50-15-224. Sex change designation on birth certificate. (1) The sex of a person designated on a birth certificate may be amended only if the department receives a certified copy of an order from a court with appropriate jurisdiction indicating that the sex of the person born in Montana has been changed by surgical procedure.

Terms Used In Montana Code 50-15-224

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201

(2)The order must contain sufficient information for the department to locate the original birth certificate. If the person’s name is to be changed, the order must indicate the person’s full name as it appears on the original birth certificate and the full name to which it is to be amended.

(3)If the order directs the issuance of a new birth certificate that does not show amendments, the new birth certificate may not indicate on its face that it was amended.

(4)This section does not apply if the sex of a person was designated incorrectly on the original birth certificate due to a data entry error.