Texas birth certificates
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- Page changed: Requirements for changing vital records (2026-10-05) · #181
- 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
Texas no longer changes the sex on birth certificates to reflect gender identity. Vital Statistics accepts sex corrections only for a proven error at birth, backed by hospital records. If you were born in Texas you can still change the name on your certificate by mail with a certified court order, for $15 plus $22 per copy.
- 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
Texas birth records are kept by the Vital Statistics Section of the Department of State Health Services (DSHS). A record can be amended only to complete it or to correct information "proved by satisfactory evidence to be inaccurate" (Health & Safety Code § 191.028), and the amendment is attached to the legal record.
Until 2024, DSHS amended the sex on a birth certificate when given a court order. Around August 30, 2024 it changed its application form and said it was "no longer altering applicants' sex on birth or death certificates based on these court orders." The Attorney General's Opinion KP-0489 (March 2025) calls such orders void and tells agencies to correct certificates changed under them, and HB 229 (effective September 1, 2025) defines sex in state law as biological sex. The current form, VS-170, lists only "Correct child's sex due to proven incompletion or inaccuracy," supported by a hospital or medical record from birth or a hospital letter explaining the error.
What you can still do: change your name on the certificate with a certified court order. This works even if you now live in another state, as long as you were born in Texas. If you were born in another state, that state's rules apply, not Texas's; some states still allow sex marker changes.
Steps
DSHS needs an original certified copy (not a photocopy). An order from a court in the state where you live now is accepted. See the name change guide for Texas orders.
Fill out VS-170 and sign it before a notary[1]
Banks, libraries, UPS stores, and county clerk offices often have notaries. Do not sign until you are with the notary, and bring your photo ID.
- Form
- VS-170
Mail everything with a check or money order payable to "DSHS Vital Statistics" to: DSHS, Vital Statistics Section, P.O. Box 12040, Austin, TX 78711-2040. For faster service, add the $25 expedite fee and send it by overnight courier to DSHS Vital Statistics Section, MC 2096, 1100 W. 49th Street, Austin, TX 78756. Corrections cannot be ordered online.
Wait for the corrected certificate[5]
DSHS lists 25 to 30 business days for mailed corrections, not counting mail time. Incomplete applications are rejected and must be resubmitted, which restarts the clock. Check status at 888-963-7111.
- Time
- 25 to 30 business days plus mail time
Costs and fee waivers
No fee waiver is available for this step.[4]
DSHS waives certified-copy fees only for specific groups (military personnel with a commander's letter, homeless youth with documentation, and copies for election identification). There is no general low-income waiver for corrections.
| What | Cost | Notes |
|---|---|---|
| Correction to birth certificate (name change and other corrections)[4][1] | $15 | |
| Certified copy of the corrected birth certificate (each)[4][1] | $22 | |
| Expedited processing (optional, per application)[4][1] | $25 | Must be sent by overnight courier; overnight return shipping costs extra. |
More detail
Forms1 form: VS-170
Open a form for tips on filling it out.
VS-170Correcting a Birth CertificateRequired
How to fill it out
- Complete sections 1, 2, 5, and 6. In the document checklist, choose "Change child's First, Middle, Last name" (supporting document 5, a certified court order).
- Write the information exactly as it appears on your current certificate, then the new name exactly as it appears in the court order.
- No cross-outs, white-out, or correction tape; the application must be an original.
- Sign section 6 in front of a notary and attach a photocopy of your valid photo ID.
- Check the $15 correction fee and the number of $22 certified copies you want.
RequirementsWhere you live, age, timeline
- Where you live
- You must have been born in Texas. Where you live now does not matter.[1][2][8][6][7][9]
- Age
- Adults 18 and older apply for themselves. For a minor, the parents named on the certificate (both, if both are listed) or a legal guardian sign.
- How long it takes
About 25 to 30 business days after DSHS receives a complete application, or about 4 weeks with expedited service.
After you finishA corrected Texas birth certificate with your new name helps with a passport name change and other agencies.
A corrected Texas birth certificate with your new name helps with a passport name change and other agencies. It will continue to show the sex recorded at birth. If you were born in another state that still allows sex marker changes, you can apply there by mail; Texas DPS, however, currently will not use an amended out-of-state certificate to change the marker on a Texas license.
Tips2 tips from people who have done this
- If an item on your certificate was already amended once, DSHS requires a court order to amend the same item again.
- If you hold a Texas birth certificate whose sex was amended before August 2024, keep your certified copies in a safe place. The Attorney General has told agencies to correct such records; if DSHS contacts you, get legal help before responding.
Laws and other guides3 laws, 2 other guides
Laws and rules
- Tex. Health & Safety Code § 191.028: Amendment of birth and death records (incomplete or inaccurate records only)
- Tex. Gov't Code § 311.005 (as amended by HB 229, 89th Leg., eff. Sept. 1, 2025): Statutory definitions of sex, male, and female
- Tex. Att'y Gen. Op. No. KP-0489 (2025)
Other trusted guides
- Advocates for Trans Equality, Texas identity documents. Last updated August 2025.
- DSHS Vital Statistics, applications and forms
Sources
10 sources. Numbers in the text, like [1], point here.Show all
- VS-170, Correcting a Birth Certificate (rev. 1/26)
“Correct child's sex due to proven incompletion or inaccuracy: supporting documents 1 or 2 (hospital or medical record at birth, or letter from hospital).”
- Requirements for changing vital records
“You can apply for changes or amendments to a vital record by mail.”
- Supporting documentation for record changes and corrections
“Change legal name: Certified copy of a court order affecting the information shown on the birth certificate.”
- Costs and fees
“Correction to Birth Certificate, all other changes: $15.00. New, Certified Copy of Corrected Birth Record: $22.00.”
- Processing times
“Birth Certificate Correction/Amendment: Texas.gov, Service Not Available; Mail-in, 25-30 days (average business days).”
- Texas Attorney General and agencies' refusal to follow court orders to update gender markers (fact sheet, March 31, 2025)
“DSHS is no longer altering applicants' sex on birth or death certificates based on these court orders.”
- Opinion No. KP-0489 (March 14, 2025)
“State agencies must immediately correct any unlawfully altered driver's licenses or birth certificates that were changed pursuant to such orders.”
- Tex. Health & Safety Code § 191.028, Amendment of certificate
- HB 229 (89th Legislature), enrolled text
- Texas identity documents (last updated August 2025)
“The Texas Vital Records Office will accept a certified copy of an order for name change signed by a court from your current state of residence.”