Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 17-167.1?

Quick Answer

This section establishes the process for changing the sex designation on birth records, including the use of 'x' to represent a non-binary designation. The Department of Health is responsible for processing applications that include supporting documentation and notarized statements. Applies to individuals seeking to amend their birth records to reflect their gender identity.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 17-167.1 Sex designation on birth records.

AC § 17-167.1

a. For the purposes of this section, "x" means a designation used to indicate a sex that is not exclusively male or female. b. The department shall make a new birth record when an applicant submits an application and supporting documentation pursuant to this subdivision and subdivision c of this section requesting the correction of sex designation to the applicant's birth record. Such application shall be made in a form or manner to be provided or approved by the department. If the department requests information, documentation or a copy of an acceptable current signed photographic identification, the department may not take into account the sex designation listed on such identification in reviewing such application. c. An application made pursuant to subdivision b of this section shall be accompanied by a signed and notarized statement from the applicant requesting that the sex designation be changed to female, male, or x in order to conform to the applicant's gender identity. d. In the event the applicant is less than 18 years old, an application made pursuant to subdivision b of this section requesting that the sex designation on the record be changed to female, male, or x to conform to the applicant's gender identity shall be made in a manner consistent with the requirements of section 207.05 of the New York city health code, or successor provision thereto. (L.L. 2015/001, 1/8/2015, eff. 2/22/2015; Am. L.L. 2018/163, 10/9/2018, eff. 1/1/2019)

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters