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FLORIDA Statute: Fla. Stat. Ann. 382.016 (2004)
(general statute providing for change of birth certificates).
Florida will change name and sex on the birth certificate, and will issue an amended certificate; the old name and sex designation are still visible.
To process a request for birth certificate amendment as a result of gender reassignment surgery:
The registrant must present a court order entered pursuant to Section 68.07, Florida Statues OR if the order is from another state, there must be evidence that the proceeding for name change is substantially similar to that outlined in Section 68.07, Florida Statutes. The registrant may submit a copy of the petition for change of name or the applicable state statute that indicates what procedures the foreign court utilized.
The existing birth record must be amended to reflect the name change prior to processing for gender reassignment surgery.
Once the name change is recorded, the registrant must file a notarized affidavit, i.e.: DH 430, Affidavit of Amendment for Certificate of Live Birth. Additionally, pursuant to Section 382.003, the applicant must submit medical records indicating that the patient has completed sexual reassignment in accordance with appropriate medical procedures and that they are now considered to be of (male/female) gender for all medical purposes. The medical records must b signed by the physician who performed the reassignment surgery. The physician must include his/her medical license number.
The required amendment fee must be submitted and the record will be amended as outlined in Florida Administrative Code Rule. 64-V.1.003 (1) (f) to correct the gender, which conflicts with the given name as recorded.
DETAILS:
(1) the court order for a name change must be effected first-and the person should choose a clearly female name, e.g. don’t change your name to Pat, Dana, Frances/Francis, Meredith or any other name that could be construed as a male name.
(2) the birth certificate must be amended to relate the new, clearly female name.
(3) AFTER the birth certificate has been amended to reflect the new “clearly female” name, then you can apply to change the gender base on the fact that the gender is clearly in conflict with the name. You should include an affidavit from the physician who performed the operation and who will state that you are female.
Additional authority: 23004 Revision to the Vital Registration Handbook: www.doh.state.fl.us
See also nclrights.org/publications/flnamechange.htm (a guide for transgender individuals seeking to amend their identity documents to conform to their new legal name and gender designation.)
www. Tgcrossroads.org (discussing Office of Vital Statistics policy)
CONTACT INFORMATION
Office of Vital Statistics
Department of Health and Rehabilitative Services
PO Box 210
Jacksonville, FL 32231-0042
(904) 359-6929
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