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South 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

South Dakota does not change the sex on birth certificates. Since July 1, 2026, state law (HB 1184) defines sex as biological sex and requires the Department of Health to follow that definition. You can still update the name on a South Dakota birth certificate with a certified court order and an $8 fee.

Main cost
$8, can be waived
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
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Forms
  5. After you finish
  6. Tips
  7. Laws and other guides
  8. Sources

How it works

Birth records are kept by the South Dakota Department of Health, Office of Vital Records, in Pierre. Amendments are governed by SDCL 34-25-51 and ARSD chapter 44:09:05. There has never been a specific rule for correcting sex, and HB 1184 (2026) now requires every state agency to use "biological sex" in all its rules and practices. The Department's amendment page lists no process for changing sex.

Name: a name change on a birth certificate more than a year old requires a certified court order that tells the Department to amend the record (ARSD 44:09:05:12). South Dakota's name change forms let you ask for this in the same case (paragraph 15 of UJS-025 and the order UJS-027).

This guide applies only if you were born in South Dakota. If you were born in another state, that state's law controls your birth certificate.

Steps

  1. Know that the sex marker cannot be changed[7][10][9][1]

    Before July 1, 2026, the Department of Health reportedly amended the sex on a birth certificate when given a certified court order. HB 1184 (2026) now requires all state agencies to use biological sex in their rules and practices, and the Department lists no process for changing sex. Do not pay for a court petition only to change the sex on a South Dakota birth certificate without first getting legal advice.

  2. Get a court order that directs the name amendment[5][1]

    When you petition for a name change, check paragraph 15 of UJS-025 and the birth certificate box on the order (UJS-027). The order must identify the certificate, show the name as it appears now, and show the new name (ARSD 44:09:05:02).

  3. Send the amendment request to Vital Records[1][2]

    Mail the notarized Birth Record Amendment Request, a certified copy of the court order, and the $8 fee (payable to the South Dakota Department of Health) to Vital Records, 221 W. Capitol Ave., Pierre, SD 57501. Questions: 605-773-4961 or vitalrecords@state.sd.us.

    Cost
    $8 amendment of a record more than 1 year old

  4. Order certified copies of the amended certificate[2][3]

    Order copies from Vital Records or any county Register of Deeds office. Each certified copy is $15. If you are homeless, one copy is free with the Affidavit of Homeless Status.

    Cost
    $15 certified copy of a birth certificate

Costs and fee waivers

Can’t afford it? You may not have to pay.[3][2]

Only for people experiencing homelessness (one free certified copy), and for certain military, Head Start, school-enrollment, and youth baseball uses.

Submit the Affidavit of Homeless Status, signed before a notary by you and a homeless services provider, with the Vital Records Request form.

WhatCostNotes
Amendment of a record more than 1 year old[2][4]$8Does not include a certified copy.
Certified copy of a birth certificate[2][3]$15Phone or internet orders add an $11.50 expedite fee. One free copy for people experiencing homelessness (SDCL 34-25-63).

More detail

Forms2 forms

Open a form for tips on filling it out.

Forms everyone files (1)

Birth Record Amendment RequestRequired

Sign in front of a notary public. Send with the certified court order and the $8 fee.

Open the form[1]

Forms only some people need (1)

South Dakota Vital Records Request (to order certified copies)Optional

Use it to order new certified copies after the amendment. Copies you already bought can be exchanged at no cost.

Open the form[2][3]

After you finishWith your amended certificate, update your passport and any records that ask for a birth certificate.

With your amended certificate, update your passport and any records that ask for a birth certificate. The sex field on your South Dakota birth certificate will stay as originally recorded.

Tips2 tips from people who have done this
  • If you were born in another state, check that state's rules; some still change the sex marker for people who live elsewhere.
  • If you had your sex marker changed before July 1, 2026 and receive any notice from Vital Records about your record, contact the ACLU of South Dakota.
Laws and other guides3 laws, 1 pending bill, 1 other guide

Pending legislation

  • HB 1260 (2025) (dead, 2025-02-20). Would have required birth certificates to reflect biological sex. Failed in the House 35-35.[8]

Laws and rules

Other trusted guides

Sources

10 sources. Numbers in the text, like [1], point here.Show all
  1. Amendments & Court OrdersSouth Dakota Department of Health, Official page. accessed
    “To file a court-ordered name change on a vital record, you must provide a certified copy of the court order that directs the record be amended”
  2. Vital Records FeesSouth Dakota Department of Health, Official page. accessed
    “Certified or informational copy of birth, death, marriage, or divorce record ... $15.00”
  3. Homeless Birth Certificate WaiverSouth Dakota Department of Health, Official page. accessed
  4. SDCL 34-25-51, Amendment of vital recordSouth Dakota Legislature, Law. accessed
  5. ARSD 44:09:05:02, Requirements for amending vital recordsSouth Dakota Legislature, Regulation. accessed
  6. ARSD 44:09:05:04, Who may request an amendmentSouth Dakota Legislature, Regulation. accessed
  7. HB 1184 (2026), An Act to define man and woman throughout the stateSouth Dakota Legislature, Law. accessed
    “Each state agency ... shall, in the execution of applicable duties, strictly adhere to the definitions of ... "sex" ... as set forth in § 2-14-2.”
  8. HB 1260 (2025), require that birth certificates and certain official documents reflect biological sexSouth Dakota Legislature, Law. accessed
  9. South Dakota equality profileMovement Advancement Project, Organization. accessed
  10. South Dakota Identity DocumentsAdvocates for Trans Equality, Organization. accessed