When Gov. Murphy signed a package of bills on July 3, 2018, New Jersey joined 16 other states that allow residents to change their gender on birth certificates and death records in order to conform to their gender identity without submission of proof of surgery, and joined three other states that include a gender-neutral option on birth certificates.

P.L. 2018, c. 58 requires the state registrar of vital statistics, upon submission of a request, to issue an amended certificate of birth to a person born in New Jersey who submits such request. Under prior law, such amended certificate of birth was only issued upon the receipt of a medical certificate from the applicant's physician, indicating the person's gender had been changed through surgery. A person now need only complete a form which affirms under penalty of perjury that the request for a change in gender, including female, male or undesignated/non-binary, is made for the purpose of conforming with that person's gender identity and not for any fraudulent purpose. The amended certificate will not indicate that it has been amended. The prior record will be sealed and only opened pursuant to a court order or by the person who is the subject of the birth certificate, or the person if a minor, a parent or guardian. For residents of this state who were born elsewhere and such state or foreign jurisdiction requires a court order to amend a birth certificate to reflect a change in gender, a court in New Jersey has jurisdiction to issue such order after ascertaining that the purpose is for conforming with gender identity and not for fraudulent purpose.

P.L. 2018, c. 59 also allows the sex of the decedent to be recorded to reflect the decedent's gender identity as reported by the person with the right to control the funeral and disposition. Documentation of a gender transition can include, but is not limited to, the decedent's written instructions, including in an advance health care directive; a court order approving a name or gender change; proof of clinical treatment for gender transition; or the gender marker on a birth certificate, or a state- or federally issued identification card.

Finally, P.L. 2018 c. 60 establishes a Transgender Equality Task Force of 17 members “to assess legal and societal barriers to equality” and recommend future laws to prevent discrimination. Areas of concern are health care, education, housing, employment, and criminal justice.

It is estimated that there are 30,100 transgender/gender-diverse people living in New Jersey. We welcome these legislative efforts to protect our neighbors and allow them the right to amend vital records to be consistent with their gender identity.