Transgender Legal Issues
Virginia Code § 32.1-269(E) says that:
Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person’s certificate of birth to show the change of sex and, if a certified copy of a court order changing the person’s name is submitted, to show a new name.
What does this mean? First, if you are a transgender individual born in Virginia and you want to amend your birth certificate in order to correct your name and gender, you will need a court order to do so. While Virginia courts provide forms to allow individuals to petition for a name change, there is not yet a form to petition the court for an order recognizing a change of gender. Consequently, most people who want to amend their Virginia birth certificate to correct their name and gender will need to hire an experienced attorney to draft a petition for them and help them through the process.