Can I change the sex that is on my birth certificate?

Important Notice: During 2025, the information related to federal ID rights and sex/gender on federal records is changing rapidly. An executive order issued earlier in 2025 temporarily banned sex or gender changes on federal identity records and documents. This included passports, Social Security records, tribal and BIA related records, immigration records and other federal records. These bans are being challenged by lawsuits. 

The ACLU’s lawsuit about the passport ban got back the right to change passports as of June 18, 2025 through a temporary preliminary injunction. This means that the case isn’t done yet but that gender diverse people can resume changing their passports while the case continues. To change your passport, you must complete a new data collection form about your sex, gender and gender identity. This form will become part of your permanent federal government records. It is possible that the Social Security Administration (SSA) will similarly update their systems to allow sex changes again later this summer but currently the SSA can’t process sex changes for their records.

Can this guide help me change the sex that’s on my birth certificate?

Yes. This guide can help you understand what’s required to amend the sex on your birth certificate if:

• You were born in Washington.
• You were born somewhere else but live in Washington now.

You might be able to use the blank court forms in this guide if your birthplace requires a court order to amend your birth certificate. 

Will I need to get a court order to change the sex on my birth certificate?

It depends on where you were born and the rules of that place.

If you were born in Washington, you won’t need a court order-you’ll just need a form.  Many other birthplaces also just require a form. Some also require medical proof of some kind.

You can’t amend the sex on your birth certificate at all if you were born in any of these states: Florida, Indiana (due to new governor ban that is being challenged), Iowa, Kansas (currently changing because of lawsuit progress), Oklahoma, Tennessee, and Texas. The federal ban on changing sex on records effectively also banned changing Consular Record of Birth Abroad certificates. Certain states, colonies, and territories also have unclear processes making it impossible to change your birth certificate even if technically allowed. If you were born in one of these places, use our list in Chapter 13 to find out what organization you can contact about any lawsuits and law changes.

Which birthplaces require court orders?

As of July 2025, these states and colonies require a court order to amend the sex identifier on your birth certificate if you were born in: 

• Alabama, Arkansas, Georgia, Guam, Louisiana, Mississippi, Missouri, New Hampshire, North Dakota (or a medical letter confirming genital reassignment surgery), Northern Mariana Islands, Ohio, South Carolina, South Dakota (optional but helpful), Utah, Wisconsin, and Wyoming. It may be helpful for you to get a court order if you were born in the U.S. Virgin Islands. You can use the court forms in this guide in Chapter 31 if you need a court order.

Can I use the forms in this guide for a legal gender change?

No. Use the forms here only for a birth certificate amendment court order request. Our other guide has the correct court forms for legal confirmation of gender.