proof of sex-reassignment surgery to change their name on their birth certificate.

However, many transgender individuals choose not to undergo sex reassignment surgery, but still desired to change the gender in their birth certificate. New York will issue updated birth certificates once applicants provide a medical affidavit stating they have received clinical treatment.

What are the Steps to Change Your Gender on a Birth Certificate in New York?

Following a sex change, a person must file many legal changes to truly reflect his or her new identity. Such changes include getting a new birth certificate. In New York, the state will issue a new birth certificate reflecting the proper sex. To change your gender on a birth certificate in New York, there are two routes options: 

  1. Application Form: Fill out the Birth Certificate Correction Application Form which requires:
    1. Name;
    2. Date of Birth;
    3. Parents’ names on existing birth certificate;
    4. Place of birth;
    5. Type of change requested;
    6. Corrected gender; and
    7. Name change (if applicable).
    8. Certified Copy of Current Birth Certificate or Notarized Affidavit Confirming Age: both documents must confirm that the applicant is 18 years or older.
      1. Notarized Affidavit of Gender Error: In addition to the above, they need to submit a document that confirms the applicant has been living in their correct gender before they submitted their application.

Then, the applicant must submit one of the following:

  1. Proof of Sex Reassignment Surgery: a notarized affidavit from either a physician, a nurse practitioner, or a physician’s assistant, confirming that the applicant underwent sex reassignment surgery.
  2. Proof of Clinical Treatment: a notarized affidavit from a physician, nurse practitioner, or a physician’s assistant (along with their medical license number) on their letterhead that states the applicant has undergone treatment after being diagnosed with:
    1. Gender Dysphoria; or
    2. Transsexualism

Where Do I File the Paperwork?

Once the forms are completed, all forms must be mailed to:

New York State Department of Health
Director of Vital Records
Personal and Confidential
800 North Pearl St 2nd Floor
Albany, NY 12204

If the applicant is filing while in prison, then they must submit it through the state legal system and will be reviewed by the court. If the applicant is also filing for a name change, they must also fill out separate paperwork and petition for a court order to change their name

It is also important to check to for any fees that you must submit along with your application.

Do I Need Help from a Lawyer?

Since there are many obstacles in obtaining a correcting your birth certificate, an experienced local New York family law lawyer can aid you in the process. Additionally, a lawyer can make sure all your paperwork is up to par such that the process will not be delayed. They can also let you know what to do if your application for changing your gender has been denied, and what steps you can take next.