Board of Health and Administrative Code amendments would remove the name change and convertive surgery requirements for transgender birth certificate applicants
The Health Department and the City Council proposed changes to simplify the requirements for transgender birth certificate applicants. The Health Department proposed a resolution to amend Article 207 of the New York City Health Code to remove both the name change and the convertive surgery requirements for transgender birth certificate applications. City Council Health Committee Chair Corey Johnson introduced similar legislation this week to codify the changes into the Administrative Code.
“For some transgender individuals, convertive surgery is either not an option due to the individual’s medical history or simply not desired,” said Health Commissioner Dr. Mary Bassett. “We’re proud to propose this change to ensure New Yorkers have birth records that reflect their gender. The action under consideration will mean that transgender people no longer have to change their bodies to change their gender identity. And the process would be simple and accessible.”
“The changes proposed by the City Council and the Health Department affirm the basic human rights of transgender New Yorkers and will go a long way in addressing disparities faced by transgender individuals,” said City Council Speaker Melissa Mark-Viverito. “I thank Health Committee Chair Corey Johnson and Health Commissioner Dr. Mary Bassett for supporting these important measures to simplify requirements for transgender birth certificate applicants.”
“Having such a critical document that correctly reflects your gender identity is a basic human right that too many transgender people have been denied for far too long,” said Council Member Corey Johnson, Chair of the Council’s Committee on Health. “Practically speaking, these measures will transform the lives of transgender individuals in so many ways that other people take for granted—from accessing government benefits and health coverage, to getting a job and using appropriate facilities. I want to thank the advocates for their tireless work on this issue, and also Dr. Mary Bassett, Commissioner of the Department of Health and Mental Hygiene, for helping to make New York City a more just place.”
New York City is one of 57 independent jurisdictions in the country that is responsible for birth registration. Since 1971, Article 207, section 207.05 of the Health Code has authorized the issuance of new birth certificates for transgender persons. This section of the Health Code has not been amended in 43 years. Currently, to change sex on a birth certificate, the following are required:
- Court-ordered name change
- Proof of convertive surgery, generally interpreted as genital surgery, with:
- Surgical operative report; and
- Post-operative exam by physician specifying change of sex was completed
The proposed requirement would allow a gender change on a birth certificate in New York City to be processed upon receipt of an affirmation or affidavit written by a licensed health or mental health provider. These include a licensed physician, doctoral-level psychologist, clinical social worker, physician assistant, nurse practitioner and mental health counselor, among others.
That affirmation or affidavit must include the professional’s credentials and a statement that – in keeping with contemporary expert standards regarding gender identity – the applicant’s requested correction of sex designation – of male or female – accurately reflects the applicant’s gender identity.
The proposed requirement would replace the requirement for proof of convertive surgery in order to obtain an amended birth certificate.
To help transgender New Yorkers change their birth certificates, the Health Department will continue to ensure that a designated person with experience working with the transgender community can facilitate the birth certificate process. The Health Department will also work to identify licensed providers who can help New Yorkers seeking to change their birth certificate. The City Council bill proposes that the Health Department convenes an advisory board to ensure that the new policy is carried out efficiently and effectively.
At today’s meeting, the Board of Health approved the publication of the Health Department’s proposal for public comment.