Can I change my sex on legal documents in a different state?

[minluse]

I live in Colorado, but they require surgery to get a new birth certificate, and I don't want to undergo any bottom surgery at the moment. Though, the country I'm going to divides people into dormitories based on the sex of their passport, so I'm hoping to make it a little easier for me by getting my birth certificate amended in a new state. In Wyoming, which isn't too far from here, they can approve to have a birth certificate amended without any surgery, but I'm unaware if I can do this. I turn 18 soon. It would be great if people would help me out a bit.

[Dena]

The state you were born in changes your birth certificate. In a case like mine where I was born in Wisconsin but live in Arizona, I need to have the Arizona court order the state of Wisconsin to change my birth certificate. Wisconsin requires a surgeons certificate so it can't be change until after surgery. Sometimes it can get complicated if state laws conflict. There are states that will not alter your birth certificate under any condition and if you have to deal with one, you are out of luck.

[Lisa_K]

Resources like the NCTE (National Center for Transgender Equality) and The Transgender Law Center have a lot of state-by-state information on changing identity documents including birth certificates and passports.

Google can get you there. 

[Devlyn]

Here's the information we have:

https://www.susans.org/wiki/Category:Documentation_changes

Hugs, Devlyn

[elkie-t]

I live in Colorado, but they require surgery to get a new birth certificate, and I don't want to undergo any bottom surgery at the moment. Though, the country I'm going to divides people into dormitories based on the sex of their passport, so I'm hoping to make it a little easier for me by getting my birth certificate amended in a new state. In Wyoming, which isn't too far from here, they can approve to have a birth certificate amended without any surgery, but I'm unaware if I can do this. I turn 18 soon. It would be great if people would help me out a bit.

You mentioned 'the country'? I'd assume it's something other than USA then. And from my experience, other countries care more about your passport than birth certificate. I might be wrong here, but... You can take a look into changing gender on your passport, and you can go to Wyoming and after some time to get your new driver license. Or apply and receive DL in the foreign country  according to your passport gender.

[KarynMcD]

You don't need to update your birth certificate, to get a passport with your correct gender. You do need a letter from a doctor though.

http://www.transequality.org/know-your-rights/passports

Oh and you can not shop around with different states to change your BC, You usually need to live in the the state where you file.

[Dee Marshall]

Not quite true, Karyn. You have to file in the state that you were born in. You don't have to still live there. I wish you were right though. New York is much more liberal than Michigan.

[Lady Sarah]

The state you were born in changes your birth certificate. In a case like mine where I was born in Wisconsin but live in Arizona, I need to have the Arizona court order the state of Wisconsin to change my birth certificate. Wisconsin requires a surgeons certificate so it can't be change until after surgery. Sometimes it can get complicated if state laws conflict. There are states that will not alter your birth certificate under any condition and if you have to deal with one, you are out of luck.

I was also born in Wisconsin, but was living in Mississippi at the time I had the gender marker on my birth certificate changed. I got the letter from the surgeon whom performed my orchiectomy, and submitted it to Wisconsin with the correct form. I got it changed without having to visit a court house. The name was another story.

had to correct autocorrect

[KathyLauren]

In most jurisdictions, gender markers on various documents (e.g. driver's license, etc) are copies of whatever is on your birth certificate.  So few places will change those documents until you have had your birth certificate changed.  Your birth certificate can only be changed in whatever jurisdiction you were born in.

So, for example, I was born in the U.K., and now I live in Nova Scotia.  I can't change my Nova Scotia driver's license gender marker until I have changed my U.K. birth certificate.  And, because I have to follow the U.K. rules, I have to wait until I have two years of RLE before I can do that.  That is typical of multi-jurisdiction legal hassles.  When I get my name change, I'll officially be Kathleen, but I'll officially still be male. 

[Dena]

I was also born in Wisconsin, but was living in Mississippi at the time I had the gender marker on my birth certificate changed. I got the letter from the surgeon whom performed my orchiectomy, and submitted it to Wisconsin with the correct form. I got it changed without having to visit a court house. The name was another story.

had to correct autocorrect

The procedure has changed at least once and most likely more than once. Currently you need two court orders, one for name and one for gender.
https://www.dhs.wisconsin.gov/vitalrecords/amendments.htm

[Lady Sarah]

The procedure has changed at least once and most likely more than once. Currently you need two court orders, one for name and one for gender.
https://www.dhs.wisconsin.gov/vitalrecords/amendments.htm

I didn't need a doctor's letter to change my name, but I did change that separately from gender. The name change was the only part I had to go to court for the order for. Actually, twice. The first time, all they had was a substitute judge that said he could not sign court orders. I went back when the regular judge was there, and got it granted.

[Sarah_P]

Not quite true, Karyn. You have to file in the state that you were born in. You don't have to still live there. I wish you were right though. New York is much more liberal than Michigan.

That's good news for me! I live in Kansas (impossible to change) but born in Missouri (requires GRS). Yay for border-straddling Kansas City! I do intend to have surgery, but I don't know how long it'll be before I could possibly afford it.

[Dena]

I didn't need a doctor's letter to change my name, but I did change that separately from gender. The name change was the only part I had to go to court for the order for. Actually, twice. The first time, all they had was a substitute judge that said he could not sign court orders. I went back when the regular judge was there, and got it granted.

From about 1980 and out of date. I suspect that it was under this that you corrected your birth certificate.

The state of Wisconsin is not permitted to issue a new birth certificate. However, under Section 69.335 of their Health Code, they are permitted to amend the birth certificate.

A court-order is not mandatory although most individuals do petition a court for a legal change of name designation. Section 69.335 specifies an affidavit (notarized) signed by the registrant is required.

No court-order is required for a change of sex designation. A statement on office letterhead, from the surgeon who performed the sexual reassignment surgery, is sufficient.

Joanna M. Clark

[Lady Sarah]

From about 1980 and out of date. I suspect that it was under this that you corrected your birth certificate.

Actually, I did not face enough challenges that required me to change my birth certificate until the year 2000. At that time, I was informed they would impound the old birth certifcate, and issue a new one. The new one that was issued is what I currently have.