By September 1, 2020, the Virginia Registrar will implement a new, simplified process and form for obtaining a new birth certificate, without the requirement for proof of a "medical procedure," pursuant to Virginia Senate Bill 657/House Bill 1041. This page will be updated as we have more information. As of April 13, 2020, we believe the Virginia Registrar is still operating under the policy described below. As of March 18, 2020, Virginia Vital Records physical office is closed until further notice, but continues to process customer mail-in applications and answer customer telephone inquiries.
The Virginia Registrar will amend an individual's birth certificate "to show the change of sex and ... a new name" 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 a certified copy of the court ordered name change (if applicable). Virginia Code Ann. §§ 32.1-269.
To apply for an updated birth certificate, an applicant should submit:
- An Application for Birth Certificate
- A certified copy of the court ordered gender change (see instructions below) AND the petition and documentation you submitted to obtain the gender change
- A certified copy of the court ordered name change, if applicable
- A copy of your identification (see the application form for acceptable list of ID)
- Payment of the applicable fee ($10 to update the certificate + $12 per each copy) made out to the State Health Department
Mail application to:
VDH, Office of Vital Records
P.O. Box 1000
Richmond, Virginia
23218-1000
How to Apply for a Court Order for Gender Change in Virginia
- Petition: Download the Petition for Change of Sex and fill it out with the proper information, including the desired sex marker. Sign the completed Petition in front of a notary public.
- Order: Many VA county courts may request that along with your Petition you fill out an Order for Change of Sex.
- Letter from Provider: Attach a letter from a licensed provider indicating that the sex has been changed by medical procedure. VA law does not specify what medical procedure means, but the letter should be acceptable evidence as long as the provider certifies that the ‘sex has been changed by medical procedure’, whatever that may mean for the individual and the provider. See our Model Provider Letter (please note: this model letter is not approved by the courts and some judges may ask for additional information. Please let NCTE know what happens with the judge in your county so we can track results).
- Where to File: If you are a resident of Virginia, file the Petition and the attached letter at your local County Circuit Court House. If you are not a resident of Virginia but have a Virginia birth certificate, you may file for a court order for gender change in your current state of residence, or you may file for a court order in Virginia, in which case you would file the Petition and the attached letter at the Richmond City Circuit Court. You may send in your application via mail.
- Filing Fee: Pay the designated filing fee of $98 ($86 + $12 to have the court order served to Vital Records), payable to the Circuit Court where you are filing. Please note that if you are filing this petition at the same time as a name change petition, you will have to file two separate petitions with separate filing fees. Depending on your income, you may qualify for a waiver of the filing fee. You can use the Petition for Proceeding in Civil Case without Payment of Fees or Costs to request a waiver, and attach any financial statements or other information supporting your need for the fee waiver.
