Current Version
| Region | South Dakota |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Jul 1, 1980 |
| End Date | (none) |
| Description | Legal gender recognition is permitted under a broad interpretation of South Dakota Codified Laws § 34-25-51 and South Dakota Administrative Rule (ARSD) 44:09:05:02. While the statute and regulations do not specifically mention sex-reassignment surgery or gender identity, they grant the Department of Health general authority to amend "incorrect data" on vital records. To officially update the gender marker on a birth certificate, an applicant must successfully petition a judge and submit a certified court order directing the agency to issue an amended certificate. Additionally, state regulations technically permit amendments if the applicant can provide historical documentary evidence that is at least seven years old attesting to their gender, though securing a court order remains the primary and most reliable administrative pathway. |
| Sources | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician https://sdlegislature.gov/Rules/Administrative/44:09:05:02 https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl https://sdlegislature.gov/Rules/Administrative/44:09:05 https://www.law.georgetown.edu/poverty-journal/wp-content/uploads/sites/25/2019/12/26-3-Challenging-Inaccurate-Sex-Designations-on-Birth-Certificates-2.pdf |
Revision History (4)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Legal, but requires surgery |
| Special Status | Ambiguous | Legal, but requires surgery |
| Description | South Dakota has no specific statutes addressing legal gender change, it is done through the courts. Requirements vary by individual judge. | Legal gender recognition is permitted under a broad interpretation of South Dakota Codified Laws § 34-25-51 and South Dakota Administrative Rule (ARSD) 44:09:05:02. While the statute and regulations do not specifically mention sex-reassignment surgery or gender identity, they grant the Department of Health general authority to amend "incorrect data" on vital records. To officially update the gender marker on a birth certificate, an applicant must successfully petition a judge and submit a certified court order directing the agency to issue an amended certificate. Additionally, state regulations technically permit amendments if the applicant can provide historical documentary evidence that is at least seven years old attesting to their gender, though securing a court order remains the primary and most reliable administrative pathway. |
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| Sources | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician https://sdlegislature.gov/Rules/Administrative/44:09:05:02 | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician https://sdlegislature.gov/Rules/Administrative/44:09:05:02 https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl https://sdlegislature.gov/Rules/Administrative/44:09:05 https://www.law.georgetown.edu/poverty-journal/wp-content/uploads/sites/25/2019/12/26-3-Challenging-Inaccurate-Sex-Designations-on-Birth-Certificates-2.pdf |
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edited by mineszilla. law cited does not indicate surgery is required but it is left up to the judge
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | (REMOVED) |
| Special Status | Legal, but requires surgery | Ambiguous |
| Description | South Dakota requires surgery for legal gender recognition. | South Dakota has no specific statutes addressing legal gender change, it is done through the courts. Requirements vary by individual judge. |
Show Difference | ||
edited by DaisyGeekyTrans. Adding start date.
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Start Date | (unknown) | Jul 1, 1980 |
| Sources | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician https://sdlegislature.gov/Rules/Administrative/44:09:05:02 |
Show Difference | ||
created by DaisyGeekyTrans
Helpful?
0 | Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | (unknown) |
| End Date | (none) |
| Description | South Dakota requires surgery for legal gender recognition. |
| Sources | https://transequality.org/documents/south-dakota-identity-documents#:~:text=In%20order%20to%20update%20name,affidavit%20from%20a%20licensed%20physician |