Gender Designation Change on a Birth Certificate

On October 29, 2019 Senate Bill 20 went into effect. Under this law, individuals who were born in New Mexico and want to change the gender designation or the gender designation of their child on the birth certificate to do so by completing the appropriate request form through the Bureau of Vital Records. The new law will allow for Male, Female and X as acceptable options. “X” refers to a gender other than male or female or an, undesignated gender.

Requirements

The person applying for the change will need to complete the appropriate form and if a legal name change is requested, submit a certified copy of the name change.

Adults (applicant is 18 years of age or older)

The Request to Change Gender Designation on a Birth Certificate: Adult Form must be completed by a person requesting to change the sex designation on their birth certificate. Guardians acting on behalf of an adult must include proof of guardianship appointed under chapter 40-10B NMSA.

The Request to Change Gender Designation on a Birth Certificate: Adult Form must be signed in the presence of a notary public.

If your full current legal name is different than the full name listed on your birth certificate, you must provide a certified legal name change court order with the form. If you want your full current legal name amended on your birth certificate, indicate by checking the appropriate box on the request form. Additional proof documentation might be requested.

Minors (parents acting on behalf of their minor child)

The Request to Change Gender Designation on a Birth Certificate: Parent/Legal Guardian Form or the Request to Change Gender Designation on a Birth Certificate: Two Parent Signature Form must be completed and signed by a parent(s) or legal guardian on behalf of the minor wanting to change the sex designation on their birth certificate. Legal guardians acting on behalf of the minor must include proof of legal guardianship (i.e. certified court order).  The two forms are identical except one form allows only one parent to sign and the other allows two parents to sign.

If the minor is 14 years old or older, they must sign the Request to Change Gender Designation on a Birth Certificate: 14 Years of Age or Over Consent Form, agreeing to the amendment of their birth record.

If your child is under 18 years old and has not legally changed their given first and middle names, you can submit a certified legal name change court order with your request. If your child’s name has been legally changed on their birth certificate, you do not need to provide a certified legal name change court order with this request form. If you do want their full current legal name amended on their birth certificate, indicate by checking the appropriate box on the request form. Additional proof documentation might be requested.

Applicable Fees

There is a $20.00 fee to make changes to the birth certificate and will include the issuance of a new birth certificate.  When applying to change your birth certificate, please complete a Birth Record Search Application and include the fee. Additional copies of the birth certificate are $10.00 each and can be ordered with the application. Make check or money order payable to New Mexico Vital Records.

Government Agencies

At this time, we are unsure if other agencies, such as Passport, will accept these amended certificates. For those that include change of sex, nothing on the record will indicate a change was made. This will make it difficult to connect the current record with the previous name on other documentation. In some cases, a court order might be needed for full use of the new name and sex designation.