Your Paper Please - Birth Certificate

When you are looking for a job you have to prove that you are here in the U.S. legally and to do that you have to present a certain approved documents like a passport or green card. Or you can use your birth certificate but for many trans people it might still show your assigned gender at birth and that could create problems.

That's Not My Name: What Maryland's new law on birth-certificate changes means for the state's transgender and gender nonconforming communities
Baltimore City Paper
By Olivia Adams
July 21, 2015

For trans people, changing names can be an important part of changing gender identity. For years Maryland citizens have been able to change their names and gender markers on most identity documents, such as Social Security cards and driver's licenses. But in March of this year, the Maryland General Assembly passed a law which removes almost every barrier to changing the gender marker on one's birth certificate. It was announced in March that Gov. Larry Hogan would let the bill go into effect without his signature, so beginning Oct. 1 of this year, transgender, gender nonconforming, and intersex people across the state can more easily change their markers. All you need is a letter from a licensed health care practitioner stating that you have "undergone treatment appropriate for the purpose of sex transition" or that you have "been diagnosed with an intersex condition," according to the law.

This is the same as the Connecticut law which also goes into effect October 1^st but Connecticut’s governor Malloy signed the bill.

The article goes on to say,

"No one should have to go before a judge and have the judge determine whether or not they're gonna count your gender as legally recognized," said Patrick Paschall, executive director of FreeState Legal, a Baltimore organization that provides free legal services to low-income LGBTQ people. "And so the law removes that requirement all together."

A little known section of the Connecticut law allows you to go before a Probate judge for a court order to change your birth gender on your birth certificate from another state,

Sec. 2. Section 19a-42b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, [if such other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender,] the probate courts in this state shall have jurisdiction to issue [such] a decree of a change of sex. [When a person has completed treatment for the purpose of altering his or her sexual characteristics to those of the opposite sex, such] Such person may apply to the probate court for the district in which such person resides for a decree that such person's gender is different from the sex designated on such person's original birth certificate and that such birth certificate be amended to reflect the change in gender. The application to the probate court shall be accompanied by [an affidavit from a physician attesting that the applicant has physically changed gender and an affidavit from a psychologist, psychiatrist or a licensed clinical social worker attesting that the applicant has socially and psychologically changed gender] the following documents: (1) A written statement from the applicant, signed under penalty of law, that the applicant's gender differs from the sex designated on the original birth certificate; and (2) a notarized affidavit by a physician licensed pursuant to chapter 370 or holding a current license in good standing in another state, an advanced practice registered nurse licensed pursuant to chapter 378 or holding a current license in good standing in another state, or a psychologist licensed pursuant to chapter 383 or holding a current license in good standing in another state, stating that the applicant has undergone surgical, hormonal or other treatment clinically appropriate for the applicant for the purpose of gender transition. Upon issuance, such probate court decree shall be transmitted to the registration authority of such person's place of birth.

Note: underlined text was added and bracketed text was deleted from the original law.

So this part of Connecticut’s law could be used to change the gender marker on birth certificates in states where you need a court order to change the gender marker.