Gender Designation Corrections

Overview

"In New York State, discrimination based on gender identity or sexual orientation is illegal - period." – Governor Andrew Cuomo

Vital Records may amend gender designations on birth records for all of New York State except New York City. It does not have these records for New York City (the boroughs of Manhattan, Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island)).

Requirements

Who is eligible to correct their gender designation?

Adults (See Adult application letter to assist with requests):

  • The person named on the birth certificate who is 17 years of age or older who wishes to change the gender designation on their birth certificate, including requests for non-binary gender designations.

A minor (See Minor application letter to assist with requests).:

  • The parent(s) of a minor named on the birth certificate, including requests for non-binary gender designations. In this context, a minor is considered to be an individual age 16 or younger and the request must be made by the parent(s) or legal guardian(s) of the minor. The requesting parent(s)' name must be on the birth certificate.
  • The legal guardian of a minor named on the birth certificate, including requests for non-binary gender designations. In this context, a minor is considered to be an individual age 16 or younger and the request must be made by the parent(s) or legal guardian(s) of the minor.

Who is eligible to correct their gender designation?

Application must be submitted with copies of either A or B:

A. For Adults:

  • A completed Application for Correction of Certificate of Birth for Gender Designation for an Adult (DOH-5305).
  • A Notarized Affidavit of Gender Error for a Person 17 Years of Age or Older (DOH-5303).

If you are simultaneously requesting that your name be changed on your birth certificate, that should be noted on the application. Your application must then include a copy of the court order authorizing your name change.

OR

B. For Minors:

  • A completed Parent/Legal Guardian Application for Correction of Certificate of Birth for Gender Designation for a Minor (DOH-5306) signed by the parent(s) or legal guardian(s).
  • A Notarized Affidavit of Gender Error for a Person 16 Years of Age or Under (DOH-5304).

If the parent(s) or legal guardian(s) is simultaneously requesting that the minor's name be changed on their birth certificate, that should be noted on the application. The application must then include a copy of a court order authorizing the name change.

Original Birth Certificate is sealed:

The original birth certificate and all other documents relating to the gender designation or name change will be retained in a sealed file. Only the amended birth certificate will be released upon future requests for a certified birth certificate.

Fees

We are currently experiencing significant delays in order processing.

  • One certified copy of the amended birth certificate will be provided to the applicant.
  • Additional copies are $30.00 each

Mail forms to:

New York State Department of Health
Bureau of Vital Records Administration
800 North Pearl St Rm 216
Albany, NY 12204

Walk-in Services are unavailable for this service.

Payment Options:

  • Personal Check,
  • Postal Money Order, or
  • Certified Check

Made payable to NYS Department of Health. Payment for orders from foreign countries must be made by a check drawn on a United States bank or by international money order - Do not send cash