Current Version
| Region | Arkansas |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Feb 19, 1981 |
| End Date | (none) |
| Description | Legal gender recognition was formally codified into state law when Senate Bill 256 (the Arkansas Vital Statistics Act of 1981). Codified at ARK. CODE ANN. § 20-18-307(d), the statute explicitly mandates that the state registrar amend a birth certificate upon receipt of a certified court order. This order must verify that the individual's sex has been "changed by surgical procedure" and that their legal name has been updated. This strictly medicalized and judicial framework remains in effect today. |
| Sources | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1254.pdf https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl https://www.lgbtqnation.com/2021/03/1981-arkansas-lawmakers-voted-unanimously-recognize-trans-folks-state-law/ |
Revision History (4)
| Old Value | New Value (Current) | |
|---|---|---|
| Start Date | Apr 13, 1995 | Feb 19, 1981 |
| Description | Arkansas will amend after receipt of a court order verifying that they have undergone sex-reassignment surgery and that their names have been changed. | Legal gender recognition was formally codified into state law when Senate Bill 256 (the Arkansas Vital Statistics Act of 1981). Codified at ARK. CODE ANN. § 20-18-307(d), the statute explicitly mandates that the state registrar amend a birth certificate upon receipt of a certified court order. This order must verify that the individual's sex has been "changed by surgical procedure" and that their legal name has been updated. This strictly medicalized and judicial framework remains in effect today. |
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| Sources | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1254.pdf | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1254.pdf https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1118&context=mjgl https://www.lgbtqnation.com/2021/03/1981-arkansas-lawmakers-voted-unanimously-recognize-trans-folks-state-law/ |
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edited by DaisyGeekyTrans. Adding start date.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Start Date | 1995 | Apr 13, 1995 |
| Sources | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F1995%2FPublic%2F1254.pdf |
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edited by DaisyGeekyTrans. Fixing start year.
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Start Date | 2002 | 1995 |
| Sources | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues https://law.justia.com/codes/arkansas/title-20/subtitle-2/chapter-18/subchapter-3/section-20-18-307/ https://www.lgbtmap.org/img/maps/citations-id-birth-certificate.pdf |
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| Original entry | |
|---|---|
| Status | Legal, but requires surgery |
| Start Date | 2002 |
| End Date | (none) |
| Description | Arkansas will amend after receipt of a court order verifying that they have undergone sex-reassignment surgery and that their names have been changed. |
| Sources | http://www.hrc.org/laws-and-legislation/entry/arkansas-birth-certificate-law-gender-identity-issues |
Reports (2)
- Note field is incorrect "Anecdotal: My pre-op trans boyfriend was able to change the gender marker on his ID simply by going down to the courthouse with a copy of his name change form. To change one's legal name in most counties, all you have to do is submit a form and pay a fee. "
- Status is not correct "The Arkansas DMV now honors requests to change gender markers on DLs more or less at request at a state revenue office, given a name change court order.
Resistance may vary by county, but the home office in Little Rock can clarify the current policy. A doctor's note is necessary for a name change, but surgery is absolutely _not_ a requirement.
See page 28: http://www.transequality.org/sites/default/files/docs/resources/ARTECGuide-FINAL.pdf"