Transgender people born in New York state, with the exception of New York City, will no longer have to prove that they have had sex-reassignment surgery to change the sex marked on their birth certificate, Governor Andrew Cuomo's office said on Thursday, according to Reuters.
About 100 people a year seek to change the sex on their birth certificate in New York state, according to the office of the governor, who is a Democrat, Reuters reported. New York City has a separate records system from the rest of the state and still requires proof of surgery for such a change.
Under the policy, a transgender person will still need to provide a notarized affidavit from the doctor treating them for what the American Psychiatric Association calls gender dysphoria, previously known as gender identity disorder, in order to get their birth certificate modified, according to Reuters.
But under the policy the doctor will no longer need to affirm that their patient has had surgery, only that they are receiving "appropriate treatment," Reuters reported. Only people who are 18 years old or older are allowed to apply to alter their birth certificate in New York state.
Transgender rights groups say many transgender people, who identify as having a different sex from their one at birth, do not need, do not want or cannot afford sex-reassignment surgery, according to Reuters.
Being unable to change the sex marked on their identity documents can leave them vulnerable to discrimination or embarrassment, these rights groups say, Reuters reported.
"This change brings New York in line with the current standards of medical care for gender transition - it's not 'one size fits all,'" Dru Levassuer, the transgender rights director for the advocacy group Lambda Legal, said, according to Reuters. It is important to have accurate identity documents that reflect who people are in the world," he added.
Four other states: Vermont, California, Oregon and Iowa, as well as Washington, D.C., also do not require surgery and proof of surgery before changing sex designation on a birth certificate, according to Lambda Legal, according to Reuters.
New York's new policy closely matches the State Department policy which dropped proof of sex-reassignment surgery for altering the sex marked on passports and consular birth certificates in 2010, Reuters reported.
