Name and Gender Marker Changes Attorney

Transgender Name and Gender Change

A name and gender marker changes lawyer can help advise transgender individuals who were born in Virginia change your name and gender on your birth certificate and other legal documents. Virginia residents now can accomplish gender marker changes without court action. Name changes still require a court order. 

Our legal firm is experienced in assisting transgender individuals in amending their birth certificates and other legal documents to reflect their correct name and gender. 

Please contact our office below with any inquiries about our birth certificate amendment services.

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Changing Your Name and Gender on Your Virginia Birth Certificate

If you are a transgender individual born in Virginia and you wish to amend your birth certificate in order to correct your name, you will need a court order to do so. Our firm is experienced in helping transgender individuals petition Virginia courts to achieve a name change and we are happy to help you change your name. 

Amending your birth certificate to recognize a change of gender, however, does not require a court order, unless you are also amending your birth certificate to reflect a new name (in that case, a copy of that order is required). Instead, you can file a request through the Virginia Department of Vital Records.

Forms Needed to Change Name and Gender

 For a gender marker birth certificate amendment, the State Registrar must receive:

  • A request from the individual or their parent (if the individual is under the age of 18).
  • A copy of valid ID from the requestor.
  • A properly executed Changing Sex Designation (VS42) form.
  • A certified copy of a court order changing the person’s name if applicable. Please note a copy of the name change petition/application is needed if the court order does not show the individual’s name at birth, date of birth and place of birth.
  • $10 administrative fee to establish the new birth certificate.
  • $12 for each certified birth certificate requested.

Virginia law requires the gender transition of an individual to have taken place “by clinically appropriate treatment.” In other words, the Changing Sex Designation (VS42) form must be completed by the physician who assisted in your gender transition. The VS42 form is available online through the Virginia Department of Vital Records.

According to Va. Code § 32.1-269(C), every request to amend a birth certificate is reviewed to determine whether it can be made administratively, so it is possible a court order will be requested if the documentation provided is not deemed sufficient. If this is the case, the State Registrar will notify you in writing. Our firm is experienced in assisting transgender individuals to amend their birth certificates, so please contact our office to help you through the court process. 

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 by clicking here.

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Gender Marker and Name Change FAQ

Will I have to prove my gender to someone?

No. You will only need to submit a 1-page form from your healthcare provider that states you’ve received clinically-appropriate treatment for a gender transition. The form does not ask what specific treatment you’ve had.

Do I need a court order to change my gender marker in Virginia?

No, you do not need a court order. Simply fill out the form and attach the requested documents from your medical provider.

Why should I hire a gender marker and name change attorney?

Quinn Law Centers has experience helping transgender individuals amend their birth certificates to reflect their correct gender and name. Our compassionate attorneys can also provide valuable advice and resources.

Can I use a non-binary gender marker on my birth certificate?

Currently and unfortunately, in Virginia, the law the law only allows for a “male” or “female” designation.

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