HB805: Anti-Trans FAQ
On Tuesday, 07/29, the North Carolina General Assembly overrode Governor Stein’s veto of HB805, the Anti-Trans/School Censorship Bill, passing the bill into law. While there are multiple provisions of this law that harm the transgender and nonbinary communities here in North Carolina, we have received specific questions asking for clarity regarding the portions about gender affirming care and birth certificate updates.
Frequently Asked Questions
As a disclaimer, “sex designation” is used here to align with the language on official ID documents. This term may be more commonly referred to as “gender marker” in other contexts.
How does this law affect birth certificates in North Carolina?
Under this law, if you change your sex designation on your birth certificate, the State Registrar will keep a copy of the original birth certificate and the new birth certificate on file together making it a multi-page document. A certified copy of your birth certificate would be a copy of the multi-page document.
I wasn't born in North Carolina. Does this law affect my birth certificate?
No. Identity document laws around state-issued licenses and birth certificates are state-specific. If you were born in a state other than North Carolina, this law does not impact your ability or inability to update your sex designation on your birth certificate. However, North Carolina is not the only state changing laws around sex definitions and birth certificates, so you might want to check into what is happening in the state where you were born if you know you want to change your sex designation.
I already changed my sex designation on my birth certificate -- will this law change that?
No, this law does not retroactively change anything for already updated birth certificates.
Does this law change the process for changing my birth certificate?
No, this law does not change the process in place to change your sex designation on your birth certificate in North Carolina. You can access the Birth Certificate Modification Application here. Requirements for changing the sex designation are located on page 6. You can also submit the request via the new online portal here.
When do the changes in the law about birth certificates go into effect?
Other sections of the law have different effective dates, but the changes about birth certificates go into effect December 1, 2025. We don’t know if changes go into effect based on the date that the application is submitted or based on when the Office of Vital Records processes the application.
The law defines male and female in a way that doesn't recognize trans people, but still allows sex designations to be changed on birth certificates?
That is correct. In addition to being bad policy, it is also confusing and logically inconsistent. It gives rigid definitions of male and female based on reproductive function at conception, but then still allows people to change their sex designation on their birth certificate.
Can I amend my minor child’s birth certificate?
Yes. This law doesn’t change who or how birth certificates can be changed, and birth certificates can be amended for minors.
Are adults still allowed/able to access gender affirming care in NC under this law?
While this law aims to intimidate health professionals who provide gender affirming care, there is no provision of the law that explicitly bans gender affirming care or requires health professionals to stop providing it. However, under the law passed in August 2023, minors under the age of 18 are still not allowed to access gender affirming care in the state (though minors who were already receiving gender affirming care could continue that care).
This law does ban the use of state funds for gender affirming care for people who are in state jails and prisons. This will function as a total ban for people who are incarcerated because Department of Adult Correction policy doesn’t allow other sources of funding for health care (meaning, if the state can’t or won’t pay for the health care, you can’t get the health care while you’re incarcerated).
Does the state health plan still cover gender affirming care?
Yes. Right now, North Carolina is required to cover gender affirming care in the State Health Plan for Teachers and State Employees pursuant to a court order in Kadel v. Folwell. HB805 says that if that court order is vacated, overturned, or for some other reason is no longer in effect then the State Health Plan will stop covering gender affirming care (30 days after the order is no longer in effect). Put more simply, nothing changes until or unless that court order changes, and if the court order changes then the coverage goes away without the legislature having to take any action.