Governor Cuomo Signs the Gender Recognition Act

 

Allows New Yorkers to Use "X" As Sex Designation on New York State Driver's License

Legislation (S.4402-B/A.5465-D) Eases Process for Name Changes by Removing Requirement to Publish Changes in a Newspaper

Outlines Petition Process to Change Sex Designation and Recognize Gender Identity on New York State Documents, Permits the Use of "Parent" on Birth Certificates and Eases Process to Change a Birth Certificate

 

 Governor Andrew M. Cuomo today signed the Gender Recognition Act, removing longstanding barriers to equality under the law and ensuring expanded protections for transgender and non-binary New Yorkers. The legislation (S.4402-B/A.5465-D) allows New Yorkers to use "X" as a non-binary sex designation on New York State driver's licenses. It also ensures that New Yorkers will be able to have their gender identity on official documents and provides protections to reduce discrimination against nonbinary and transgender New Yorkers by permitting name change and sex designation changes to be sealed more easily. Finally, the legislation will provide New Yorkers the ability to amend their birth certificates and use a designation of mother, father, or parent for the first time.

"Every New Yorker deserves to be free from discrimination and have state-issued identification and processes that respect them for who they are, recognize their gender identity and protect their safety," Governor Cuomo said. "New York continues to lead the way in ensuring LGBTQ people are treated equally in every part of the law and society, and this bill is another landmark that ensures New Yorkers can express ourselves for who we are."

Prior to the Gender Recognition Act's signing, New Yorkers who wanted to change their names were required to publish their new and previous names, current address, place of birth and date of birth in a designated newspaper. This potentially allowed opportunities for discrimination against transgender and nonbinary people who legally changed their names. The Act eliminates this practice. The new law also creates a process to petition a court to change an individual's sex designation or recognize their gender identity. The petition can also be sealed to protect against fear of reprisal or retaliation. Finally, the law creates an easier process to change a birth certificate, and allows the use of the term "parent" for the first time.

The Act establishes new criteria to petition and seal change of name and change of sex designation papers. New Yorkers can now seal their name or sex designation papers if there is a risk of violence or discrimination against the applicant. This includes such applicant's status as transgender or as the subject of domestic violence.