Beginning January 1, 2018, individuals with Illinois birth certificates may now change the gender designation on their birth certificates without having to undergo surgery. The Illinois Vital Records Act was amended by Public Act 100-360 to provide that an individual may submit a declaration by a licensed health care professional or mental health care professional stating that the individual has received treatment for the purpose of gender transition or that the individual has an intersex condition. The declaration must include a statement that the professional is making the declaration under penalty of perjury. The law now also provides that the individual may simultaneously change his or her name on the birth certificate if proper documentation is submitted.
To implement the changes to the law, the Illinois Department of Public Health has developed a Declaration of Gender Transition or Intersex Condition by Licensed Health Care Professional. An individual must submit this form, signed by a licensed health care professional or licensed mental health professional, along with a notarized Affidavit and Certificate of Correction Request to change his or her gender on the birth certificate. To effectuate a name change, the individual must also submit a certified copy of a court order changing the name as well as indicate the name change on the Affidavit and Certificate of Correction Request.