{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-261.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-261.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-261.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-261.html"}],"law_id":79948,"edition_id":1,"section_id":79948,"structure_id":14406,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","history":"Code 1950, \u00a7 32-353.19; 1956, c. 259; 1960, c. 451; 1972, c. 823; 1977, c. 531; 1979, c. 711; 1983, c. 240; 1984, c. 219; 1991, c. 600; 2003, c. 985; 2011, cc. 486, 784; 2014, c. 621; 2015, cc. 5, 17; 2020, cc. 465, 466; 2024, cc. 45, 119.","full_text":"A\n\nThe State Registrar shall establish a new certificate of birth for a person born in the Commonwealth upon receipt of the following:1\n\nAn adoption report as provided in § 32.1-262, a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older.2\n\nA request that a new certificate be established and such evidence as may be required by regulation of the Board proving that such person has been legitimated or that a court of the Commonwealth has, by final order, determined the paternity of such person. The request shall state that no appeal has been taken from the final order and that the time allowed to perfect an appeal has expired.3\n\nAn order entered pursuant to subsection D of § 20-160. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.4\n\nA surrogate consent and report form as authorized by § 20-162. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.5\n\nUpon request of a person and in accordance with requirements of the Board, the State Registrar shall issue a new certificate of birth to show a change of sex of the person and, if a certified copy of a court order changing the person’s name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex shall include a requirement that the person requesting the new certificate of birth submit a form furnished by the State Registrar and completed by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for gender transition. Requirements related to obtaining a new certificate of birth to show a change of sex shall not include any requirement for evidence or documentation of any medical procedure.6\n\nNothing in this section shall deprive the circuit court of equitable jurisdiction to adjudicate, upon application of a person, that the sex of such person residing within the territorial jurisdiction of the circuit court has been changed. In such an action, the person may petition for the application of the standard of the person’s jurisdiction of birth; otherwise, the requirements of this section shall apply.B\n\nWhen a new certificate of birth is established pursuant to subsection A, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. However, upon receipt of notice of a decision or order granting an adult adopted person access to identifying information regarding his birth parents from the Commissioner of Social Services or a circuit court, and proof of identification and payment, the State Registrar shall mail an adult adopted person a copy of the original certificate of birth.C\n\nUpon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.D\n\nUpon receipt of notice or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252.E\n\nThe State Registrar shall, upon request, establish and register a Virginia certificate of birth for a person born in a foreign country (i) upon receipt of a report of adoption for an adoption finalized pursuant to the laws of the foreign country as provided in subsection B of § 63.2-1200.1 or (ii) upon receipt of a report or final order of adoption entered in a court of the Commonwealth as provided in § 32.1-262; however, a Virginia certificate of birth shall not be established or registered if so requested by the court decreeing the adoption, the adoptive parents or the adopted person if 18 years of age or older. If a circuit court of the Commonwealth corrects or establishes a date of birth for a person born in a foreign country during the adoption proceedings or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate showing the date of birth established by the court. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person who has attained United States citizenship, the State Registrar shall, upon request and receipt of evidence demonstrating such citizenship, establish and register a new certificate of birth that does not contain the statement required by clause (ii).F\n\nIf no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in § 32.1-259 or 32.1-260 before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.G\n\nWhen a new certificate of birth is established pursuant to subdivision A 1, the State Registrar shall issue along with the new certificate of birth a document, furnished by the Department of Social Services pursuant to § 63.2-1220, listing all post-adoption services available to adoptive families.H\n\nWhen a new certificate