Can You Legally Change Your Gender Without Surgery?

Can you legally change your gender without surgery in North Carolina? This is a crucial question for many individuals seeking to align their legal documents with their gender identity without sex reassignment surgery.

Whether you’re struggling in your daily life or seeking to ensure your legal records reflect your true self, understanding the legal avenues available can provide much-needed clarity and peace of mind.

In this blog, we’ll explore the process, requirements, and essential steps for correcting your gender marker on official documents in North Carolina, all without the necessity of surgery.

Change Name and Gender Marker on Identification Documents

In North Carolina, you can legally change your name and gender marker on your driver’s license and other official documents.

Although the process can be challenging, it is important to note that changing your name is a separate procedure from correcting your gender marker.

Here’s an overview of how to legally change both in North Carolina and the potential challenges you might face.

“Valid” Reasons for a Name Change in North Carolina

North Carolina permits name changes for various reasons, including:

• Marriage
• Divorce
• Adoption
• Naturalization as a citizen
• Other valid reasons (such as not identifying with the gender assigned at birth)

Transgender, gender non-conforming (GNC), and non-binary individuals often encounter misunderstanding and discrimination when their identification documents do not match their gender expression. This can lead to mistrust, harassment, or worse when presenting identification.

Presenting an ID that doesn’t align with your appearance can be problematic. Employees might make ignorant comments or question your identity. Even simple tasks, like buying alcohol, can become complicated if your name and gender marker do not match your gender presentation.

Changing your name and correcting your gender marker can significantly reduce anxiety and stress, allowing you to live more authentically.

Steps to Change Your Name and Gender Marker

First, we’ll discuss the process to legally change your name. Initially, you must give 10 days’ notice of your name change application by publication at the courthouse.

However, the state may waive this requirement if you can provide evidence that you are a victim of domestic violence, sexual offense, or stalking. This evidence can include law enforcement, court, or other government records, or documentation from an affiliated program of the Domestic Violence Center Fund.

Filing a Name Change Petition

Next, anytime after 10 days, file a petition at the county’s superior court clerk where you reside. There are several steps and documents required to prepare for this filing, including:

• Proof of good character from at least two county residents who know your reputation
• State and national criminal history record checks conducted within 90 days of your application. This requires obtaining fingerprints first.
• A sworn statement of your residency and proof of residency (like a government ID or lease)
• A sworn statement about not having any outstanding tax or child support obligations
• Any additional information the clerk deems necessary for a thorough review

Your application must include:

• Your current legal name
• County and date of birth
• Full names of your parents as shown on your birth certificate
• The new name you want
• Reasons for the name change
• Any previous legal name changes

After a successful filing, you should receive your Order and Certificate of Name Change within a few days to several weeks, depending on the county.

Name Changes for Minors

Teenagers may find that their given name or gender does not match their identity. With parental consent, minors can legally change their names before turning 18. The process differs for those under 16 compared to those aged 16-18.

If only one parent consents or the other parent has abandoned the child, the process can be more complicated but might still be possible. Minors or parents assisting with a name change are encouraged to seek guidance from the Scharff Law Firm.

Finalizing Your Name Change and Gender Marker with the NC DMV

The first step is to take your court ordered name change and update your name with the Social Security Administration at least 3 business days before going to the DMV. You can also correct your gender marker at the SSA. The SSA accepts self-attestations regarding gender. 

After your SSA is updated, you can present your legal name change order to the DMV to update your driver’s license. You can also submit a “Sex Designation Form” to request your new driver’s license with the correct gender marker.

You’ll also want to correct your name and gender marker with places like banks, utilities, and other entities where you have accounts. Once the change is complete, start using your new name for official signatures.

Updating Birth Certificates

You can also use your name change court order to change your name on your North Carolina birth certificate. Read on for more detailed information about updating your birth certificate!

At Scharff Law, we are committed to helping you successfully complete the name and gender marker change process at all levels. Get in touch for a FREE consultation today and find out how to get started!

Correcting Gender Markers on Passports

Since June 2021, the State Department no longer requires medical certification to change the gender marker on passports. Transgender individuals can select their gender marker on the application. As of April 2022, applicants can also choose an “X” gender marker. 

Refer to the State Department’s website for more details.

By following these steps, you can ensure your identification documents accurately reflect your identity, helping you live with confidence and authenticity. If you need assistance, contact the Scharff Law Firm for guidance through the process.

Changing Your Gender Marker on a Birth Certificate in North Carolina

Correcting Gender Markers on Birth Certificates

Previously, North Carolina required “sex reassignment surgery” to correct the gender marker on birth certificates.

North Carolina has recently implemented changes to make it simpler for transgender individuals to correct the gender marker on their birth certificates. The Department of Health and Human Services has entered into a consent agreement that removes the previous necessity for surgery in order to change the gender marker.

This update is a positive development for transgender individuals who were unable to update their birth certificates to accurately reflect their gender. Here are the instructions for filling out the “birth certificate amendment form” correctly in order to change the gender marker on your birth certificate in North Carolina.

