Virginia Code § 32.1-269(E) says that:
Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person’s certificate of birth to show the change of sex and, if a certified copy of a court order changing the person’s name is submitted, to show a new name.
What does this mean? First, if you are a transgender individual born in Virginia and you want to amend your birth certificate in order to correct your name and gender, you will need a court order to do so. Virginia courts provide forms to allow individuals to petition for a name change, and, very recently, have also created a separate form to allow individuals to petition to change their gender marker on their birth certificate. Consequently, most people who want to amend their Virginia birth certificate to correct their name and gender may be able to do so on their own. However, if you have questions about the process or the type of documentation you will need to attach to your petition, it may be helpful to consult with an attorney who is experienced in this area of the law and can help walk you through the process.
As you can see from the statute section above, Virginia law requires court orders for gender corrections to indicate that the sex of an individual has been changed “by medical procedure.” In other words, if you want to petition the court for an order to correct your gender on your birth certificate, you will need to attach an affidavit from a medical professional. The law does not specify what “medical procedure” means exactly, and the form provided by the Virginia Supreme Court does not specifically require proof of surgery; it simply directs you to “attach documentation from a licensed provider indicating that the sex of the individual has been changed by medical procedure.” Accordingly, the affidavit from your medical provider should be acceptable as long as it confirms that your gender has been changed by medical procedure, however you and your provider define that. In most cases, as long as your petition form is filled out correctly and includes all of the necessary documentation, a court will not require a hearing before entering an order to correct your name and gender on your birth certificate.
Our firm is experienced in assisting transgender individuals to amend their birth certificates to reflect their correct name and gender. Please contact our office with any further inquiries about our birth certificate amendment services. You can also download the forms to petition the court for a change of your name and gender here:
Name change:http://www.courts.state.va.us/forms/circuit/cc1411.pdf
Note: Some jurisdictions have local versions of this form that they require you to use. You should check the website for the civil circuit court in the county or city where you live, or call the clerk of court for specific instructions.
Gender marker change: https://www.transequality.org/sites/default/files/docs/id/VA Order for Change of Sex.pdf