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How Can I Change My Gender On My Illinois Birth Certificate? | Transgender Rights

Updated on
November 20, 2020
Article written by
Attorney Kevin O'Flaherty

In this article, we discuss the process of changing gender on an Illinois birth certificate and answer the following questions:


  • How Do I Change The Sex Designation On My Illinois Birth Certificate?
  • What Kind of Licensed Health Professional Can Sign The Declaration?
  • What If I Also Want To Change My Name On My Birth Certificate?
  • How Do I Change The Gender Marker On My Illinois ID?


In 2017, Governor Rauner signed into law an amendment to the Illinois Vital Records Act. This amendment made it possible for people born in Illinois to change the gender designation listed on their birth certificate and driver’s license without the requirement of already having undergone surgery.


How Do I Change The Sex Designation On My Illinois Birth Certificate?


Anyone interested in changing the sex designation on their Illinois birth certificate must follow these three steps:


  1. They must fill out and submit an Affidavit and Certificate of Correction Request form. This form will state their intention to change the sex designation on their Illinois birth certificate. Their signature on this affidavit must be notarized. Notarization services are quick and easy and available at our law office.
  2. They must obtain and have a licensed health care professional or licensed mental health professional fill out and sign a Declaration of Gender Transition or Intersex Condition form. This is a form stating that you have an intersex condition or that you have undergone appropriate clinical treatment for the purpose of gender transition. This form does not need to be notarized, but must be signed by the licensed health professional.
  3. Pay the $15 fee to IDPH to obtain one copy of the new birth certificate.


What Kind of Licensed Health Professional Can Sign The Declaration?


You have many options when considering who to have sign the Declaration of Gender Transition or Intersex form. Those that can legally sign the form include:


  • A licensed physician
  • Advanced practice nurse
  • Physician assistant
  • Anyone licensed or registered to provide mental health services by the IDFPR
  • Any other licensed mental health professional


What If I Also Want To Change My Name On My Birth Certificate?

If you are already planning to change your sex designation on your birth certificate, you can obtain a court order for a name change and include it with your Affidavit and Certification of Correction Request form.


How Do I Change The Gender Marker On My Illinois ID?


In August 2019, Illinois Governor Pritzker signed HB 3534 amending the Secretary of State Act. This will allow Illinois residents to replace the M or F gender marker on their Illinois ID’s with a gender-neutral marker. However, the Illinois Secretary of State’s office has indicated that this option may not be available until 2024.


How Can I Change My Gender On My Illinois Birth Certificate? | Transgender Rights
Author

Attorney Kevin O'Flaherty

Kevin O’Flaherty is a graduate of the University of Iowa and Chicago-Kent College of Law. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.

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