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House Bill 2673

Name and Sex Designation Changes on a Birth Certificate

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Frequently Asked Questions


What does House Bill 2673 do?
Currently, a court order indicating that an individual has completed sexual reassignment and that the sex on the record of live birth must be changed is required to change the sex designation on an Oregon birth certificate. When the new law goes into effect on January 1, 2018, an attestation will be accepted to change the birth record.

Who is eligible to use the new law?
Anyone
  1. born in Oregon
  2. who needs to change their name or sex designation on their birth certificate to reflect their gender identity

is eligible to use the new process.

Individuals who previously changed their name but have not changed their sex will be eligible to change the sex designation on their birth record under the new law.


How will the Center for Health Statistics implement the new law?
The Center for Health Statistics has followed the formal rule making process required of all state agencies. The rules have been finalized and are available to view now: Oregon Administrative Rules Chapter 333, Division 11, Vital Statistics (PDF). The new rules will go into effect January 1, 2018.

How does this process work with changes at other agencies, such as DMV?
Birth and other vital records are separate from other agencies' records. While processes and forms might be similar, changing an ID or Driver’s License does not change a birth record or other vital record.

What does House Bill 2673 not do?
House Bill 2673 does not change our other procedures including indicating if the record has been amended (also known as a footnote). This means that certified copies of a previously amended record will not be changed to eliminate the footnote. Records indicating a change to sex on the record when the birth certifier made a mistake or a change in name, other than those requiring a new record under current law, will continue to have a footnote.
 
Creating a new record (without any footnote) when a change of sex occurs already exists in law (ORS 432.245) and will apply to changes under HB 2673 along with court orders.
Can I change my sex to "X" (non-binary) instead of "M" (Male) or "F" (Female)?
Yes. Although we do not yet have the functionality for the "X" in the electronic vital records system, we can create a legal record of birth that indicates "X".

Will the certificate show any indication that it was changed?
There will be no footnote for change of sex designation for gender identity purposes, with or without a name change. A name change alone will have a footnote, but the previous name will not be included. Records indicating a change to sex on the record when the birth certifier made a mistake or a change in name, other than those requiring a new record under current law, will continue to have a footnote.

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