COMMITTEE ON HOMELAND SECURITY, JUSTICE 
AND PUBLIC SAFETY 
 
 
BILL NO. 
35-0395 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
October 30, 2024 
 
 
 
An Act amending title 16 Virgin Islands Code by adding a chapter 8, relating to change of 
gender designations on identifying documents upon receipt of an order of the Superior Court 
of the Virgin Islands, amending chapter 7 relating to name change, and amending title 20, 
chapter 35 to allow for change of gender designation on driver’s licenses, identification cards, 
and for other related purposes 
 
 
 
PROPOSED BY: 
 
 
Senator Novelle. E. Francis, Jr. by Request of the Governor 
 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 16 Virgin Islands Code is amended as follows: 
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(a) 
by adding a chapter 8 entitled “Change of Gender Marker” as follows: 
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“Chapter 8 Change of Gender Marker 
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Ҥ 191.  Application for Gender Marker Change 
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(a) 
Any adult individual seeking a change of gender designation on a birth certificate or other 
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government-issued identification for themselves or on behalf of their minor child shall file a petition 
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for Gender Marker Change with the Superior Court of the Virgin Islands. 
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(b) 
The petition for Gender Marker Change must be accompanied by a statement, signed under 
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penalty of perjury, by a healthcare provider who has treated or evaluated the individual stating at least 
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one of the following: 
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(1) 
The individual has undergone surgical, hormonal, or other treatment appropriate for 
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the individual for the purpose of gender transition, based on contemporary medical standards; or 
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(2) 
The individual has an intersex condition, and the healthcare provider’s professional 
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opinion is that the gender designation must be changed. 
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(c) 
If an individual has received a judicial order from another jurisdiction changing gender 
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designation, a copy of this order must be filed with the petition and accepted in lieu of a statement 
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from a healthcare provider. 
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(d) 
In the context of this chapter, the term "Healthcare Provider" shall mean a "Healthcare 
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Provider" as defined in Title 27, Chapter 1, Subchapter IX, Section 166 of the Virgin Islands Code. 
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§ 192.  Order Granting Gender Marker Change; Change of Name 
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(a) 
Upon receipt of a petition, the Court shall evaluate the petition and accompanying medical 
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statement, and upon a finding that the petition is complete and satisfactory, shall issue an order granting 
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Gender Marker Change. 
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(b) 
If the Court has reason to question the authenticity of the Order of Gender Marker Change, 
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it may conduct an authentication hearing before issuing the Order of Gender Marker. 
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(c) 
If a petitioner requests a name change in conjunction with a petition for Gender Marker 
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Change, the Court, upon adjudging the Gender Marker Change, may also adjudge a change of name, 
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provided that the petitioner follows the application process for a change of name as mandated under 
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Title 16, Chapter 7, Section 181. 
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§ 193.  Effect of Order Granting Gender Marker Change 
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(a) 
An order granting Gender Marker Change, including any corresponding name change, is 
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sufficient to request the change of any identification document issued by the Government of the Virgin 
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Islands, and upon receipt of the Order, the issuing department must comply with the Gender Marker 
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Change request. 
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§ 194.  Amended Birth Certificate, Issuance 
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(a) 
An applicant requesting an amended birth certificate shall submit to Virgin Islands 
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Department of Health, the Office of Vital Records & Statistics a copy of the order granting Gender 
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Marker Change. Vital Statistics shall, not later than 30 days after receipt of the Order, update its 
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records, including any corresponding name change, and upon payment of the required fee, issue an 
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amended birth certificate to the applicant.  
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(b) 
An amended certificate of birth must be substituted for the original certificate of birth. The 
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amended birth certificate must contain all the information in the original birth certificate except for the 
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items that were amended. 
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Thereafter, the Registrar shall seal and file the original certificate and the evidence supporting 
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the preparation of the amended birth certificate.  The sealed documents may be opened only by an 
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order of a court of record or by request of the registered birth certificate holder, or by the Registrar for 
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the purposes under this chapter or to properly administer the vital records and statistics program. 
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(c) 
In the context of this chapter, the term “registrar” refers to the definition of ‘registrar’ as 
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outlined in Title 19, Chapter 37 of the Virgin Islands Code.” 
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(b) 
by amending chapter 7, section 182 in the first sentence by striking “chapter 5” and 
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inserting “chapters 5 and 8”. 
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SECTION 2.  Title 20 Virgin Islands Code, is amended as follows: 
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(a) 
chapter 33, section 335 by striking the first sentence of subsection (b) and inserting 
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the following: 
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“Whenever a person who has applied for, or has been issued a vehicle registration of 
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ownership or a driver’s license using a particular address but moves to a different address other 
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than the address provided, or whenever the name of a person has been legally changed by 
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marriage or otherwise, or when a person has been issued an order granting a gender marker 
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change in accordance with title 16 Virgin Islands Code, chapter 8, the person shall, not later 
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than 30 days the occurrence, notify the Director of Motor Vehicles in writing of the change of 
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address, change of name, or the change of gender.” 
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(b) 
chapter 35, section 373 subsection (b) in the second sentence by striking “age,” and 
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inserting “date of birth, gender marker,”. 
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SECTION 3.  Not later than 60 days after the effective date of this act, the Superior 
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Court of the Virgin Islands shall create a template pleading for Gender Marker Change. Section 
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1 becomes effective 60 days after its enactment date. 
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BILL SUMMARY 
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The bill amends title 16 Virgin Islands Code to provide for a judicial process for grant of gender 
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marker and name change and amends the corresponding code sections in title 20 to allow for change 
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of other government issued identification. 
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BR24-1023/July 10, 2024/KEH 
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G35-051 
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