On December 27, 2017, the Department of Health filed the Rule-making Order to adopt proposed WAC 246-490-075, Changing sex designation on a birth certificate, under Washington State Register 18-02-048. The adopted rule:
Defines X as a gender that is not exclusively male or female, including, but not limited to, intersex, agender, amalgagender, androgynous, bigender, demigender, female-to-male, genderfluid, genderqueer, male-to-female, neutrois, nonbinary, pangender, third sex, transgender, transsexual, Two Spirit, and unspecified.
The adopted rule applies only to amendments made to birth certificates after the original record is completed at the time of birth.
The adopted rule differs from the proposed rule by clearly stating that an adult may apply for a sex designation change on their birth certificate through a guardian appointed pursuant to chapter 11.92 RCW. This change reflects what is already provided for under state statute and does not change the effect of the rule as proposed.