Will other agencies accept this new birth record?
This is a new process and we are unsure if other agencies, such as a federal Passport Agency, will accept these amended certificates to change information already on file with the agency. For records with an amended sex designation, nothing on the certificate will indicate an amendment occurred. This will make it difficult to connect the current record with any previous name on documentation at other agencies. In some cases, agencies might require a court order to recognize the new name and/or sex. We will work with applicants that ask us to explain the process to another agency, but we do not control the rules or procedures of other agencies and cannot speak for them. If you do not have an existing file with an agency (such as never before having a passport), there should be no reason for the agency to question the record.
I’ve previously changed my name or sex through a court order. Can I still use this process?
Yes. The administrative option to change your name and/or sex is available to those who have previously changed their name or sex, even if it was through a court order, if the sex currently on your birth certificate does not match your gender identity.
Can I change my name and/or sex more than once through this administrative process?
No. Changing your name and/or sex through the administrative route authorized by HB 2673 can only be done once. Any subsequent changes to name and/or sex would require a court order.
Do I have to change both my name and my sex at the same time?
No. The name and sex can each be changed only once through this administrative process, but they do not need to be changed at the same time.
Can I still change my name and sex through a court order?
Yes. Name and sex can still be changed through a court order. In some cases a person may opt to change their name and/or sex through a court order rather than using this administrative process to facilitate acceptance by agencies that may not recognize the change.
If only the name is changed through this administrative process there will be a footnote, but the previous name will not be included. For example, if your original name was John Doe the name “John Doe” would not be referenced in the footnote. The footnote would be similar to the following: “Child’s name changed administratively, J.A. Woodward, State Reg., vg, 1/6/18.”
If sex, or name and sex, are changed through this administrative process there will be no footnote. Like all records that are changed, there may be filing numbers added that are used internally, but the previous name and sex will not appear anywhere on the birth record.
Can a minor change their name and/or sex designation through this administrative process?
A minor can only change their own name and/or sex designation through this process if they have been legally emancipated through a court of competent jurisdiction. A minor’s name and/or sex designation can be changed by:
- a legal parent,
- legal guardian with certified letters of guardianship issued by a court, or
- the legal representative of a parent or legal guardian with a notarized statement from the parent or legal guardian stating that the legal representative is authorized to act for them in this matter.
Do both parents need to sign the application to change the name and/or sex designation of a minor?
No. If the name and/or sex designation of a child is being changed with an Application to Change the Name and/or Sex on a Record of Live Birth to Support Gender Identity, the law only requires one parent to sign the application. For more information, see ORS 432.235 (3)(a).
Can I update my name on my child’s birth record with the Application to Change the Name and/or Sex on a Record of Live Birth to Support Gender Identity?
No. HB 2673 only addresses changing the name and sex designation on one’s own birth record and does not address changes to other documents such as marriage records or the birth records of the applicant’s children. A court order may be required if these changes are needed.
Can I use the Application to Change the Name and/or Sex on a Record of Live Birth to Support Gender Identity to change the sex on my birth record to Non-binary?
Yes. The application can be used to change the sex designation on an applicant’s birth record to Male, Female, or X, with X indicating Non-binary.
Can I use the Application to Change the Name and/or Sex on a Record of Live Birth to Support Gender Identity to change my sex to something other than Male, Female, or Non-binary?
No. Vital records are limited to specific categories which are used with other data to generate statistics to analyze health trends, guide program planning, and direct policy development. X, indicating Non-binary, has been added to include those who are neither fully male nor female.
Can I change my record if I am no longer living in Oregon?
Yes. If you were born in Oregon but no longer reside here you may still update your birth record. This can be done by submitting the necessary documents in person at our Portland office or through the mail.
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