Gender Designation Amendments

Overview

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)).

Please Note: the NYS Bureau of Vital Records does not have birth records to amend for births that occurred in New York City (the boroughs of Manhattan, Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island)). Please visit the New York City Vital Records services at: Birth and Death Records (nyc.gov).

Questions or comments?

Contact the Vital Records Call Center at (855) 322-1022.

Requirements

Who is eligible to correct their gender designation?

Adults (17 years or older)

  • Individuals 17 years or older can change their gender designation on their birth certificate, including requests for ‘X ( non-binary)’ gender designations.

Minors (16 years or younger)

  • The parent(s) or legal guardian(s) of a minor named on the birth certificate, can change their gender designation on the minor’s birth certificate, including requests for ‘X (non-binary)’ gender designations.
  • The requesting parent(s)' name must be on the birth certificate.

What documentation is required to amend a gender designation on a birth certificate?

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

A. For Adults:

  • A completed Application for Amendment 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 a change to your name on your birth certificate, that must be noted on the application. The application must then include a copy of the court order authorizing your name change. A name change cannot be authorized without a court order.

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 Amendment 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 must be noted on the application. The application must then include a copy of a court order authorizing the name change. A name change cannot be authorized without a court order.

Original Birth Certificate is sealed:

When a gender designation is amended on a birth certificate, 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 free of charge.
  • Additional copies are $30.00 each

Mail forms to:

New York State Department of Health Vital Records
Fulfillment Unit
P.O. Box 2602
Albany, NY 12220-2602

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

Questions or comments: contact the Vital Records Call Center at (855) 322-1022.