Oklahoma birth certificates
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- 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
Oklahoma law does not allow changing the sex on an Oklahoma birth certificate to reflect gender identity, and nonbinary or X markers are banned. A federal lawsuit (Fowler v. Stitt) is on hold while the Oklahoma Supreme Court answers questions about state law. You can update your name by mailing a certified court order and $40.
- Main cost
- $40
- 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
In court: Fowler v. Stitt, No. 23-5080
No sex marker changes are available while the case is pending. The Oklahoma Supreme Court's answer was requested by January 11, 2027.[8][9]
About this case
Three transgender people born in Oklahoma challenge OSDH's refusal to amend the sex on their birth certificates. The Tenth Circuit held in June 2024 that the policy likely violates equal protection; the US Supreme Court vacated that decision on June 30, 2025 for reconsideration after United States v. Skrmetti. On April 16, 2026 the Tenth Circuit certified questions to the Oklahoma Supreme Court about whether Oklahoma law has always barred such changes, and abated the appeal. The parties briefed the effect of HB 1225 in June and July 2026.
US Court of Appeals for the Tenth Circuit (question certified to the Oklahoma Supreme Court). Last update 2026-07-15. Case page
On this page
How it works
For about a decade the Oklahoma State Department of Health (OSDH) amended the sex on birth certificates when given a court order. In November 2021, Governor Stitt issued an executive order directing OSDH to stop. In 2022, SB 1100 banned nonbinary and "X" markers. In May 2026, HB 1225 rewrote 63 O.S. § 1-321(H): every amended birth certificate must show "an accurate biological sex designation of either male or female, as identified at the time of birth," and the sex "shall not be amended to display gender identity." A court order recognizing your gender will not change this.
Litigation. Three trans Oklahomans sued in Fowler v. Stitt. The Tenth Circuit ruled for them in 2024, but the US Supreme Court vacated that ruling in June 2025 after United States v. Skrmetti. On April 16, 2026 the Tenth Circuit asked the Oklahoma Supreme Court whether state law itself forbids sex changes on birth certificates, and paused the case. Until that answer and any later ruling, no changes are being made.
You can change the name. Under § 1-321(C), OSDH must amend your certificate to show a new name when you send a certified copy of the court order. The certificate is marked "amended."
This guide applies only to people born in Oklahoma. If you were born in another state, that state's rules control your birth certificate, even if you live in Oklahoma.
Steps
See the name change guide. You need a certified copy of the order from the court clerk.
Send the completed request form, a certified copy of the court order, a photocopy of your photo ID, and $40 (plus $15 per extra copy) to:
Vital Records, Oklahoma State Department of Health, P.O. Box 248964, Oklahoma City, OK 73124-8964.
Questions: (405) 426-8880.
- Form
- ODH 18008VR
Wait about 1 to 2 weeks[4]
The request form lists processing times of 7 to 10 business days, plus mail time.
- Time
- 7 to 10 business days plus mailing
Costs and fee waivers
No fee waiver is available for this step.[4]
OSDH does not list a fee waiver for amendments.
More detail
Forms1 form: ODH 18008VR
Open a form for tips on filling it out.
ODH 18008VRBirth Certificate Request FormRequired
How to fill it out
- Step 1: enter your name exactly as it appears on the birth certificate now. The sex box offers only Male or Female.
- Step 3: select the line "Delayed registration, amendment, paternity, adoption, or legitimation requests" ($40, includes one certified copy). Add $15 for each extra copy.
- Attach a photocopy of your photo ID and the certified court order.
- Make checks payable to "OSDH VR". Do not send cash.
RequirementsWhere you live, privacy and sealing, timeline
- Where you live
- You must have been born in Oklahoma. Where you live now does not matter; OSDH accepts name change orders from courts in other states.[1][2][3][8][7]
- Other
- The person named on the certificate, or a parent, guardian, or legal representative, may request the name amendment.
- Privacy and sealed records
- Not available.
By law every amended certificate is marked "amended" and shows the date and a summary of the evidence. The original is not sealed for a name change.
[1][5][7] - How long it takes
About 7 to 10 business days after Vital Records receives a complete request, plus mail time.
After you finishYour Oklahoma birth certificate will show your new name, marked "amended," and the sex recorded at birth.
Your Oklahoma birth certificate will show your new name, marked "amended," and the sex recorded at birth. You can still use it together with your court order as proof of name for Social Security, a US passport, and your license. If you were born in Oklahoma and now live in a state that recognizes gender, that state cannot change your Oklahoma certificate, but its own IDs may follow its own rules.
Tips1 tip from people who have done this
- If your certificate was amended to show a different sex before 2021 and you receive a notice about it, contact A4TE (documents@transequality.org) or ACLU of Oklahoma (intake@acluok.org) before responding.
Laws and other guides3 laws, 1 other guide
Laws and rules
- 63 O.S. § 1-321: Amendment of certificate or record (subsections C and H)
- HB 1225 (2026): Birth certificates must show biological sex at birth
- SB 1100 (2022): Bans nonbinary designation on birth certificates
Other trusted guides
- Advocates for Trans Equality, Oklahoma identity documents. Last updated January 2026.
Sources
9 sources. Numbers in the text, like [1], point here.Show all
- 63 O.S. 1-321, Amendment of certificate or record
“The biological sex designation shall not be amended to display gender identity, a nonbinary designation, or any symbol representing a nonbinary designation including, but not limited to, the letter X.”
- Enrolled House Bill 1225 (2026)
“The Legislature finds and declares that it is enacting the following statutory changes to clarify existing law, as opposed to altering its substance”
- SB 1100 (2022) bill information
- Birth Certificate Request Form (May 2025)
“Delayed registration, amendment, paternity, adoption, or legitimation requests only (one-time initial fee and includes one certified copy) $40.00”
- Amending an Oklahoma Birth or Death Record
“By law, all amended records are marked Amended.”
- Vital Records FAQs
- Oklahoma Identity Documents
“The Oklahoma Vital Records Office will accept a certified copy of an order for name change signed by a court from your current state of residence.”
- Fowler v. Stitt, Order certifying questions of state law to the Supreme Court of Oklahoma (10th Cir. Apr. 16, 2026)
“Defendants argued that Okla. Stat. tit. 63, § 1-321 has always prohibited and continues to prohibit changes to the designation of sex on an Oklahoma birth certificate.”
- Fowler v. Stitt, Joint status report (10th Cir. July 15, 2026)
“On June 26, 2026, Plaintiffs and Defendants each filed opening briefs addressing the impact of H.B. 1225 on the certified questions.”