Non-Binary Birth Certificates and State IDs: Full Guide

As conversations about gender evolve across the United States, so do the laws governing identification documents. Currently, 16 states and the District of Columbia allow citizens to request a non-binary birth certificate or amend an existing one.

The term non-binary includes any person who does not identify with a gender that falls within the traditional male/female categories. Regulations on birth certificate gender markers, denoted by ‘X’, are also inclusive for citizens born intersex.

However, recent federal policy changes have added new challenges for non-binary individuals seeking recognition at a national level.

In this post, you’ll find a timeline of the most recent updates to non-binary recognition in state documents, including how President Trump’s 2025 executive order impacts these rights.

Latest Updates on Non-Binary Birth Certificates

Many states have updated their laws to accommodate non-binary and gender-fluid citizens in recent years. These policy changes allow people to register their preferred gender identity on official vital records in certain states.

The most recent developments to birth certificate gender markers in the United States are as follows:

• Jan 20, 2025: President Trump signs an executive order banning the use of ‘X’ gender markers on U.S. passports. This does not affect their use on birth certificates.
• Florida (July 15, 2024): The State of Florida announces it will no longer process gender marker changes on birth certificates.
• Kansas (August 31, 2023): A federal judge rules that officials are no longer required to change transgender people’s birth certificates. Kansas will not let trans people change their driver’s license to reflect their gender identity.
• Illinois (July 1, 2023): No medical proof is needed to change gender on a birth certificate.
• New York State (January 9, 2023): Gender-neutral options are available for vital records.
• Vermont (July 1, 2022): In some jurisdictions, parents can choose a non-binary gender for their newborn's birth certificate.
• Oklahoma (April 27, 2022): Prohibits non-binary gender markers on birth certificates.
• Wisconsin (July 1, 2021): New laws for parental identification on birth certificates.

Federal vs. state impact on ‘X’ gender markings

Executive orders, like those issued by Trump in 2025, only apply to federal identification documents, such as U.S. passports, military IDs, and Social Security cards. This means it’s no longer possible to update any federal IDs with a non-binary or ‘X’ gender marker.

However, the policy does not currently affect state-issued documents like birth certificates and driver’s licenses. Many states continue to issue gender-neutral IDs and birth certificates.

U.S. States that Issue Non-Binary Birth Certificates

People who were born in any of the following states, who do not identify as male or female, can legally opt for a 3rd gender category or X marker on their U.S. birth certificate:

• California
• Colorado
• Connecticut
• Illinois
• Maine
• Michigan
• Nevada
• New Jersey
• New Mexico
• New York
• Ohio
• Oregon
• Rhode Island
• Utah
• Vermont
• Washington
• Washington, District of Columbia

These policy changes came as a result of LGBTQ+ rights advocates petitioning lawmakers to allow identity documents to be more easily changed to match gender identity.

Gender "X" on a Birth Certificate

The gender X option on a birth certificate serves the following purposes:

• Acts as a placeholder until the child is able to self-identify with a gender on their own
• Relieves the pressure on parents to choose a gender during the first days after birth of a child with a sexual variation
• Gives intersex children an inclusive term since some of them present both female and male hormonal traits
• Allows people who do not identify as neither male nor female gender to express this on their legal document
• Provides that many transgender, gender non-conforming, gender non-binary, gender-fluid, genderqueer, and agender people a way to override or justify non-conformity with their original gender designation

Choosing or Changing to Gender-Neutral on a U.S. Birth Certificate

Citizens born in California, Maine, and Washington now have 3 gender choices for state-issued identification documents; male (M), female (F), or gender-neutral (X).

In some states, you have to wait until the age of 18 to file a request for a birth certificate sex marker change or identify as "X". In others, parents can assist minors who wish to amend their birth certificate.

It’s usually not possible to register a baby as gender-neutral at birth. However, in some states, it’s possible to request to make the change immediately after the document is issued. Experts explain how this legal option can help parents raise gender-neutral children, allowing kids to establish their own gender if and when they are ready to do so.

