New Birth Certificate for Sex Designation Change
Section 338-17.7, Hawaii Revised Statutes (HRS), as amended by Act 226 (July 2015) establishes the documentation required when requesting the Department of Health to issue a new birth certificate with a sex designation change.
How to Request a New Birth Certificate with a Sex Designation Change
The requestor or “birth registrant” must be born in the State of Hawaii and have a birth certificate filed with the Hawaii Department of Health.
The requestor must provide a notarized affidavit from a United States licensed physician attesting that:
- The physician has a bona fide physician-patient relationship with the birth registrant;
- The physician has treated and evaluated the birth registrant and has reviewed and evaluated the birth registrant’s medical history;
- The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender; and
- The physician* has seen a current certified copy of the registrant’s birth certificate and the new gender does not align with the sex designation of the birth registrant’s birth certificate.**
*Per Hawaii Revised Statutes (HRS), Section 338-1, Physician is defined; and HRS, Section 453, Part 1, Doctor of Naturopathy is not acceptable.
**Please provide a current certified copy of your birth certificate to your physician.
Here are the required forms that must be completed in order to establish a new birth certificate for sex designation change:
Cost: A fee of $3 is charged for each amendment of an item on a given certificate.
Once completed, the original notarized completed forms and fees can be returned as follows:
Mail to: | Deliver in Person to: |
Department of Health – Office of Health Status Monitoring, Registration/Corrections Section P.O. Box 3378 Honolulu, Hawaii 96801-3378 |
Department of Health – Office of Health Status Monitoring Registration/Corrections Section 1250 Punchbowl Street, Room 105 Honolulu, Hawaii 96813 |
Important Notes:
A new certificate of birth established under section 338-17.7, HRS, is substituted for the original certificate of birth. The original certificate and evidence supporting its preparation will be sealed and filed and may only be opened by an order of a court of record or by request of the birth registrant.
If the requestor is seeking a name change to be reflected in the new certificate of birth, the requestor shall submit appropriate documentation evidencing a legal name change was completed prior to the establishment of the new birth certificate. If a legal name change is completed subsequent to the establishment of a new birth certificate, the new birth certificate will have to be amended separately in accordance with name change procedures.
https://health.hawaii.gov/vitalrecords/amendments/
AMENDMENTS
An original entry on a birth, death, or marriage certificate may be amended by either the private request of an individual or an order of a court of competent jurisdiction. An amendment includes changes, corrections, additions, deletions, or substitutions.
HOW TO APPLY FOR AN AMENDMENT
An amendment may be made upon application, but only with the submission of required documentary evidence in support of the amendment. The evidentiary requirements can differ, depending on whether the amendment is court-ordered or, if requested by an individual, whether it materially affects the validity and integrity of the record.
Once an amendment of an item is made, that item will not be amended again without a court order or, if a person’s name is to be changed, without a change of name decree.
To amend a certificate of birth, follow the special instructions click here.
To apply for a new birth certificate for a sex designation change, follow the special instructions click here.
To obtain more information about a specific amendment or speak with a member of our correction staff, call (808) 586-4541 or send a written letter of inquiry to:
State Department of Health
Office of Health Status Monitoring
Corrections Section
P.O. Box 3378
Honolulu, HI 96801
Counter service is available Monday to Friday (excluding holidays) from 7:45 a.m. to 2:30 p.m by appointments or referrals, please call (808) 586-4541.
TO SCHEDULE AN APPOINTMENT
COSTS
In most cases, a fee of $3.00 is charged for each request for the amendment of an item or group of items on a given certificate.
NEW Marriage CERTIFICATE FOR gender DESIGNATION CHANGE
Section 572, Hawaii Revised Statutes (HRS), as amended by Act 179 establishes the documentation required when requesting the Department of Health to issue a new marriage certificate with a gender designation change and if applicable, legal name change.
HOW TO REQUEST A NEW Marriage CERTIFICATE WITH A Gender DESIGNATION CHANGE
The requestor or “applicant” must have a marriage certificate filed with the Hawaii Department of Health.
The applicant must provide the following:
- Any one of the following documents:
- Applicant’s new certificate of birth reflecting the applicant’s change of sex identifier.
- A government-issued Identification document reflecting the applicant’s change of sex identifier, including any court-ordered gender change done through courts in the United States, District of Columbia, or any foreign court. (If court order is in a foreign language, a certified (notarized) translated version needs to accompany it).
- An affidavit attesting, under penalty of perjury, that the request for a change of the designation of the applicant as “bride”, “groom”, “partner”, or “spouse” is to confirm to the applicant’s gender identifier and is not made for any fraudulent purpose.
and
- Notarized letter of Affidavit of the non-applicant spouse attesting the following verbatim:
- “I, (non-applicant spouse’s full name), stipulate to an issuance of a new certificate of marriage for myself that reflects my spouse’s legal gender, and, if applicable, name.”
- This letter/form can be downloaded here Non-Applicant Spouse‘s Affidavit.
You may send these documents and a short cover letter with your contact info to the following address:
State Dept. of Health
Vital Records – Attn: Corrections Section
PO Box 3378
Honolulu, Hawaii 96801
If you would like to schedule an in-person appointment at our Honolulu Office or speak with staff, please contact us at:
Phone Number: 808-586-4541
Email: doh.corrections@doh.hawaii.gov
- Upon receipt of the documents listed in A and B, we will review, prepare, and send to you the Department of Health’s Affidavit and Application for Correction of Vital Record Form. We will also provide you with instructions on paying for the amendment fee ($3.00 USD) and ordering new certified copies of the marriage certificate.
A sample of the form is provided Marriage Affidavit for Gender Marker and Legal Name Change Sample. This form can either be notarized or signed at the Honolulu Department of Health or with any Deputy Local Registrar at their respective District Health Offices.
For neighbor islands, contact your local District Health Office.
-
- Hawaii Island
- Maui County (Maui, Lanai, Molokai)
- Kauai: (808) 241-3498
Important Notes:
If the requestor is seeking a name change to be reflected in the new certificate of marriage, the requestor shall also submit appropriate documentation evidencing a legal name change with their request for gender designation change.
If for any reason the requestor would not like to list their previous full name on the Department of Health’s Affidavit and Application for Correction of Vital Record Form, please let us know in writing when you submit your request and required documents.
A new certificate of marriage established under Act 179, is substituted for the original certificate of marriage. The original certificate and evidence supporting its preparation will be sealed and filed and may only be opened by an order of a court of record or by request of the registrant.