(650) 735-2436   (209) 643-2436

New York City Gender-Neutral Birth Certificates

New York City Gender-Neutral Birth Certificates

Yesterday, there were news stories stating that a new law went in to effect in New York on January 1, 2019 allowing for birth certificates specifying a non-binary gender (i.e. not male and not female). Here are two in particular:

The headlines are misleading for this reason: It isn’t a New York state law. Instead, the law that went in to effect yesterday is a New York City law. This law was signed by New York City Mayor Bill DeBlasio on October 9, 2018 and went into effect January 1, 2019.

For those interested, this new law is under the Administrative Code of the City of New York. If you want to look it up yourself, it is Title 17, Section 167.1 entitled “Sex Designation on Birth Records”.

As an aside for those interested, California has a law that allows for gender-neutral birth certificates also. Called the Gender Recognition Act, it was passed as California Senate Bill 179 (SB 179) in October 2017 and went in to effect January 1, 2018. At the time, it made California the first state in the US to recognize a third gender.

As usual with any blog post regarding New York, I need to make clear that while I am licensed to practice law in New York state, I don’t maintain an office anywhere in the state of New York (at least as of the date of this post). As a result, I can’t practice law there due to New York Judiciary Law section 470.

The following two tabs change content below.

Andy Chen

Andy I. Chen is a lawyer licensed to practice law in California and New York. Andy maintains offices in Los Altos, California and Modesto, California. Under the New York Court of Appeals' 2015 decision in Schoenefeld v. State of New York, Andy does not accept cases from those in New York state. He does, however, know many lawyers in New York state and would be happy to make a referral.

Submit a Comment

Your email address will not be published. Required fields are marked *