New records of live birth for change of gender designation

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(a) The Registrar shall establish a new record of live birth that reflects the new gender designation and, if applicable, the new name of an individual born in the District upon receipt of the following documents:

(1) A written request, signed under oath or affirmation, for a new record of live birth with a gender designation that differs from the gender designated on the original record of live birth, from the individual or, if the individual is a minor, the individual's:

(A) Parent;

(B) Guardian; or

(C) Legal representative;

(2) A statement, signed under oath or affirmation, by a licensed healthcare provider who has treated or evaluated the individual, stating that:

(A) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or

(B) The individual has an intersex condition, and that in the healthcare provider's professional opinion, the individual's gender designation should be changed; and

(3) If a change of name listed on the certificate is also being requested, an original or certified copy of the order of the court granting the change of name.

(b) The Registrar shall also establish, upon request, a new record of live birth reflecting the new gender designation, new name, or name as previously amended, in the following circumstances:

(1) When an individual holds an amended certificate of live birth issued before November 5, 2013, that reflects a previous name change and seeks a change of gender designation;

(2) When an individual requesting a change of name holds a certificate of live birth that reflects a change in gender; or

(3) When an individual holds an amended certificate of live birth issued before November 5, 2013, that reflects a previous change in gender designation.

(c) A new record of live birth shall:

(1) Be substituted for the original record of live birth; and

(2) Not be marked "amended" or on its face indicate that:

(A) A change in gender has been made; or

(B) A change in name has been made.

(d) The original record of live birth, along with any documents submitted pursuant to this section, shall be sealed and made available only upon the demand of the individual to whom the new certificate of live birth was issued or by an order of the court.

(Oct. 30, 2018, D.C. Law 22-164, § 122, 65 DCR 9324.)


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