Gender Changes Due to Surgical Procedures

Gender change via sex reassignment surgery is a process whereby the physical characteristics and/or social gender role of an individual are changed to reflect the sex opposite of that which was determined at birth.

This type of gender or sex change is different from when misinformation is recorded during the filing of the original birth certificate.

PROCEDURE TO CHANGE A COLORADO BIRTH CERTIFICATE AS A RESULT OF A GENDER CHANGE VIA SURGICAL PROCEDURE (SRS)

To request the change to the birth certificate send the following items: 

1. Form to Correct or Change a Colorado Birth Certificate   along with your current  ID and the fees.  • If legal representative (must provide proof) 

2. Certified Copy of a Legal Name Change Order     

• The court order will be returned to you upon completion of your request 
• If no name change is being requested no court order is needed 

3. Certified Copy of a Court Order indicating that the Gender was changed via Surgical Procedure         

• Legal Name Change and Gender Change can be on the Same Court Order 

To access forms(JDF 76 and 77) from the courts website (Click Here) 

BELOW ARE THE STATE OF COLORADO STATUTES AND REGULATIONS PERTAINING TO GENDER CHANGES VIA SURGICAL PROCEDURE

COLORADO REVISED STATUTES

25-2-115 ALTERATION OF REPORTS AND CERTIFICATES - AMENDED REPORTS AND CERTIFICATES.

(2) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person, or upon the request of his parent, guardian, or legal representative if he is under a legal disability, the original certificate of birth shall be amended to reflect the new name thereon.

(4) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.   

COLORADO VITAL STATISTICS REGULATIONS

5 CCR 1006 - 1 Adopted by the Board of Health: June 20, 1984 Effective date: July 30, 1984

SECTION 9. AMENDMENT OF VITAL RECORDS (25-2-115) 

Section 9.3 All Other Amendments

Unless otherwise provided in these regulations or in the statute, all other amendments to vital records shall be supported by:

(a)  An affidavit setting forth:

(1) Information to identify the certificate;

(2) The incorrect item as it is listed on the certificate; and

(3) The correct item as it should appear.

SECTION 9.4 WHO MAY APPLY 

• Under 18 - To amend a birth certificate, application may be made by one of the parents, a legal guardian, the individual responsible for filing the certificate, or a legal representative if the registrant is less than 18 years of age.  

• Over 18 - The application must be made by the registrant or his legal representative.

After one year from the date of birth the provisions of Section 9.2 must be followed to amend a given name if the name was entered incorrectly on the birth certificate. A legal change of name order must be submitted from a court of competent jurisdiction to change a given name after one year.

SECTION 9.8 METHODS OF AMENDING CERTIFICATES

Certificates of birth and death may be amended by the State Registrar in the following manner:

(a) A certificate of birth amended pursuant to the provisions of 25-2-115 (4) shall be amended by preparing a new certificate. The item number relating to the sex of the registrant that was amended shall not be identified on the new certificate or on any certified copies of the certificate that may be issued.

In all cases, there shall be inserted on the certificate a statement identifying the affidavit and documentary evidence used as proof of the correct facts, the date the amendment was made, and the initials of the person making the change. As required by statute or regulation, the certificate shall be marked “Amended”.