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Montana birth certificates

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  • Page changed: Office of Vital Records Fee Schedule (effective September 21, 2024) (2026-10-12) · #264
  • Page changed: Corrections to Certificates (2026-10-12) · #263
Update your name
YesAfter your legal name change
Gender markerThe sex or gender field (M, F, or X) printed on an ID document or stored in an agency's record.
In courtFor now: M or F with your own signed form

Right now, if you were born in Montana you can change the sex on your birth certificate by sending Vital Records a signed Gender Designation Form and a notarized affidavit, with no court order or medical proof. This is possible because of a court injunction that the Montana Supreme Court upheld in April 2026; the case is still going, so apply sooner rather than later.

Main cost
$41
Apply
By mail or in person
Typical wait
3 to 4 weeks

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

This applies only if you were born here. Birth certificates follow your birth state, not where you live now. Choose your birth state

In court: Kalarchik v. State of Montana

The state may not enforce the ban while the case continues. DPHHS is accepting the Gender Designation Form.[5][6]

About this case

Class action by two transgender women challenging the 2022 DPHHS rule banning sex-marker changes on birth certificates and the MVD policy blocking changes on driver's licenses. Preliminary injunction granted December 16, 2024; upheld by the Montana Supreme Court 5-2 on April 14, 2026. Trial not yet scheduled.

Montana First Judicial District Court (Lewis and Clark County); Montana Supreme Court. Last update 2026-04-14. Case page

In court: Marquez v. State of Montana

The surgery and court-order requirement in MCA 50-15-224 is not being enforced.[7]

About this case

Challenge to SB 280 (2021), which required a court order showing surgery. The court preliminarily enjoined SB 280 on April 21, 2022. On April 7, 2026 the court awarded the plaintiffs attorney fees.

Montana Thirteenth Judicial District Court (Yellowstone County). Last update 2026-04-07. Case page

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Forms
  5. Requirements
  6. After you finish
  7. Tips
  8. Laws and other guides
  9. Sources

How it works

Montana's law on paper (MCA 50-15-224, from SB 280 in 2021) allows a sex change on a birth certificate only with a court order saying you had surgery, and in 2022 the health department (DPHHS) adopted a rule banning changes entirely. Courts have blocked both. In Kalarchik v. State, a district court ordered the state on December 16, 2024 to stop enforcing the ban, and the Montana Supreme Court upheld that order on April 14, 2026, holding that discrimination against transgender people is sex discrimination under the Montana Constitution.

DPHHS now publishes a one-page Gender Designation Form. You state that you have undergone gender transition (or have an intersex condition) and the marker that should appear, and send it with a notarized Affidavit for Correction of a Vital Record and the $41 fee. You can change your name at the same time by adding a certified court order.

This only applies if you were born in Montana. If you were born in another state, follow that state's rules; your Montana residence does not matter.

Steps

  1. Gather your documents[1][3][4]

    • Gender Designation Form, signed.
    • Affidavit for Correction of a Vital Record, signed before a notary.
    • A photocopy of your photo ID.
    • If you are also changing your name: a certified copy of your court order (from any state).
    • A check or money order for $41 (includes one certified copy). Add $16 for each extra copy.
    Cost
    $41 amendment processing plus one certified copy; $16 each additional certified copy

  2. Get the affidavit notarized[2]

    Banks, libraries, and county clerk offices often have free or low-cost notaries. Bring your photo ID and do not sign until you are with the notary.

  3. Mail or bring everything to Montana Vital Records[3][2][8]

    Mail to Montana Vital Records, PO Box 4210, Helena, MT 59604, or bring it in person to the office in Helena (111 N. Sanders). Questions about name changes: 406-444-4226. General corrections: 406-444-9039.

  4. Get your updated certificate[3]

    Allow 3 to 4 weeks. Then use the new certificate to update your driver's license (see that guide) and other records.

    Time
    3 to 4 weeks

Costs and fee waivers

No fee waiver is available for this step.[4]

DPHHS does not list a fee waiver for amendments. Corrections requested within one year of birth are free.

WhatCostNotes
Amendment processing plus one certified copy[4][3]$41$25 processing plus $16 for the certified certificate.
Each additional certified copy[4]$16

More detail

Forms2 forms

Open a form for tips on filling it out.

Gender Designation FormRequired

How to fill it out

  • Write your current name exactly as it appears on your birth certificate, your city and county of birth, and date of birth.
  • In "Updated Gender Designation," write the marker you want (for example, female or male).
  • Sign, print your name, check "Self," and add your address and phone. No doctor's signature is needed.

Open the form[1]

Affidavit for Correction of a Vital RecordRequired

How to fill it out

  • Circle BIRTH and fill in your current name on the record, place and date of birth.
  • Under "The record now shows" write the current sex (and name, if changing it); under "The true facts are" write the corrected sex (and new name).
  • Sign in front of a notary. The notary must check your ID.

Open the form[2][1]

RequirementsWhere you live, age, timeline
Where you live
You must have been born in Montana. You do not need to live in Montana now.[1][8]
Age
Adults sign for themselves. The form lets a parent, guardian, or legal representative sign for someone else.
How long it takes

3 to 4 weeks after DPHHS receives a complete request.

After you finishUpdate your Montana driver's license or ID at the MVD with the new certificate, then Social Security, your passport, and other records as…

Update your Montana driver's license or ID at the MVD with the new certificate, then Social Security, your passport, and other records as needed. Order a few extra certified copies now; each later copy costs $16.

Tips2 tips from people who have done this
  • Because the current process depends on a preliminary injunction, apply as soon as you can and keep extra certified copies.
  • Your name can be changed on the same request if you include a certified name change order, even one from another state.
Laws and other guides2 laws, 2 other guides

Laws and rules

  • MCA 50-15-224: Sex change designation on birth certificate (SB 280, 2021; enjoined)
  • MCA 1-1-209: Terms of wide applicability (sex definitions, SB 437, 2025)

Other trusted guides

Sources

8 sources. Numbers in the text, like [1], point here.Show all
  1. Gender Designation FormMontana DPHHS Office of Vital Records, Form. accessed
    “This individual has undergone gender transition or has an intersex condition, and the gender designation on this birth certificate should be corrected to”
  2. Affidavit for Correction of a Vital RecordMontana DPHHS Office of Vital Records, Form. accessed
    “Verification of Signer's ID Is Mandatory”
  3. Corrections to CertificatesMontana DPHHS Office of Vital Records, Official page. accessed
    “Please allow 3–4 weeks for legal action and processing.”
  4. Office of Vital Records Fee Schedule (effective September 21, 2024)Montana DPHHS, Official page. accessed
    “Adoption (or rescission) and Name Change Processing $41 $25 to process and $16 for the certified birth certificate.”
  5. Kalarchik et al. v. State of Montana et al.ACLU of Montana, Organization. accessed
    “The Montana Supreme Court upheld a District Court order temporarily preventing the State of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver's licenses.”
  6. Montana Supreme Court upholds ability of transgender residents to update documentsDaily Montanan, News. accessed
  7. Marquez v. State of MontanaACLU of Montana, Organization. accessed
  8. Montana ID documents (last updated December 2025)Advocates for Trans Equality, Organization. accessed
    “No court order or medical documentation is required.”