Monday, March 20, 2017

Birth Certificates

There's two aspects to changing your birth certificate.

Legally Changing Your Name on Your Birth Certificate

Under Colorado law, your "birth" gender marker will remain UNTIL you have your gender reassignment surgery.

(Note: Currently legislation has been introduced to make it to where you no longer need to have the surgery to get your gender marker changed, however it has NOT YET passed.)

Once you change your name, you will need to apply for a new birth certificate to reflect the correct information.

You can download the application
https://www.colorado.gov/pacific/cdphe/correct-or-change-birth-certificate

fill it out, and send the applicable fee's in and get your new birth certificate in the mail.  You will also need to send a court certified copy of your name change paperwork in with the application.

You can also go to your local Public Health office and take your name change paperwork and get one issued to you on the spot.  You may have to wait behind other customers, so go early if you must! Also take your CURRENT birth certificate with you.  You need to surrender that to the Colorado Public Health Office.  Same principle as not having two driver's licenses.  You will also need your driver's license or state issued photo id with you.

If you have NOT already done a legal name change, you must do this first before changing your name on your birth certificate.  You can see how to do that here.



Changing your Gender Marker on Your Birth Certificate

Changing your gender marker on your birth certificate requires that you have undergone gender reassignment surgery under Colorado State Law.  There's no way around this at this time.

This only applies to citizens born in the state of Colorado.

If you were born in another state, you must follow their guidelines and procedures regarding gender marker changes. Colorado does NOT have the jurisdiction to change another state's birth certificate.

Note: Tennessee, Ohio and Nebraska currently do NOT allow changing your gender marker on your birth certificate.  

https://www.colorado.gov/pacific/cdphe/gender-changes-due-surgical-procedures

To change your gender marker on your birth certificate, you must have a notarized letter from your surgeon, it must have Name, Title, Practice Address, State License #, and National Provider ID.

You will go to your county court and file

1.) A Motion to Amend Vital Statistics Record (JDF 76 General Motion)
2.) An Order to Amend Vital Statistics Record (JDF 77 General Order)

I will post up some mock filings of both so you can see exactly how they should be. DO NOT SIGN OR DATE the Motion or the Order UNTIL you are in front of the court clerk! He/she MUST witness you sign it in person!

You DO NOT need to hire an attorney to do this.  You can do it on your own.

In Denver County, the fee is $97.
Denver County Courthouse
1437 Bannock St
Denver, CO 80204
Room 135
If you have ANY trouble with any of the clerks, just ask for Julia.  She is the manager and she can help you out and she is a very nice lady.

Fee's and procedures may vary by county. Call your county court clerk if you have any questions as to their procedures and fee's.


You will need to take the following with you.

  • Court Motion and Order
  • Your State ID or Driver's License
  • Birth Certificate (No Photocopies! Must be a State Issued Original)
  • Court Certified Copy of your Legal Name Change Paperwork (No Photocopies!)
  • I also had the clerk make a copy of my Driver's License and Social Security card, but they may not be necessary.
  • Original notarized letter from your surgeon stating that you have had surgery.  


The clerk will make copies of everything and you will give him/her the Motion and Order.  He/she will have you sign and date it in front of them, you will pay the filing fee.  If they can get you in to see the Judge, they will do everything immediately. If they can't, they will set a court date for you to come back.  On the day you come back, you'll be called before the Court, you'll step up to the podium and be sworn, you'll be asked a couple questions, you answer them truthfully and the Judge approves it and signs it and you're done.

You will go back to the court clerk's office, you'll get certified copies (I recommend getting three court certified copies for your records).

Now you take that to the Department of Public Health along with your application and get your new birth certificate.


Mock Up Motion and Order

These mockups are exactly how they should look for the Court.  Do not include the word sample in the background.  This is just to demonstrate this is a sample mockup. The only things you will change are your name, address and phone number. If you live in a different county than different, put the appropriate county and be sure to put the address of your county's court in the appropriate spot.

You are NOT required to submit an email address, it's just on there if you want to add it as a point of contact if they need to get a hold of you.  Under Attorney Party Reg #: Just put: Acting Pro Se.  This means you are representing yourself.  An attorney is NOT required.

Leave the Defendant/Respondent sections on both forms blank.

You can type these out manually in photoshop, on a type writer or simply fill them out with a pen.  DO NOT SIGN AND DATE EITHER ONE until you are in front of the court clerk and have been directed to do so!

Motion (JDF 76)

Order (JDF 77)


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