Amendments as a result of gender identity change.

33-04-12-02. Amendments as a result of gender identity change. 1. Evidence and documents required. The birth record of a person born in this state who has undergone a sex conversion operation may be amended as follows: a. Upon written request of the person who has undergone the operation; b. An affidavit by a physician that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person's birth record should be changed; and c. An order of a court of competent jurisdiction decreeing a legal change in name. 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. History: Amended effective January 1, 2008. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemented: NDCC 23-02.1-04 1