What You Need to Know About Legally Changing Your Gender in Virginia
There are a few steps an individual needs to take to legally change his or her gender in Virginia. Here is what you need to know about changing your gender in Virginia.
What are the steps to legally change your gender in Virginia?
- Download the Petition for Change of Sex and fill it out. Choose the desired sex marker. Sign the completed Petition in front of a notary public.
- Many VA county courts may request that you fill out an Order for Change of Sex along with your Petition.
- Include the letter from a licensed provider indicating that the sex has been changed by medical procedure. VA law does not specify what medical procedure means. Still, the letter should be acceptable evidence as long as the provider certifies the medical procedure has changed the “sex.”
- For Virginia residents, file the Petition and the letter at your local County Circuit Court House. For non-Virginia residents who have a Virginia birth certificate, you may file for a court order for gender change in your current state of residence, or you may file for a court order in Virginia, in which case you would file the Petition and the attached letter at the Richmond City Circuit Court. You may send in your application via mail.
- Filing Fee:
Pay the designated filing fee of $98 payable to the Circuit Court where you are filing. Please note that if you are filing this petition simultaneously as a name change petition, you will have to file two separate petitions with separate filing fees.
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Depending on your income, you may qualify for a filing fee waiver. You can use the Petition for Proceeding in Civil Case without Payment of Fees or Costs to request a waiver and attach any financial statements or other information supporting your need for the fee waiver.
1. Can the individual change the Virginia birth certificate with a non-binary gender marker option?
Right now, male and female are the only gender marker options for Virginia birth certificates.
With the recent passing of a new law, an individual no longer needs to present a sex change court order or proof of gender-affirming surgery in order to update the gender marker on your Virginia birth certificate. In Virginia, the non-binary gender marker will appear as an “X” on the license or ID card.
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2. Who can apply for a state ID or license with a non-binary gender marker in Virginia?
Anyone who needs a non-binary gender marker option can apply for a license or ID card.
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