NMDOH: New Mexico Is Fourth State To Allow Gender-Neutral Sex Designation On Birth Certificates


As of Oct. 29, New Mexicans can take advantage of a new law, which allows people who identify as transgender, nonbinary, intersex and other gender-expansive identities to confirm their correct gender on their birth certificate.

The New Mexico Department of Health promulgated the rules implementing the Vital Records Modernization Act, as signed into law by Governor Michelle Lujan Grisham earlier this year.

The new legislation and subsequent rule updates the process for correction of sex designation on New Mexico birth certificates, affirming contemporary healthcare standards and making the sex designation correction process accessible and practical.

The legislation (SB 20), sponsored by Sen. Jacob Candelaria – NM 26, provides for a gender-neutral sex designation, an “X”, for those whose gender identity is other than M or F.

New Mexico is the fourth state to include a gender-neutral sex designation on birth certificates. Additionally, with the promulgation of the rule implementing the Act, New Mexico becomes the eighth state to allow for the amendment of birth certificates through self-attestation. This removes the outdated requirement of gender confirmation surgery.

“I’m consistently reminded why I’m proud to be a New Mexican,” said Equality New Mexico Executive Director Adrian N. Carver. “Our state consistently leads the nation in securing legal equality for members of the LGBTQ+ community and that’s because, deep down, New Mexicans are accepting, tolerant, and welcoming to people – especially people who are different.”

“Our lawmakers and Governor Lujan Grisham have once again shown a strong commitment to the safety and access of transgender people in our state,” said Co-Director Adrien Lawyer of the Transgender Resource Center of New Mexico. “The ability to update a foundational identity document like a birth certificate to match one’s identity and presentation is a necessity. This is a great day for transgender, non-binary and intersex New Mexicans who desire to update their birth certificates.”