Oregon Vital Records will change the sex of the registrant (person named on an Oregon birth record) if the proper documents and fees are submitted.
Court orders of change of sex are not required to correct typographical errors in the sex of a child. These errors can be corrected up to age 21 by the hospital or birthing facility with a correction affidavit. After age 21, typographical errors can be corrected with an affidavit and an evidence document for proof of sex. This document can be a marriage or divorce certificate, registrant’s child’s birth record, medical records, certified school record, or other original or certified records dated more than five years prior to the amendment request that lists the registrant’s name, date of birth or age, and sex.
To change a person's designated sex, Oregon law requires a court order (judgment). ORS 33.460 effective January 1, 2014 states:
- A court that has jurisdiction to determine an application for change of name of a person under ORS 33.410 and 33.420 may order a legal change of sex and enter a judgment indicating the change of sex of a person if the court determines that the individual has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition and that sexual reassignment has been completed.
- The court may order a legal change of sex and enter the judgment in the same manner as that provided for a change of name of a person under ORS 33.410 and 33.420.
- If a person applies for a change of name under ORS 33.410 and 33.420 at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding.
Once you have an original copy of the court order of change of sex, submit the following in person (find our office) or by mail:
- ORIGINAL CERTIFIED COPY OF THE COURT ORDER showing the original seal and signature of the court clerk. (Our office will keep this document in a sealed file.)
- If the court order changes the legal name as well as the sex of a person named on an Oregon birth certificate, send a SIGNED STATEMENT (fillable PDF) from the person named on the record if that person is 18 or older, or the parent requesting that the birth record name be changed. Use the signed statement to clarify whether there are two first, middle, or last names if the court order does not specify this information about the new name. A signed request statement is not required for a change of sex by court order.
If the birth record is for a child under the age of 18, then a parent named on the birth record, the legal guardian, or the parent who has sole legal custody of the child may sign the request to change the birth certificate name.
- A completed VITAL RECORDS ORDER FORM (fillable PDF) with attached photocopy of current, valid ID.
- A FEE OF $30 for the amendment and an ADDITIONAL FEE OF $20 for a new birth certificate. Or, you may send only $30 and return up to three original certified records issued in the last year for free replacements. If you need more than one record, additional copies ordered at the same time are $15 each.
Mail to: Oregon Vital Records
800 Oregon Street, Ste 225
Portland Oregon 97232
How the birth record will be changed:
Per House Bill 2093 effective January 1, 2014, changes to sex by court order are made by creating a new birth certificate. No footnote documenting the change in sex will be added to the new birth record. A sealed file number will be added, and all documents related to change of sex will be placed in the sealed file. If a change of name is completed using the same court order, or if a name change is documented on the original birth record, it will not be show on the new birth certificate.