Some states —such as Minnesota and Hawaii— allow you to register your gender as ‘X’ on a driver’s license or state ID, but do not permit gender-neutral markers on birth certificates.

The requirements to change your gender marker also vary depending on the state. Some state laws allow adults with a non-binary identity to have their birth certificate amendedto gender-neutral without requiring a note from a medical professional.

In other states, individuals that wish to change the sex marker on their birth certificate are required to provide proof of gender confirmation surgery.

Gender X Birth Certificate Laws, Requirements, and Policies by State

This comprehensive map of non-binary U.S. birth certificate policies by state shows how the rules and requirements vary across the United States.

Non-Binary Birth Certificates vs. State IDs

Some states allow ‘X’ gender markers on all state-issued vital records, including birth certificates, driver’s licenses, and state IDs. Others only permit non-binary gender markers on some documentation.

This table shows vital record gender and non-binary policies, state by state.

Non-binary birth certificates in California

The state of California no longer defines gender as either male or female, since it incorporated a 3rd option in 2019.

This extends beyond just birth certificates in California and includes other official documents such as driver’s licenses and State ID, which all recognize non-binary as a 3rd gender.

The Gender Recognition Act, not only allows for a third gender choice on birth certificates and driver’s licenses but also facilitates the process for the transgender community to modify their gender on documents.

It puts an end to the requirements of sworn written documents provided by their doctors and is replaced by an affidavit by the individual in which they declare that the change aligns with their gender identity.

With this measure, California follows Oregon and Washington, who also recognize non-binary individuals on driver’s licenses and State IDs. However, it was the first state to extend it to birth certificates.

Non-binary birth certificates in New York

New York passed a law that allows non-binary and gender-nonconforming people to obtain birth certificates and driver’s licenses that align with their gender identity.

Since June 2021 and the signing of the Gender Recognition Act, residents across the state have been able to obtain driver’s licenses and birth certificates that reflect non-binary status.

Citizens may now opt for the options of either “male”, “female”, or “x” when self-identifying on these official documents.

In January 2023, the New York State Health Department announced all residents of New York State can now receive their vital records with the same non-binary status.

Also, similar to California, no document from a doctor is required to change the sex listed on a birth certificate, making it easier for both transgender people and those defining as non-binary or gender-fluid. New Yorkers need only petition a court for their chosen gender designation.

Neutral birth certificates in New Jersey

In July 2018, New Jersey Governor Phil Murphy signed a comprehensive birth certificate law which allows people to choose “male,” “female,” or “undesignated/non-binary,” in the sex field, which became effective on 1 February, 2019.

Upon signing the legislation, Governor Murphy said, "Today is an important day for New Jersey as we continue to strive toward equality for all of our residents, regardless of sex or gender expression."

Having a third option in the sex category will allow babies that are born intersex to be given time to determine how they identify themselves, and families who want to raise their children outside the typical binary system to have that option.

The states mentioned join Washington, DC which allows for the “X” gender on both birth certificates and personal IDs.

Gender-neutral birth certificates in Wisconsin

From July 2021, citizens of Wisconsin have been given the option to identify as gender-neutral on state-issued birth certificates.

Instead of simply listing “mother” or “father” on the form, parents may now also identify as a “parent” or a “parent giving birth” at their discretion. This is available in English, Spanish or Hmong.

This was announced in late June 2021 by Wisconsin Governor Tony Evers and officially became law shortly after.

“This change reflects my and my administration’s commitment to gender-neutral terminology and to recognizing Wisconsin families are diverse and should be valued and respected”, Evers also commented in a statement.

Illinois gender-neutral to be added on birth certificates

In August 2018, the gender-neutral X marker was added to all state forms in Illinois.

Starting on 1 July 2023, residents of Illinois will be able to change the gender marker on their birth certificate without needing to show medical proof that they have undergone gender reassignment surgery or treatment.

Rep. Jennifer Gong-Gershowitz, D-Glenview, a lead sponsor on the bill, said in a statement: “Access to your birth certificate will become a less onerous process for many Illinoisans, removing barriers for people who already face so many.”