Friday, January 6, 2017

Gender Markers in the State of Nevada

There have been some amazing revelations regarding Gender Markers in the State of Nevada.

Previously, you needed a Court Order to change your Gender Marker on your birth certificate.  That provision of the Nevada Administrative Code was repealed on November 2, 2016. 

Nevada’s Bureau of Vital Statistics will now change your Gender Marker on your birth certificates without a Court Order pursuant to NAC 440.030 and NAC 440.035.  First, you will need a self-proclaiming notarized affidavit requesting the Gender Marker change. 

Second, you will need a supplemental affidavit completed by an individual that has personal knowledge and can attest that the person of record has assumed, identifies with and intends to maintain the gender identity that corresponds with the change requested.  This affidavit must also be notarized. This personal knowledge can be gained through firsthand experience or observation.  There are a wide variety of ways to gain personal knowledge; my office can provide you a complete list.

Finally, although a Court Order is no longer needed, I strongly recommend that you obtain a Court Order.  There are a number of States that will not give Full-Faith and Credit to a birth certificate but will recognize Court Orders.*  I can help you obtain this Court Order.  If you cannot afford to obtain a Court Order, I recommend that you contact Nevada Legal Services or the Legal Aid Center of Southern Nevada.  If you qualify, we can get you the Court Order.

For additional information or answers to your questions, please contact my office for a consultation.  Mention this blog and your consultation will be gratis (no charge).

* This depends on the State that issued your birth certificate.  I can help you determine if the State that issued your birth certificate will recognize an Order from a Nevada Court.