of birth is established pursuant to subdivision A 1, and (i) at least one adoptive parent is an active duty or retired member of the military or military reserves and (ii) the filer notifies the clerk of court in writing that an adoptive parent has military status as required herein, the clerk of the court decreeing the adoption shall deliver the adoption records and a standardized confirmation of active duty or retired military or military reserves membership of either adoptive parent to the State Registrar no later than five business days after receipt by such clerk of the final decree from the judge who entered such decree. The State Registrar shall expedite the issuance of the new certificate of birth to the adoptive parents upon receipt of (a) adoption records as provided for in § 32.1-261, (b) standardized notice from the court that finalized the adoption that at least one adoptive parent is an active duty or retired member of the military or military reserves, and (c) a completed request to the Virginia Department of Health that a new certificate of birth for the registrant be prepared. Requirements set forth in §§ 32.1-271, 32.1-272, and 32.1-273 shall apply to the disclosure of information or issuance of the adopted registrant’s new certificate of birth.","order_by":null,"text":{"0":{"id":286340,"text":"The State Registrar shall establish a new certificate of birth for a person born in the Commonwealth upon receipt of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":286341,"text":"An adoption report as provided in § 32.1-262, a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":286342,"text":"A request that a new certificate be established and such evidence as may be required by regulation of the Board proving that such person has been legitimated or that a court of the Commonwealth has, by final order, determined the paternity of such person. The request shall state that no appeal has been taken from the final order and that the time allowed to perfect an appeal has expired.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":286343,"text":"An order entered pursuant to subsection D of § 20-160. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":286344,"text":"A surrogate consent and report form as authorized by § 20-162. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":286345,"text":"Upon request of a person and in accordance with requirements of the Board, the State Registrar shall issue a new certificate of birth to show a change of sex of the person and, if a certified copy of a court order changing the person’s name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex shall include a requirement that the person requesting the new certificate of birth submit a form furnished by the State Registrar and completed by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for gender transition. Requirements related to obtaining a new certificate of birth to show a change of sex shall not include any requirement for evidence or documentation of any medical procedure.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":286346,"text":"Nothing in this section shall deprive the circuit court of equitable jurisdiction to adjudicate, upon application of a person, that the sex of such person residing within the territorial jurisdiction of the circuit court has been changed. In such an action, the person may petition for the application of the standard of the person’s jurisdiction of birth; otherwise, the requirements of this section shall apply.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":286347,"text":"When a new certificate of birth is established pursuant to subsection A, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. However, upon receipt of notice of a decision or order granting an adult adopted person access to identifying information regarding his birth parents from the Commissioner of Social Services or a circuit court, and proof of identification and payment, the State Registrar shall mail an adult adopted person a copy of the original certificate of birth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":286348,"text":"Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":286349,"text":"Upon receipt of notice or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":286350,"text":"The State Registrar shall, upon request, establish and register a Virginia certificate of birth for a person born in a foreign country (i) upon receipt of a report of adoption for an adoption finalized pursuant to the laws of the foreign country as provided in subsection B of § 63.2-1200.1 or (ii) upon receipt of a report or final order of adoption entered in a court of the Commonwealth as provided in § 32.1-262; however, a Virginia certificate of birth shall not be established or registered if so requested by the court decreeing the adoption, the adoptive parents or the adopted person if 18 years of age or older. If a circuit court of the Commonwealth corrects or establishes a date of birth for a person born in a foreign country during the adoption proceedings or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate showing the date of birth established by the court. