Politics may not always be top of mind for notaries, but changes in federal policy might be coming across your desk. With recent executive orders defining gender strictly as male or female, we need to stay informed about how these shifts might impact our work.
In several states, notarization is already required for gender marker updates, and this trend could grow as more changes are implemented. Here’s what you need to know:
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States Impacted by the Gender Marker Executive Order
The federal push to define gender strictly as male or female could directly impact state-level policies ( roughly 22 states and the District of Columbia) and notarization requirements for gender marker changes. Some states require notarized affidavits or court orders to update gender markers on official documents such as birth certificates, driver’s licenses, and more.
States Requiring Notarized Physician Affidavits:
Some states request notarized physician affidavits or other legal documents confirming gender-affirming surgeries or specific chromosomal characteristics to amend the gender marker on a birth certificate.
Alabama
Arizona
Arkansas
Georgia
Kentucky
Louisiana
Michigan
Missouri
Nebraska
North Carolina
Wisconsin
States Requiring Proof of Surgery or Court Orders:
In some states, notarized documents might be required to amend gender markers on official identification documents. These could include physician affidavits, court orders, or documentation of gender-affirming surgeries.
Alaska
Arizona
California
Indiana
Iowa
Maryland
Mississippi
Nebraska
North Carolina
Ohio
Pennsylvania
South Dakota
Texas
Virginia
West Virginia
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Types of Documents That May Require Notarization
With these legal changes, notaries may encounter an increasing need to verify and notarize the following types of documents:
1. Physician Affidavits: In some states, individuals seeking to change their gender marker on a birth certificate or other official documents must submit a notarized affidavit from a physician. This affidavit typically confirms the individual’s gender-affirming surgery or specific chromosomal characteristics.
2. Court Orders: If an individual has undergone a legal process to change their gender, a notarized court order may be required to amend the gender marker on their birth certificate, driver’s license, or other documents.
3. Amended Birth Certificates: Some states require an amended birth certificate to reflect a change in gender. Notarized affidavits or court orders might be needed to ensure these changes are legally recognized.
4. Gender-Affirming Surgery Documentation: For certain individuals, notarized documents may be needed to verify that they’ve undergone gender-affirming surgeries, which are required for updating gender markers on identification documents in some states.
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How Does This Affect You as a Notary?
1. More Gender-Related Notarizations: As these legal changes continue, notaries may be asked to verify and notarize documents related to gender transitions, including physician affidavits, court orders, and amended birth certificates. Staying aware of these shifts ensures that you can confidently process these sensitive documents.
2. Handling Sensitive Documentation: Notarizing gender-related documents often involves personal and legal transitions. It’s crucial to remain respectful, compassionate, and professional while ensuring that all notarizations are compliant with state and federal regulations.
3. Be Prepared for More Changes: As federal policies evolve, state laws may change, meaning more documents related to gender identity could require notarization. Keeping up-to-date on these shifts will ensure you remain a valuable resource for your community.
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What’s Next?
These changes might seem far off, but they will likely affect the notary landscape sooner than you think. Let us know what your thoughts are!
Remember, whether you’re interested in politics or not, the policies impacting gender markers are something that notaries should be aware of. Stay informed, stay ahead, and continue supporting your community with professionalism.
We would love to invite you to register for one of our upcoming events! Connect with us at www.notarytrainingnetwork.org.
Best,
Michol Bobb
Founder, Notary Training Network
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