Current Version
| Region | Nevada |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Dec 3, 1984 |
| End Date | Feb 10, 2017 |
| Description | Legal gender recognition was formally established in Nevada through an amendment to the Nevada Administrative Code (NAC). Specifically, NAC 440.130 mandated a strictly judicial and medicalized process for amending birth certificates. The regulation explicitly stated: "The State Registrar may prepare a new certificate of birth for a person having a sexual transformation only upon order of a court of competent jurisdiction." The court order was required to specify the exact facts to be changed on the new certificate. This framework forced transgender individuals to undergo gender-affirming surgery ("sexual transformation") and subsequently prove this medical intervention before a judge to secure the necessary court order, making the process highly restrictive and entirely dependent on judicial approval. |
| Sources | https://www.leg.state.nv.us/NAC/NAC-440.html#NAC440Sec130 https://www.dpbh.nv.gov/siteassets/boards/boh/meetings/zdelete-2016/NAC_440_Review_05-16_7-7-16.pdf |
Revision History (3)
| Old Value | New Value (Current) | |
|---|---|---|
| Start Date | Jan 9, 2004 | Dec 3, 1984 |
| Description | NAC 440.130 provides allowance for persons to change gender on birth certificates and other vital records so long as a certifying physicians signs off on the persons gender identity. | Legal gender recognition was formally established in Nevada through an amendment to the Nevada Administrative Code (NAC). Specifically, NAC 440.130 mandated a strictly judicial and medicalized process for amending birth certificates. The regulation explicitly stated: "The State Registrar may prepare a new certificate of birth for a person having a sexual transformation only upon order of a court of competent jurisdiction." The court order was required to specify the exact facts to be changed on the new certificate. This framework forced transgender individuals to undergo gender-affirming surgery ("sexual transformation") and subsequently prove this medical intervention before a judge to secure the necessary court order, making the process highly restrictive and entirely dependent on judicial approval. |
Show Difference | ||
| Sources | https://www.leg.state.nv.us/NAC/NAC-440.html#NAC440Sec130 | https://www.leg.state.nv.us/NAC/NAC-440.html#NAC440Sec130 https://www.dpbh.nv.gov/siteassets/boards/boh/meetings/zdelete-2016/NAC_440_Review_05-16_7-7-16.pdf |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Start Date | Jan 6, 2015 | Jan 9, 2004 |
| End Date | (none) | Feb 10, 2017 |
| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | Jan 6, 2015 |
| End Date | (none) |
| Description | NAC 440.130 provides allowance for persons to change gender on birth certificates and other vital records so long as a certifying physicians signs off on the persons gender identity. |
| Sources | https://www.leg.state.nv.us/NAC/NAC-440.html#NAC440Sec130 |
Reports (5)
- Newer law has been passed "Letters of affidavit required; not surgery."
- Status is not correct "Check again "
- Status is not correct "I and many others have changed markers without surgery "
- Status is not correct "The law requires only affadavits from friends, family, or medical professionals in order to change your birth certificate; you also don't need to publish your name in the newspaper anymore.
http://www.transequality.org/documents/state/nevada
https://www.reviewjournal.com/news/2017-legislature/transgender-name-change-bill-unanimously-passes-nevada-assembly/"
- Status is not correct "Nevada recently reformed their birth certificate regulations, and now have the most progressive such laws in the country. Not even a doctor's note is required anymore.
http://www.transequality.org/blog/victory-nevada-passes-the-most-progressive-birth-certificate-gender-change-policy-in-the-nation
"