With successful processing, you’ll receive your amended birth certificate in the mail!

What Is a Birth Certificate Amendment Form?

Now, you can apply for a gender marker correction by completing the NC Department of Health and Human Services Birth Certificate Modifications Form, submitting supporting documents, and paying a $39 fee to N.C. Vital Records. If you need help gathering the required documents, a gender correction attorney can assist you.

If you can’t provide the evidence or identification needed to support your correction request and don’t want to go to court, your attorney can help you gather the necessary documents. Your attorney knows how to find and obtain these documents and can guide you through the process.

How to Complete a Birth Certificate Amendment Form

Part One

The first part of the form to correct your birth certificate is self-explanatory and includes:

• Your First, Middle, and Last Name at Birth
• Date of Birth
• County of Birth
• Whether your parents were married at the time of your birth
• Both Parents’ full names and if it applies, their last names prior to their first marriage.

Part Two

In this section, you’ll state which modifications you need on your birth certificate. You’ll also give information about:

• Incorrect information for your existing gender marker
• Correct gender as you would like it to appear
• Reason for your birth certificate modification
• A list of the documents you submit to support the modification

You’ll also need a sworn statement that you will affirm and sign in the presence of a notary public stating:

I do solemnly swear that:

• I am requesting that the birth record be modified
• I have personal knowledge of the correctness of the statements made in this application and the evidence supplied to support the modification.
• That the facts listed under the “incorrect information” section of this application are incorrectly stated or omitted on my birth record
• That the amendment requested under the “corrected information” section of this application will change the birth record to make it reflect the true facts.

What Do I Need for the Birth Certificate Amendment Form?

To update the gender on your North Carolina birth certificate, you’ll need to submit three specific types of documentation. If you were born outside of North Carolina, you’ll need to consult with the Vital Records department for the state you were born in. Some states require a court order to correct a gender marker. If you were born outside of North Carolina and have questions about the steps to correct your birth certificate, contact Scharff Law Firm for a free consultation. 

Here are the steps and documents needed to correct a North Carolina birth certificate. 

Legal Name & Address Proof

If your identification name doesn’t match the name on the certificate, you must show proof of a legal name change. You might also want to ask Vital Records to change your name on your birth certificate at the same time you are correcting your gender marker. The address on your vital records application must match the address on the identity documents you provide.

Evidence for a previous name change may include a certified:

• Marriage certificate
• Divorce decree
• Legal name change court order that reflects the history of the changes to the name on the certificate requested

Proof of Identity

Next, you’ll need to prove your identity with your driver’s license, passport, military ID, student ID with a transcript, corrections ID card, or government employee ID card.

If you don’t have these, you can prove your identity in other ways. It helps to discuss ways to obtain proof of your identity with your name change and gender marker change attorney.

Proof of Legal Entitlement to Modify Your Birth Record Gender

If you are over 18, you may request to modify the gender on your birth certificate yourself.

Just a heads up: If you’re under 18, your parent(s) listed on your birth certificate (or your legal guardians) can ask to correct the gender listed on your birth certificate. Both legal parents listed on your certificate need to sign the application. In the case of legal guardians, they need to sign the application instead.

Before mailing, ensure you include:

• Payment as a certified check or money order
• A properly completed and notarized application
• Evidence and proof of identity
• Evidence and proof of entitlement

Correct Your Birth Certificate Gender Marker in North Carolina

You may choose one of these four options to correct the gender marker on your birth certificate.

Option One: Use the Corrected ID

Include clear copies of one of these documents that show the gender you would like to see corrected on your birth certificate:

• Valid NC Driver’s License or ID
• US passport

Option Two: Submit a Certificate of Gender Identity

A signed statement (certification) of your gender identity, based on the professional opinion of a:

• Physician
• Psychiatrist
• PA
• Licensed Therapist, Counselor or Psychologist
• Social Worker
• Case Worker

Option Three: Statement by Your Birth Attendant

A statement by one of these professionals:

• Your birth attendant or, if unavailable, the attendant’s authorized medical associate
• The chief medical officer of the facility where you were born

Option Four: Gender-Affirming Surgery

You can apply for a new birth certificate after undergoing gender-affirming surgery. To do this, you will need to provide a notarized doctor’s statement along with a written request to correct your birth certificate. However, again, the other three options discussed above are available and you no longer have to have had gender affirming surgeries to qualify. 

Scharff Law Is Here to Help

At Scharff Law, we are dedicated to assisting those who need a name change or gender marker correction due to their legal gender not matching their gender identity. We understand the significance of having documents that accurately reflect your true self, and we are here to guide you through every step of the process.

Our team can help you gather the necessary documents, fill out forms correctly, and navigate the legal system to ensure your identity documents are updated smoothly.

If you need assistance or have any questions about changing your name or gender marker on your identification documents, please contact us for a free consultation. 

We are committed to providing the support you need to live your life authentically and with confidence.