Sadly, among the collection of of discriminatory transgender legislation presented in the 2021 Montana Legislature the law sited below, signed into Law by Governor Gianforte, the following change now requires surgical alteration in order to change the sex/gender designation on a Montana Birth Certificate. The good news is there are now rare instances where presentation of a gender conforming birth certificate is required. If you want to learn about the, "work arounds," to a corrected birth certificate please write to us at 

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​2021 Montana Code Annotated

Title 50. Health and Safety
Chapter 15. Vital Statistics
Part 2. Birth
50-15-224. Sex change designation on birth certificate

Universal Citation: MT Code § 50-15-224 (2021)

50-15-224. Sex change designation on birth certificate. (1) The sex of a person designated on a birth certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of the person born in Montana has been changed by surgical procedure.

(2) The order must contain sufficient information for the department to locate the original birth certificate. If the person's name is to be changed, the order must indicate the person's full name as it appears on the original birth certificate and the full name to which it is to be amended.

(3) If the order directs the issuance of a new birth certificate that does not show amendments, the new birth certificate may not indicate on its face that it was amended.

(4) This section does not apply if the sex of a person was designated incorrectly on the original birth certificate due to a data entry error.

History: En. Sec. 1, Ch. 332, L. 2021.