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Change of Sex on a Birth Certificate

Posted by attorney Mary Commander

Change of Sex on a Birth Certificate

A procedure exists under Virginia law for the change of a person's gender and the issuance of a new birth certificate.

Virginia Code Section 32.1-269 requires:

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.

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.

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