In 2023, the Illinois legislature amended the “Illinois Vital Records Act” that makes it possible for many transgender and intersex people born in Illinois to correct the sex designation on their birth certificate. Previous versions of the law required a person undergo surgery before they could correct the sex listed on their birth certificate, or to provide a declaration from a health care professional, but these hurdles have now been removed. Below are answers to frequently asked questions about the new law.
Please note: This document offers general information only and is not intended to provide guidance or legal advice regarding anyone’s specific situation. If you have additional questions, or have encountered difficulty in obtaining an amended Illinois birth certificate contact the ACLU of Illinois at 312-201-9740 or https://action.aclu.org/legal-intake/il-legal-intake
HOW DO I CHANGE THE SEX DESIGNATION ON MY BIRTH CERTIFICATE?
The Illinois Department of Public Health (“IDPH”) oversees vital records in Illinois, including birth certificates for people born in Illinois even if they no longer live here. The IDPH website includes instructions and forms to assist you in correcting the sex/gender marker listed on your Illinois birth certificate. You may update your birth certificate to reflect M, F, or X as your gender marker.
Since July 2023, Illinoisans may submit a notarized Affidavit and Certificate of Correction Request, along with a $15 fee, to the IDPH to obtain one certified copy of the updated birth certificate. If the applicant is under age 18, a parent or guardian must complete the Affidavit.
WHAT IF I ALSO WANT TO CHANGE THE NAME ON MY BIRTH CERTIFICATE?
You can do that by obtaining a Court Order of Legal Name Change (if you don’t already have one), and sending a certified copy of that court order to IDPH along with the Affidavit and Certificate of Correction Request. On the Affidavit, you will indicate the information that should be corrected, including the name and/or sex listed on your birth certificate.
WHAT IF I NO LONGER LIVE IN ILLINOIS?
If you were born in Illinois, you can still follow this procedure to correct the sex and name listed on your Illinois birth certificate.
WHAT HAPPENS TO MY OLD BIRTH CERTIFICATE?
Your old birth certificate is kept by the IDPH under seal and cannot be released unless you request it or a court orders it.
- For more information: Contact the ACLU of Illinois’ Intake at https://action.aclu.org/legal-intake/il-legal-intake