How to Correct Your North Carolina Birth Certificate Gender Marker

Recently, North Carolina made it easier for transgender individuals to correct the gender marker on their birth certificate. The Department of Health and Human Services entered into a consent agreement that eliminates the requirement of surgery to change your gender marker. The news is exciting for transgender individuals who were previously unable to amend their birth certificates to reflect their accurate gender. Learn how to correctly fill out your “birth certificate amendment form” so you can correct the gender marker on your birth certificate in North Carolina.

What is a Birth Certificate Amendment Form?

You can apply for a gender correction to your birth certificate by completing the NC Department of Health and Human Services Birth Certificate Modifications Form. In addition to the form, you’ll need to send the required supporting documents and a certified check or money order for $39 payable to N.C. Vital Records.

If you can’t supply the required evidence or identity to support your correction request and don’t want to deal with the court, your attorney can help you gather the supporting documents. Whether you’re unsure where to find them or how to obtain them, your attorney will understand the process and how to help.

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 the second part of the application, you’ll state which modifications you need on your birth certificate. In this section, you will 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

Part two also includes a sworn statement that you will need to 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?

You must provide three types of documentation to correct the gender on your North Carolina birth certificate.

1- Legal Name & Address Proof

First, if the name on your identification doesn’t match the name on the certificate, you must provide evidence of a legal name change. You may also want to ask Vital Records to amend your name on your birth certificate as well at the same time you are correcting your gender marker. The address on your vital records application must also 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

2- Proof of Identity

Secondly, 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 check out alternative ways to prove your identity or discuss ways to obtain proof of your identity with your attorney.

3- 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.

However, if you are under 18, your parent(s) listed on your birth certificate (or your legal guardians) may request to correct the gender on your birth certificate. Both legal parents listed on your certificate must sign the application. With legal guardians, they must 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 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 Corrected ID

Clear copies of one of the below 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 Reassignment Surgery

You may also apply for a new birth certificate with proof of gender reassignment surgery. Still, you will need a notarized doctor’s statement and your written request to correct your birth certificate.

Benefits of Correcting Your Birth Certificate Gender Marker

Some of the benefits you may experience after updating your birth certificate include:

• Easier time going through airport security
• Alignment of your birth certificate with other identification documents
• Reduced stress and anxiety around having to present a document that doesn’t match your gender identity

Correcting the gender marker on your birth certificate in North Carolina is now easier than ever. You now have the power to ensure your identity documents accurately reflect your gender identity. For more information or help with this process, please contact an experienced attorney today.

We Can Help

At Scharff Law Firm, we represent those who wish to correct their name or gender marker on their birth certificate or other documents. We understand the importance of having identifying paperwork that accurately reflects your identity. We are here to help you through this process. Please contact us today to schedule a free consultation.