North Dakota birth certificates
- 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.
- NoCannot be changed right now
North Dakota law does not allow the sex on a North Dakota birth certificate to be changed because of gender identity. You can still update your name on it with a certified court order.
- Main cost
- $15
- Apply
- By mail
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
On this page
How it works
Since 2023, North Dakota law (N.D.C.C. § 23-02.1-25.1) says the sex on a birth record of someone born in North Dakota may not be amended due to a gender identity change. The law defines sex as "the biological state of being male or female" at birth. A court order does not override this.
The law lists three narrow exceptions: a clerical or data-entry error, a misidentification shown by genetic testing with a lab affidavit, or when "the sex of the individual was changed with anatomically correct genitalia for the identified sex as certified by a medical provider." It is unclear how Vital Records applies that last exception; if you have had genital surgery and want to ask, email vitalrec@nd.gov. Do not expect approval.
Name changes are still allowed. Vital Records amends the name on your existing record using a certified copy of your court order. The certificate is amended, not replaced: a note at the bottom shows what was changed and what document supported it.
This guide is for people born in North Dakota. If you were born in another state, follow that state's rules, even if you live in North Dakota now.
Your driver's license can still show M or F based on a provider form; it does not depend on your birth certificate.
Steps
Get your name changed in court first (see the name change guide). Ask the clerk for a certified copy of the order and of the Confidential Information Form. An order from a court in another state also works.
Email vitalrec@nd.gov or call (701) 328-2360 and say you want to amend the name on your birth record with a court order. Send SFN 8140 with the new name, a copy of your ID, the certified court order with the Confidential Information Form, and the fee to Vital Records, 600 East Boulevard Ave., Dept. 325, Bismarck, ND 58505-0250. Follow any extra instructions Vital Records gives you.
Vital Records cannot change the sex on your North Dakota birth certificate because of gender identity. The only exceptions in the law are clerical errors, genetic-test misidentification, and the "anatomically correct genitalia" provision, whose use for trans people is untested. If you think an exception applies, email vitalrec@nd.gov before sending anything.
Costs and fee waivers
More detail
Forms1 form: SFN 8140
Open a form for tips on filling it out.
SFN 8140Request for Certified Copy of a Birth RecordRequired
How to fill it out
- Fill in the information as it should appear after the change (your new name), as HHS instructs for amendments.
- Enclose a copy of a valid photo ID and the $15 fee per copy (check or money order).
- Include a certified copy of your court order with the certified Confidential Information Form attached; Vital Records will not accept the order without it.
RequirementsWhere you live, age, timeline
- Where you live
- You must have been born in North Dakota. You do not need to live in North Dakota now.[3][1]
- Age
- You must be 18 or older to request an amendment to your own record. A parent listed on the record, or a legal guardian with a certified court order, can request for a minor.
- How long it takes
Vital Records says it takes about 3 to 5 business days to update the record once the amendment is approved, plus mailing time.
After you finishYour amended certificate will show your new name with an amendment note, and the original sex.
Your amended certificate will show your new name with an amendment note, and the original sex. For most other documents you do not need a birth certificate that matches your gender:
- Driver's license or ID: change the sex with SFN 61146; see the driver's license guide.
- Social Security and passport: see the federal guides for current rules.
Tips1 tip from people who have done this
- Order extra certified copies of your court order; Vital Records keeps the one you send.
Laws and other guides3 laws, 1 other guide
Laws and rules
- N.D.C.C. § 23-02.1-25.1: Birth records; amendments and corrections; sex change
- N.D.C.C. § 23-02.1-25: Correction and amendment of vital records
- N.D.C.C. § 23-02.1-29: Vital records fees
Other trusted guides
- A4TE, North Dakota Identity Documents. Last updated January 2026.
Sources
6 sources. Numbers in the text, like [1], point here.Show all
- N.D.C.C. ch. 23-02.1, Vital Statistics
“The sex designation on a birth record of an individual born in this state may not be amended under section 23-02.1-25 due to a gender identity change.”
- HB 1297 (2023), relating to correction or amendment of birth records
“Current Status Governor signed Last Official Action Filed with Secretary Of State 05/09”
- Changing a Birth Record
“It takes approximately 3-5 business days to update a birth record before the amended certified copy can be issued.”
- SFN 8140 Request for Certified Copy of a Birth Record
“Number of Certified Copies Requested ($15.00 per copy requested)”
- Instructions for a Name Change, Adult (rev. May 2026)
“If the Confidential Information Form isn't attached, North Dakota Vital Records won't accept the Order Granting Name Change.”
- North Dakota Identity Documents