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Court Revises Birth Certificate Probate Form

The Ohio Supreme Court has approved the adoption of a new standard probate form for use by those seeking to correct their birth certificate.

The new form is in response to recent federal litigation concerning the ability of transgender Ohioans to change their gender designation.  

Ohio law establishes the process for correcting birth certificates, which includes the filing of an application with a probate court. 

Prior to 2015, the Ohio Department of Health (ODH) accepted probate court orders to change a listed gender. In 2016, the ODH revised its policy and stopped allowing birth certificate changes for transgender individuals.

A federal court found ODH’s policy unconstitutional, ordering that ODH again accept any court order to change the listed sex on the document.

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