How to change a birth record with a court order of change of sex
To change a person's designated sex, Oregon law requires a court order (judgment). Oregon Revised Statute (ORS) 33.460 effective January 1, 2014 states:
- A court that has jurisdiction to determine an application for change of name of a person under ORS 33.410 and 33.420 may order a legal change of sex and enter a judgment indicating the change of sex of a person if the court determines that the individual has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition and that sexual reassignment has been completed.
- The court may order a legal change of sex and enter the judgment in the same manner as that provided for a change of name of a person under ORS 33.410 and 33.420.
- If a person applies for a change of name under ORS 33.410 and 33.420 at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding.
Once you have an original copy of the court order of change of sex, submit the following in person (find our office ) or by mail :
- Original certified copy of the court order showing the original seal and signature of the court clerk. (Our office will keep this document in a sealed file.)
- If the court order changes the legal name as well as the sex of a person named on an Oregon birth certificate, send a signed statement (fillable PDF) from the person named on the record if that
person is 18 or older, or the parent requesting that the birth record name be changed. Use the signed statement to clarify whether there are two first, middle, or last names if the court order does not specify this information about the new name. If the birth record is for a child under the age of 18, then a parent named on the birth record, the legal guardian, or the parent who has sole legal custody of the child may sign the request to change the birth certificate name.
vital records order form (fillable PDF). The order form will provide the mailing address and information on how to pay the fee.
How the birth record will be changed
Per ORS 432.245 effective January 1, 2014, changes to sex by court order are made by creating a new birth record. No footnote documenting the change in sex will be added to the new birth record. A sealed file number will be added, and all documents related to change of sex will be placed in the sealed file. If a change of name is completed using the same court order, or if a name change is documented on the original birth record, it will also not be documented on the new birth record.
Links to information about amending vital records