Proposed Rule Could Ease Process Of Gender Change On Birth Certificate

Oct 13, 2017

The state health department is proposing changing its rules so Montanans who are intersex or transgender will be able to more easily change the gender status on their birth certificates. A public comment period on that opened yesterday.

Nick Domitrovich with the Montana Department of Public Health and Human Services’ legal office says the state uses a rule from the 1970s, which by national standards is outdated and no longer aligns with best practices for anti-discrimination and civil rights policy.

“In order to change a gender on a birth certificate you had to have undergone a surgical procedure. And that is just not that standard practice anymore,” Domitrovitch said.

Under the new proposed rule, individuals could correct their legal gender status by submitting a form stating they have undergone a gender transition, or have an intersex condition. Or they could submit a court order, or a government issued ID card indicating the correct gender designation.

Public comment on this proposed rule change will close October 20. The earliest the new rule could be adopted, if it goes unchallenged, is late November.