Montana Health Department Adopts New Rule Prohibiting Transgender Individuals from Changing Sex on Birth Certificates
Montana health officials have adopted a proposed rule that prevents transgender people in most cases from changing their sex designation on state-issued birth certificates — even if they receive gender-affirming medical or surgical care.
The rule adopted Friday by the Montana Department of Public Health and Human Services (DPHHS) allows for the sex that is listed on an individual’s birth certificate to be altered only if it was listed incorrectly “as a result of a scrivener’s error or a data entry error” or if the individual’s sex was “misidentified on the original certificate.”
In the case of the latter, DPHHS must be in possession of a correction affidavit and supporting documentation including copies of chromosomal, DNA or genetic testing that “identify the sex of the individual” in order to make the change.