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person who has attained United States citizenship, the State Registrar shall, upon request and receipt of evidence demonstrating such citizenship, establish and register a new certificate of birth that does not contain the statement required by clause (ii).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":286351,"text":"If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in § 32.1-259 or 32.1-260 before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"12":{"id":286352,"text":"When a new certificate of birth is established pursuant to subdivision A 1, the State Registrar shall issue along with the new certificate of birth a document, furnished by the Department of Social Services pursuant to § 63.2-1220, listing all post-adoption services available to adoptive families.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"13":{"id":286353,"text":"When a new certificate of birth is established pursuant to subdivision A 1, and (i) at least one adoptive parent is an active duty or retired member of the military or military reserves and (ii) the filer notifies the clerk of court in writing that an adoptive parent has military status as required herein, the clerk of the court decreeing the adoption shall deliver the adoption records and a standardized confirmation of active duty or retired military or military reserves membership of either adoptive parent to the State Registrar no later than five business days after receipt by such clerk of the final decree from the judge who entered such decree. The State Registrar shall expedite the issuance of the new certificate of birth to the adoptive parents upon receipt of (a) adoption records as provided for in § 32.1-261, (b) standardized notice from the court that finalized the adoption that at least one adoptive parent is an active duty or retired member of the military or military reserves, and (c) a completed request to the Virginia Department of Health that a new certificate of birth for the registrant be prepared. Requirements set forth in §§ 32.1-271, 32.1-272, and 32.1-273 shall apply to the disclosure of information or issuance of the adopted registrant’s new certificate of birth.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14406,"edition_id":1,"name":"Birth Certificates","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14405,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":204199,"object_type":"structure","relational_id":14406,"identifier":"2","token":"32.1\/7\/2","url":"\/32.1\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14405,"edition_id":1,"name":"Vital Records","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":204163,"object_type":"structure","relational_id":14405,"identifier":"7","token":"32.1\/7","url":"\/32.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82311,"structure_id":14406,"section_number":"32.1-257","catch_line":"Filing birth certificates; from whom required; signatures of parents","url":"\/32.1-257\/","token":"32.1\/7\/2\/32.1-257","metadata":false},{"id":82744,"structure_id":14406,"section_number":"32.1-257.1","catch_line":"Parents to report social security account number at time of child's birth","url":"\/32.1-257.1\/","token":"32.1\/7\/2\/32.1-257.1","metadata":false},{"id":68341,"structure_id":14406,"section_number":"32.1-258","catch_line":"Report of foundling; constitutes birth certificate","url":"\/32.1-258\/","token":"32.1\/7\/2\/32.1-258","metadata":false},{"id":68527,"structure_id":14406,"section_number":"32.1-258.1","catch_line":"Certificate of Birth Resulting in Stillbirth; requirements","url":"\/32.1-258.1\/","token":"32.1\/7\/2\/32.1-258.1","metadata":false},{"id":84481,"structure_id":14406,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","url":"\/32.1-259\/","token":"32.1\/7\/2\/32.1-259","metadata":false},{"id":67380,"structure_id":14406,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","url":"\/32.1-260\/","token":"32.1\/7\/2\/32.1-260","metadata":false},{"id":79948,"structure_id":14406,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","url":"\/32.1-261\/","token":"32.1\/7\/2\/32.1-261","metadata":false},{"id":55749,"structure_id":14406,"section_number":"32.1-261.1","catch_line":"Repealed","url":"\/32.1-261.1\/","token":"32.1\/7\/2\/32.1-261.1","metadata":false}],"previous_section":{"id":67380,"structure_id":14406,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","url":"\/32.1-260\/","token":"32.1\/7\/2\/32.1-260","metadata":false},"next_section":{"id":55749,"structure_id":14406,"section_number":"32.1-261.1","catch_line":"Repealed","url":"\/32.1-261.1\/","token":"32.1\/7\/2\/32.1-261.