New York birth certificates
- Update your name
- Limited
- Gender markerThe sex or gender field (M, F, or X) printed on an ID document or stored in an agency's record.
- YesM, F, or X with your own signed form
If you were born in New York you can change the sex on your birth certificate to M, F, or X with a sworn, notarized statement. No court order or medical letter is needed for the marker. Changing the name on the certificate needs a court order. New York City births and the rest of the state use different offices and forms.
- Main cost
- Free
- Apply
- By mail or in person
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
First, check where you were born:
- One of the five boroughs of New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island): apply to the NYC Department of Health and Mental Hygiene with the Application for Gender Marker Change on a NYC Birth Certificate (VR 218). NYC has offered X since 2019 and requires no provider letter.
- Anywhere else in New York State: apply to the NYS Department of Health, Bureau of Vital Records, with DOH-5305 plus the notarized affidavit DOH-5303 (ages 17 and up). Public Health Law § 4138 lets you choose female, male, or X by affidavit.
The state office cannot change NYC certificates and vice versa. In both systems you get a new certificate, and the original is sealed. To change the name too, include a certified court order.
Steps
Born in the five boroughs, use NYC form VR 218. Born elsewhere in New York State, use DOH-5305 and DOH-5303 (or DOH-5306 and DOH-5304 for a child 16 or under).
Mail the notarized application, a copy of your photo ID, any original court order, and a check or money order ($40 plus $15 per new certificate, up to 3) to: NYC Department of Health and Mental Hygiene, Corrections Unit, Attention: Group A, 125 Worth Street, Room 144, CN-4, New York, NY 10013. Questions: tgnyc@health.nyc.gov. Coming in person does not speed things up and needs an appointment.
- Form
- VR 218
Mail the application, the notarized affidavit, and (for a name change) a certified court order to the NYS Department of Health, Bureau of Vital Records. The DOH amendment page lists Vital Records Amendment Unit, P.O. Box 2602, Albany, NY 12220-2602; call or email vr@health.ny.gov to confirm the address for gender applications before mailing. One copy of the new certificate is free; add $30 for each extra copy.
Costs and fee waivers
No fee waiver is available for this step.[6][1]
No fee waiver was found for either office. The NYS amendment itself is free.
| What | Cost | Notes |
|---|---|---|
| NYC application processing fee (nonrefundable)[6] | $40 | |
| NYC amended certificate, each (maximum 3)[6] | $15 | |
| NYS amendment, including one certified copy[1] | Free | Public Health Law § 4138 says the first certified copy is sent without charge. |
| NYS additional certified copy, each[2] | $30 |
More detail
Forms5 forms: VR 218, DOH-5305, DOH-5303, DOH-5306, and more
Open a form for tips on filling it out.
VR 218Application for Gender Marker Change on a NYC Birth CertificateSometimes required: Born in New York City. Fill out the English form; translations are for reference.
How to fill it out
- Page 2: pick your situation (adult or minor; marker only or marker and name), then follow Table A or B.
- Section Three: one line per change, e.g. "Gender marker: Male to X". No crossing out or Wite-Out; start a new form if you make a mistake.
- Section Four: you attest under penalty of perjury that the change reflects your gender identity. Sign page 7 and have page 8 notarized.
- Include a copy of valid photo ID, and the original certified court order if you are changing your name (it must list your name at birth, date and place of birth, and certificate number).
- Check or money order payable to NYC Department of Health and Mental Hygiene.
DOH-5305Application for Amendment of Certificate of Birth for Gender Designation for an Adult (17 and older)Sometimes required: Born in New York State outside NYC, age 17 or older.
Born in New York State outside NYC, age 17 or older. Send with DOH-5303.
How to fill it out
- Fill in your details exactly as on the current certificate.
- In the amendments table, write the current and new gender, and the new first, middle, and last name only if you have a court order.
- Enclose the notarized DOH-5303 and, for a name change, a certified copy of the court order.
DOH-5303Notarized Affidavit of Gender Change for a Person 17 Years of Age or OlderSometimes required: Goes with DOH-5305. Sign in front of a notary.
DOH-5306Parent/Legal Guardian Application for Amendment of Certificate of Birth for Gender Designation for a Minor (16 and under)Sometimes required: Born in New York State outside NYC, age 16 or under.
Born in New York State outside NYC, age 16 or under. Send with DOH-5304. Both parents sign unless there is only one.
DOH-5304Parent/Legal Guardian Notarized Affidavit of Gender for a Person 16 Years of Age or UnderSometimes required: Goes with DOH-5306.
RequirementsWhere you live, age, timeline
- Where you live
- You must have been born in New York State. Where you live now does not matter. If you were born in another state, that state's rules apply.[6][3][5][1]
- Age
- NYC, 18 and older apply for themselves; for younger people, parents or guardians apply and both listed parents sign. NYS, 17 and older apply for themselves (DOH-5305); for 16 and under, parents or guardians apply (DOH-5306), signed by both parents unless there is only one.
- How long it takes
Processing times are not published on the pages we reviewed; NYC posts current times and order status at nyc.gov/vitalrecords.
MinorsNYC, parents or guardians of a child under 18 apply with VR 218; if both parents are on the certificate, both must sign (or provide a court…
NYC, parents or guardians of a child under 18 apply with VR 218; if both parents are on the certificate, both must sign (or provide a court order or death certificate). NYS, parents or guardians of a child 16 or under use DOH-5306 and DOH-5304, signed by both parents unless there is only one; 17-year-olds apply themselves.
[6][5][1]After you finishUse the new certificate with agencies that accept it.
Use the new certificate with agencies that accept it. As of September 2026, the US State Department issues passports only with sex at birth, and Social Security is not changing sex fields, so the new certificate will not change those records. If you were born outside New York, contact your birth state's vital records office.
Tips2 tips from people who have done this
- Order extra copies with the same application; a later order is a separate request.
- For NYC, the court order must list your name at birth, date and place of birth, and certificate number, or you must also send the original petition.
Laws and other guides1 law, 2 other guides
Laws and rules
- N.Y. Pub. Health Law § 4138: New birth certificate with female, male, or X on application and affidavit; original sealed
Other trusted guides
- NYC Health, Birth certificate corrections (gender marker section)
- Advocates for Trans Equality, New York identity documents. No last-updated date shown (checked 2026-09-24). Its NYC fee figures match the NYC form.
Sources
7 sources. Numbers in the text, like [1], point here.Show all
- Public Health Law § 4138
“an affidavit attesting under penalty of perjury that the request for a change of gender to (female, male, or X) is to conform the person's documents and records to the person's gender identity”
- Amending a birth certificate
“When the amended certificate is placed on file, the original birth record is placed under seal. ... $30.00 for each additional copy.”
- DOH-5305 (1/23), Application for Amendment of Certificate of Birth for Gender Designation for an Adult
“Enclose a Notarized Affidavit of Gender for a Person 17 Years of Age or Older (form DOH-5303). If requesting a name change, also enclose a copy of the authorizing court order.”
- DOH-5303 (1/23), Notarized Affidavit of Gender Change for a Person 17 Years of Age or Older
- DOH-5306 (1/23), Parent/Legal Guardian Application for Amendment of Certificate of Birth for Gender Designation for a Minor
“This application must be signed by both parents or legal guardians.”
- VR 218 (Rev. 1/24), Application for Gender Marker Change on a NYC Birth Certificate
“nonrefundable $40 application processing fee, plus $15 per copy for each new certificate. A maximum of three copies can be ordered.”
- Birth certificates, corrections
“As of 2019, people born in New York City can change their gender marker on their birth certificate to "X". It is no longer required for you to have a letter from a provider”