Section 33-04-12-02 - Amendments as a result of sex reassignment surgery1.Evidence and documents required. The birth record of an individual born in this state who has undergone an acceptable sex reassignment surgery, where the sex of the individual was changed with anatomically correct genitalia for the identified sex as certified by a medical provider, may be amended as follows: a. Upon written request of the individual who has undergone the surgery;b. A notarized form, provided by the department, signed by a medical provider that has performed the surgery on the individual, and that by reason of the surgery, the sex of the individual has been changed to the anatomically correct genitalia of the identified sex; andc. An order of a court of competent jurisdiction decreeing a legal change in name, if one is so desired.2.New record. Pursuant to such amendment, a new record of birth will be created by the state registrar showing original data as transcribed from the original record excepting those items that have been amended. The new record will be clearly marked in the upper margin with the word "amended" and a description of the amended items may be added to the certified copy for clarification.3.Sealing of original record. The original record shall be then placed in a special file and shall not be open to inspection except by order of a court of competent jurisdiction or by the state registrar for purpose of carrying out the provisions of North Dakota Century Code chapter 23-02.1 and properly administering the vital records registration program.4.Acceptable sex reassignment surgeries. The vital records office shall maintain a list of acceptable sex reassignment surgeries that must be routinely reviewed to ensure the list is updated as any new acceptable surgeries meeting the criteria become available. The acceptable sex reassignment surgeries must change an individual's sex with the correct genitalia of the new identified sex and remove the sexual function of the previous sex.N.D. Admin Code 33-04-12-02
Amended effective January 1, 2008.Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04