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-261\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 259; in 1960, chapter 451; in 1972, chapter 823; in 1977, chapter 531; in 1979, chapter 711; in 1983, chapter 240; in 1984, chapter 219; in 1991, chapter 600; in 2003, chapter 985<\/a>; in 2011, chapters 486<\/a> and 784<\/a>; in 2014, chapter 621<\/a>; in 2015, chapters 5<\/a> and 17<\/a>; in 2020, chapters 465<\/a> and 466<\/a>; in 2024, chapters 45<\/a> and 119<\/a>.<\/p>","references":[{"id":54684,"section_number":"20-160","catch_line":"Petition and hearing for court approval of surrogacy contract; requirements; orders","order_by":null,"url":"\/20-160\/"},{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"},{"id":75922,"section_number":"20-49.8","catch_line":"Judgment or order; costs; birth record","order_by":null,"url":"\/20-49.8\/"},{"id":79948,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","order_by":null,"url":"\/32.1-261\/"},{"id":66275,"section_number":"32.1-262","catch_line":"Records of adoptions","order_by":null,"url":"\/32.1-262\/"},{"id":79180,"section_number":"63.2-1200.1","catch_line":"Recognition of foreign adoption; issuance of birth certificates","order_by":null,"url":"\/63.2-1200.1\/"},{"id":57977,"section_number":"63.2-1220","catch_line":"Issuance of birth certificates for children adopted in the Commonwealth","order_by":null,"url":"\/63.2-1220\/"},{"id":61151,"section_number":"63.2-1220.01","catch_line":"Foreign adoptions; establishment of date of birth","order_by":null,"url":"\/63.2-1220.01\/"}],"refers_to":[{"id":54684,"section_number":"20-160","catch_line":"Petition and hearing for court approval of surrogacy contract; requirements; orders","order_by":null,"url":"\/20-160\/"},{"id":62248,"section_number":"20-162","catch_line":"Contracts not approved by the court; requirements","order_by":null,"url":"\/20-162\/"},{"id":61338,"section_number":"32.1-252","catch_line":"State Registrar; duties; delegations","order_by":null,"url":"\/32.1-252\/"},{"id":84481,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","order_by":null,"url":"\/32.1-259\/"},{"id":67380,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","order_by":null,"url":"\/32.1-260\/"},{"id":79948,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","order_by":null,"url":"\/32.1-261\/"},{"id":66275,"section_number":"32.1-262","catch_line":"Records of adoptions","order_by":null,"url":"\/32.1-262\/"},{"id":55927,"section_number":"32.1-271","catch_line":"Disclosure of information in records; when unlawful; when permitted; proceeding to compel disclosure; when certain records made public","order_by":null,"url":"\/32.1-271\/"},{"id":60853,"section_number":"32.1-272","catch_line":"Certified copies of vital records; other copies","order_by":null,"url":"\/32.1-272\/"},{"id":61634,"section_number":"32.1-273","catch_line":"Fees for certified copies, searches of files, etc.; disposition","order_by":null,"url":"\/32.1-273\/"},{"id":79180,"section_number":"63.2-1200.1","catch_line":"Recognition of foreign adoption; issuance of birth certificates","order_by":null,"url":"\/63.2-1200.1\/"},{"id":57977,"section_number":"63.2-1220","catch_line":"Issuance of birth certificates for children adopted in the Commonwealth","order_by":null,"url":"\/63.2-1220\/"}],"permalink":{"id":204225,"object_type":"law","relational_id":79948,"identifier":"32.1-261","token":"32.1\/7\/2\/32.1-261","url":"\/32.1-261\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-261\/","token":"32.1\/7\/2\/32.1-261","dublin_core":{"Title":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-261","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The State Registrar shall establish a new certificate of birth for a person<\/span> born in the Commonwealth upon receipt of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An adoption report as provided in § 32.1-262<\/a>, a report of adoption prepared and filed in accordance with the laws<\/span> of another state or foreign country, or a certified copy of the decree<\/span> of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court<\/span> decreeing the adoption, the adoptive parents, or the adopted person<\/span> if 18 years of age or older. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A request that a new certificate be established and such evidence<\/span> as may be required by regulation of the Board<\/span> proving that such person<\/span> has been legitimated or that a court<\/span> of the Commonwealth has, by final order<\/span>, determined the paternity of such person<\/span>. The request shall state that no appeal<\/span> has been taken from the final order<\/span> and that the time allowed to perfect an appeal<\/span> has expired. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An order entered pursuant to subsection D of § 20-160<\/a>. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A surrogate consent and report form as authorized by § 20-162<\/a>. