Senate Bill Allowing Transgender Persons to Change Birth Certificate Passed by Senate

Senate Bill 657 would allow a person to receive a new birth certificate to reflect the change of sex, without the requirement of surgery.

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Delegate Jennifer Boysko (D - Herndon) introduced SB 657 for the third time this session. Here, she is speaking about the benefits of in-state tuition for individuals who have applied for permanent residency. (photo by Adam Hamza, VCU Capital News Service)

The Senate passed a bill earlier this week that would allow a person who changed their sex to have a new birth certificate issued, something that the transgender community said will help eliminate problems experienced when their legal identification doesn’t match their transition.

Senate Bill 657 would allow a person to receive a new birth certificate to reflect the change of sex, without the requirement of surgery. The individual seeking a new birth certificate also may list a new name if they provide a certified copy of a court order of the name change. 

“I just think it’s important to try to make life easier for people without being discriminated [against] or bullied,” said Sen. Jennifer Boysko, D-Fairfax. “Allowing an individual who is transgender to change their birth certificate without having to go through the full surgery allows them to live the life that they are due to have.”

The bill requires proof from a health care provider that the individual went through “clinically appropriate treatment for gender transition.” The assessment and treatment, according to Boysko’s office, is up to the medical provider. There is not a specific standard approach for an individual’s transition. Treatment could include any of the following: counseling, hormone therapy, sex reassignment surgery, or a patient-specific approach from the medical provider.

A similair process is required to obtain a passport after change of sex, according to the State Department.