Gender X Birth Certificate Laws, Requirements, and Policies by State

This allows parents to update the child’s gender identity so that it is accurately reflected on the minor’s legal documents as the child grows.

Some states -such as Illinois and New Jersey- allow X as a 3rd gender option on a birth certificate. However, they do not allow this gender-neutral option on other state identification documents.

This poses a problem that calls for further legislation to allow effective solutions for individuals that fall within this bracket to obtain other forms of identification that match their gender assignment.

The health requirements also change depending on the state. Some state laws allow adults with a non-binary identity to have their birth certificate amendedto gender-neutral without requiring a note from a medical professional.

In other states, individuals that wish to change the sex marker on their birth certificate are required to provide proof of gender confirmation surgery.

As explained, laws and policies are changing nationwide to allow for non-binary gender end a gender-neutral birth certificate also vary greatly.

Find below a comprehensive map of US birth certificate policies by state that will help you navigate state laws. Find the state you are interested in and see if non-binary birth certificates are available and what requirements you must meet.

Non-Binary Birth Certificates vs State IDs

Some states only allow gender-neutral birth certificates, others only allow gender-neutral state IDs, while yet another group offers both gender-neutral photo IDs such as driver’s licenses as well as birth certificates.

Non-binary birth certificates in California

The state of California no longer defines gender as either male or female, since it incorporated a 3rd option in 2019.

This extends beyond just birth certificates in California and includes other official documents such as driver’s licenses and State ID which all recognize non-binary as a 3rd gender.

The Gender Recognition Act, not only allows for a third gender choice on birth certificates and driver’s licenses but also facilitates the process for the transgender community to modify their gender on documents.

It puts an end to the requirements of sworn written documents provided by their doctors and is replaced by an affidavit by the individual in which they declare that the change aligns with their gender identity.

With this measure, California follows Oregon and Washington, who already recognize non-binary individuals on driver’s licenses and State IDs. However, it was the first state to extend it to birth certificates.

Non-binary birth certificates in New York

New York City passed a law that allows non-binary and gender-nonconforming people to obtain birth certificates that align with their gender identity by presenting a personal affidavit.

Similar to California, no document from a doctor is required to change the sex listed on their birth certificate, making it easier for both transgender people and those defining as non-binary or gender fluid.

In a statement to the press, Council Speaker Corey Johnson, who announced the law, said that the legislation “will make New York birth certificates more inclusive www.hookupdate.net/es/chnlove-review/ for all and will send a powerful signal to the world that New York City government works for everyone”.

New York City joins other East Side states in their strides to create more inclusive laws. Maine followed suit and started allowing an “X’ on driver’s licenses, as do Vermont , Utah and Minnesota.

Please note that New York City and New York State have separate departments handling birth certificates. Currently, only those born in NYC can obtain birth certificates with the third gender option.

Neutral birth certificates in New Jersey

In , New Jersey Governor Phil Murphy signed a comprehensive birth certificate law which allows people to choose “male,” “female,” or “undesignated/non-binary,” in the sex field, which became effective on .