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Upon request of a person<\/span> and in accordance with requirements of the Board<\/span>, the State Registrar shall issue<\/span> a new certificate of birth to show a change of sex of the person<\/span> and, if a certified copy of a court order<\/span> changing the person<\/span>’s name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex shall include a requirement that the person<\/span> requesting the new certificate of birth submit a form furnished by the State Registrar and completed by a health care provider from whom the person<\/span> has received treatment stating that the person<\/span> has undergone clinically appropriate treatment for gender transition. Requirements related to obtaining a new certificate of birth to show a change of sex shall not include any requirement for evidence<\/span> or documentation of any medical procedure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Nothing in this section shall deprive the circuit<\/span> court of equitable<\/span> jurisdiction<\/span> to adjudicate<\/span>, upon application of a person<\/span>, that the sex of such person<\/span> residing within the territorial jurisdiction<\/span> of the circuit<\/span> court has been changed. In such an action, the person<\/span> may petition<\/span> for the application of the standard of the person<\/span>’s jurisdiction<\/span> of birth; otherwise, the requirements of this section shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a new certificate of birth is established pursuant to subsection A, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence<\/span> of adoption, paternity or legitimation shall be sealed<\/span> and filed and not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252<\/a>. However, upon receipt of notice of a decision or order granting an adult adopted person<\/span> access to identifying information regarding his birth parents from the Commissioner<\/span> of Social Services or a circuit<\/span> court, and proof of identification and payment, the State Registrar shall mail an adult adopted person<\/span> a copy of the original certificate of birth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of a report of an amended decree<\/span> of adoption, the certificate of birth shall be amended as provided by regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon receipt of notice or decree<\/span> of annulment<\/span> of adoption, the original certificate of birth shall be restored to its place in the files<\/span> and the new certificate and evidence<\/span> shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The State Registrar shall, upon request, establish and register a Virginia certificate of birth for a person<\/span> born in a foreign country (i) upon receipt of a report of adoption for an adoption finalized pursuant to the laws<\/span> of the foreign country as provided in subsection B of § 63.2-1200.1<\/a> or (ii) upon receipt of a report or final order<\/span> of adoption entered in a court of the Commonwealth as provided in § 32.1-262<\/a>; however, a Virginia certificate of birth shall not be established or registered if so requested by the court decreeing the adoption, the adoptive parents or the adopted person<\/span> if 18 years of age or older. If a circuit<\/span> court of the Commonwealth corrects or establishes a date of birth for a person<\/span> born in a foreign country during the adoption proceedings or upon a petition<\/span> to amend<\/span> a certificate of foreign birth, the State Registrar shall issue<\/span> a certificate showing the date of birth established by the court. After registration<\/span> of the birth certificate in the new name of the adopted person<\/span>, the State Registrar shall seal and file<\/span> the report of adoption which shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with § 32.1-252<\/a>. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence<\/span> of United States citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person<\/span> who has attained United States citizenship, the State Registrar shall, upon request and receipt of evidence<\/span> demonstrating such citizenship, establish and register a new certificate of birth that does not contain the statement required by clause (ii). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If no certificate of birth is on file<\/span> for the person<\/span> for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in § 32.1-259<\/a> or 32.1-260<\/a> before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> When a new certificate of birth is established pursuant to subdivision A 1, the State Registrar shall issue<\/span> along with the new certificate of birth a document, furnished by the Department<\/span> of Social Services pursuant to § 63.2-1220<\/a>, listing all post-adoption services available to adoptive families. