Entry #1351: Right to change legal gender in Virginia

Current Version

RegionVirginia
IssueRight to change legal gender
StatusLegal, but requires surgery
Start DateMar 27, 1979
End DateSep 1, 2020
DescriptionVirginia officially codified legal gender recognition as part of a comprehensive revision of its vital statistics framework. The statute (Va. Code Ann. § 32.1-269(E)) mandated that the State Registrar issue a new birth certificate upon receipt of a certified court order. This order had to confirm that the individual's sex had been "changed by medical procedure" and that their name had been legally changed. The legislation passed with overwhelming bipartisan support (39-0 and 40-0 in the Senate, and 77-17 in the House).
Sourceshttps://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl
https://law.lis.virginia.gov/vacodefull/title32.1/chapter7/article2/
https://www.lgbtqnation.com/2020/03/virginia-passed-statute-governing-trans-birth-certificates-1979-wasnt-controversial/
http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320
http://www.vdh.state.va.us/vital_records/faq.htm


Revision History (3)

edited by EqLawyer. Clarification of information

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Old Value New Value (Current)
Start DateOct 8, 2003Mar 27, 1979
DescriptionRequires a notarized affidavit from a surgeon outlining the surgical procedure(s). A court order may also be used as evidence.Virginia officially codified legal gender recognition as part of a comprehensive revision of its vital statistics framework. The statute (Va. Code Ann. § 32.1-269(E)) mandated that the State Registrar issue a new birth certificate upon receipt of a certified court order. This order had to confirm that the individual's sex had been "changed by medical procedure" and that their name had been legally changed. The legislation passed with overwhelming bipartisan support (39-0 and 40-0 in the Senate, and 77-17 in the House).
Show Difference
Requires a notarized affidavit from a surgeon outlining the surgical procedure(s). A court order may also be used as evidence. Virginia officially codified legal gender recognition as part of a comprehensive revision of its vital statistics framework. The statute (Va. Code Ann. § 32.1-269(E)) mandated that the State Registrar issue a new birth certificate upon receipt of a certified court order. This order had to confirm that the individual's sex had been "changed by medical procedure" and that their name had been legally changed. The legislation passed with overwhelming bipartisan support (39-0 and 40-0 in the Senate, and 77-17 in the House).
Sourceshttp://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320
http://www.vdh.state.va.us/vital_records/faq.htm
https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl
https://law.lis.virginia.gov/vacodefull/title32.1/chapter7/article2/
https://www.lgbtqnation.com/2020/03/virginia-passed-statute-governing-trans-birth-certificates-1979-wasnt-controversial/
http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320
http://www.vdh.state.va.us/vital_records/faq.htm
Show Difference
http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320 http://www.vdh.state.va.us/vital_records/faq.htm https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl https://law.lis.virginia.gov/vacodefull/title32.1/chapter7/article2/ https://www.lgbtqnation.com/2020/03/virginia-passed-statute-governing-trans-birth-certificates-1979-wasnt-controversial/ http://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320 http://www.vdh.state.va.us/vital_records/faq.htm

edited by Ro_Guy

Helpful?
0
Old Value (Original) New Value
End Date(none)Sep 1, 2020

created by RadioAndrea

Helpful?
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Original entry
StatusLegal, but requires surgery
Start DateOct 8, 2003
End Date(none)
DescriptionRequires a notarized affidavit from a surgeon outlining the surgical procedure(s). A court order may also be used as evidence.
Sourceshttp://lis.virginia.gov/cgi-bin/legp604.exe?000+reg+12VAC5-550-320 http://www.vdh.state.va.us/vital_records/faq.htm
Reports (4)
  • Newer law has been passed "No longer requires surgery. Date of bill was 3/25/20. This is the bill: https://lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=SB657 "
  • Newer law has been passed "2020 SB657 - no surgery required. Only "medically appropriate treatment" required."
  • Newer law has been passed "https://equalityvirginia.org/what-we-do/make-equality-real/dmv-gender-marker-update-process/"
  • Status is not correct