Virginia Senate Bill Allows Transgender Individuals to Change Birth Certificates

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Birth Certificates are official government documents. But that isn’t stopping the Virginia Senate from allowing a subset of individuals changing what their birth certificate says about their sex. The argument is that no DNA testing is done at birth, so any decision on sex made by the medical practitioner is subjective.

The Washington Examiner explains:

RICHMOND, Va. — The Senate passed a bill earlier this week that would allow a person who changed their sex to have a new birth certificate issued, something that the transgender community said will help eliminate problems experienced when their legal identification doesn’t match their transition.

Senate Bill 657 would allow a person to receive a new birth certificate to reflect a change of sex, without the requirement of surgery. The individual seeking a new birth certificate also may list a new name if they provide a certified copy of a court order of the name change.

The article continues:

“I just think it’s important to try to make life easier for people without being discriminated (against) or bullied,”

said Sen. Jennifer Boysko, D-Fairfax.

“Allowing an individual who is transgender to change their birth certificate without having to go through the full surgery allows them to live the life that they are due to have.”

The bill requires proof from a health care provider that the individual went through “clinically appropriate treatment for gender transition.” The assessment and treatment, according to Boysko’s office, is up to the medical provider. There is not a specific standard approach for an individual’s transition. Treatment could include any of the following: counseling, hormone therapy, sex reassignment surgery, or a patient-specific approach from the medical provider.

A similair process is required to obtain a passport after change of sex, according to the State Department.

Once the paperwork is complete, it is submitted to the Virginia Department of Health vital records department, Boysko said.

Boysko said her constituents have reported issues when they need to show legal documents in situations like leasing apartments, opening a bank account or applying for jobs.

This is the third year that Boysko has introduced the bill. Neither bill made it out of subcommittee in previous years, but Boysko believes the bill has a better chance of becoming law this year.

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