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> When a new certificate of birth is established pursuant to subdivision A 1, and (i) at least one adoptive parent is an active duty or retired member of the military or military reserves and (ii) the filer notifies the clerk of court<\/span> in writing that an adoptive parent has military status as required herein, the clerk of the court decreeing the adoption shall deliver the adoption records and a standardized confirmation of active duty or retired military or military reserves membership of either adoptive parent to the State Registrar no later than five business days after receipt by such clerk of the final decree<\/span> from the judge<\/span> who entered such decree<\/span>. The State Registrar shall expedite the issuance of the new certificate of birth to the adoptive parents upon receipt of (a) adoption records as provided for in § 32.1-261<\/a>, (b) standardized notice from the court that finalized the adoption that at least one adoptive parent is an active duty or retired member of the military or military reserves, and (c) a completed request to the Virginia Department<\/span> of Health that a new certificate of birth for the registrant be prepared. Requirements set forth in §§ 32.1-271<\/a>, 32.1-272<\/a>, and 32.1-273<\/a> shall apply to the disclosure of information or issuance of the adopted registrant’s new certificate of birth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNEW CERTIFICATE OF BIRTH ESTABLISHED ON PROOF OF ADOPTION, LEGITIMATION, OR\nDETERMINATION OF PATERNITY, OR CHANGE OF SEX (\u00a7 32.1-261)\n\nA. The State Registrar shall establish a new certificate of birth for a person\nborn in the Commonwealth upon receipt of the following:\n\n 1. An adoption report as provided in § 32.1-262, a report of adoption\n prepared and filed in accordance with the laws of another state or foreign\n country, or a certified copy of the decree of adoption together with the\n information necessary to identify the original certificate of birth and to\n establish a new certificate of birth; except that a new certificate of birth\n shall not be established if so requested by the court decreeing the adoption,\n the adoptive parents, or the adopted person if 18 years of age or older.\n\n 2. A request that a new certificate be established and such evidence as may be\n required by regulation of the Board proving that such person has been\n legitimated or that a court of the Commonwealth has, by final order,\n determined the paternity of such person. The request shall state that no\n appeal has been taken from the final order and that the time allowed to\n perfect an appeal has expired.\n\n 3. An order entered pursuant to subsection D of § 20-160. The order shall\n contain sufficient information to identify the original certificate of birth\n and to establish a new certificate of birth in the names of the intended\n parents.\n\n 4. A surrogate consent and report form as authorized by § 20-162. The\n report shall contain sufficient information to identify the original\n certificate of birth and to establish a new certificate of birth in the names\n of the intended parents.\n\n 5. Upon request of a person and in accordance with requirements of the Board,\n the State Registrar shall issue a new certificate of birth to show a change of\n sex of the person and, if a certified copy of a court order changing the\n person’s name is submitted, to show a new name. Requirements related to\n obtaining a new certificate of birth to show a change of sex shall include a\n requirement that the person requesting the new certificate of birth submit a\n form furnished by the State Registrar and completed by a health care provider\n from whom the person has received treatment stating that the person has\n undergone clinically appropriate treatment for gender transition. Requirements\n related to obtaining a new certificate of birth to show a change of sex shall\n not include any requirement for evidence or documentation of any medical\n procedure.\n\n 6. Nothing in this section shall deprive the circuit court of equitable\n jurisdiction to adjudicate, upon application of a person, that the sex of such\n person residing within the territorial jurisdiction of the circuit court has\n been changed. In such an action, the person may petition for the application\n of the standard of the person’s jurisdiction of birth; otherwise, the\n requirements of this section shall apply.\n\nB. When a new certificate of birth is established pursuant to subsection A, the\nactual place and date of birth shall be shown. It shall be substituted for the\noriginal certificate of birth. Thereafter, the original certificate and the\nevidence of adoption, paternity or legitimation shall be sealed and filed and\nnot be subject to inspection except upon order of a court of the Commonwealth or\nin accordance with § 32.1-252. However, upon receipt of notice of a\ndecision or order granting an adult adopted person access to identifying\ninformation regarding his birth parents from the Commissioner of Social Services\nor a circuit court, and proof of identification and payment, the State Registrar\nshall mail an adult adopted person a copy of the original certificate of birth.\n\nC. Upon receipt of a report of an amended decree of adoption, the certificate of\nbirth shall be amended as provided by regulation.\n\nD. Upon receipt of notice or decree of annulment of adoption, the original\ncertificate of birth shall be restored to its place in the files and the new\ncertificate and evidence shall not be subject to inspection except upon order of\na court of the Commonwealth or in accordance with § 32.1-252.\n\nE. The State Registrar shall, upon request, establish and register a Virginia\ncertificate of birth for a person born in a foreign country (i) upon receipt of\na report of adoption for an adoption finalized pursuant to the laws of the\nforeign country as provided in subsection B of § 63.2-1200.1 or (ii) upon\nreceipt of a report or final order of adoption entered in a court of the\nCommonwealth as provided in § 32.1-262; however, a Virginia certificate of\nbirth shall not be established or registered if so requested by the court\ndecreeing the adoption, the adoptive parents or the adopted person if 18 years\nof age or older. If a circuit court of the Commonwealth corrects or establishes\na date of birth for a person born in a foreign country during the adoption\nproceedings or upon a petition to amend a certificate of foreign birth, the\nState Registrar shall issue a certificate showing the date of birth established\nby the court. After registration of the birth certificate in the new name of the\nadopted person, the State Registrar shall seal and file the report of adoption\nwhich shall not be subject to inspection except upon order of a court of the\nCommonwealth or in accordance with § 32.1-252. The birth certificate shall\n(i) show the true or probable foreign country of birth and (ii) state that the\ncertificate is not evidence of United States citizenship for the child for whom\nit is issued or for the adoptive parents. However, for any adopted person who\nhas attained United States citizenship, the State Registrar shall, upon request\nand receipt of evidence demonstrating such citizenship, establish and register a\nnew certificate of birth that does not contain the statement required by clause\n(ii).\n\nF. If no certificate of birth is on file for the person for whom a new\ncertificate is to be established under this section, a delayed certificate of\nbirth shall be filed with the State Registrar as provided in § 32.1-259 or\n32.1-260 before a new certificate of birth is established, except that when the\ndate and place of birth and parentage have been established in the adoption\nproceedings, a delayed certificate shall not be required.\n\nG. When a new certificate of birth is established pursuant to subdivision A 1,\nthe State Registrar shall issue along with the new certificate of birth a\ndocument, furnished by the Department of Social Services pursuant to §\n63.2-1220, listing all post-adoption services available to adoptive families.\n\nH. When a new certificate of birth is established pursuant to subdivision A 1,\nand (i) at least one adoptive parent is an active duty or retired member of the\nmilitary or military reserves and (ii) the filer notifies the clerk of court in\nwriting that an adoptive parent has military status as required herein, the\nclerk of the court decreeing the adoption shall deliver the adoption records and\na standardized confirmation of active duty or retired military or military\nreserves membership of either adoptive parent to the State Registrar no later\nthan five business days after receipt by such clerk of the final decree from the\njudge who entered such decree. The State Registrar shall expedite the issuance\nof the new certificate of birth to the adoptive parents upon receipt of (a)\nadoption records as provided for in § 32.1-261, (b) standardized notice\nfrom the court that finalized the adoption that at least one adoptive parent is\nan active duty or retired member of the military or military reserves, and (c) a\ncompleted request to the Virginia Department of Health that a new certificate of\nbirth for the registrant be prepared. Requirements set forth in §§\n32.1-271, 32.1-272, and 32.1-273 shall apply to the disclosure of information or\nissuance of the adopted registrant’s new certificate of birth.\n\nHISTORY: Code 1950, \u00a7 32-353.19; 1956, c. 259; 1960, c. 451; 1972, c. 823;\n1977, c. 531; 1979, c. 711; 1983, c. 240; 1984, c. 219; 1991, c. 600; 2003, c.\n985; 2011, cc. 486, 784; 2014, c. 621; 2015, cc. 5, 17; 2020, cc. 465, 466;\n2024, cc. 45, 119.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}