ORS 33.460
Jurisdiction

  • grounds
  • procedure

(1)

Application for legal change of sex of a person may be heard and determined by any circuit court in this state. A circuit court may order a legal change of sex and enter a judgment indicating the change of sex if the individual attests that the individual has undergone surgical, hormonal or other treatment appropriate for the individual for the purpose of affirming gender identity.

(2)

The court may order a legal change of sex and enter the judgment in the same manner as that provided for change of name of a person under ORS 33.410 (Jurisdiction).

(3)

Application for simultaneous change of name and legal change of sex may be heard and determined by any circuit court in this state. If a person applies for a change of name under ORS 33.410 (Jurisdiction) at the time the person applies for a legal change of sex under this section, the court may order change of name and legal change of sex at the same time and in the same proceeding. [1981 c.221 §1; 1997 c.872 §23; 2003 c.576 §309; 2013 c.366 §52; 2017 c.100 §3; 2021 c.274 §3]

Source: Section 33.460 — Jurisdiction; grounds; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors033.­html.

Notes of Decisions

Because legislative intent of 2013 and 2017 amendments to this section was to expand scope of statute and shift focus from physical anatomy to affirming gender identity, legal sex designations cannot be limited to “male” or “female” and may include “nonbinary” as choice. In the Matter of Hollister, 305 Or App 368, 470 P3d 436 (2020)

Court may deny petition for change of legal sex only where record contains evidence that change of legal sex is inconsistent with “public interest,” namely, that change of legal sex is sought for purpose harmful to well-being of general public, including fraud, dishonesty, misrepresentation, evading creditors or interfering with rights of others. In the Matter of Jondle, 317 Or App 303, __ P3d __ (2022)

Petitioner’s status as convicted or incarcerated individual does not alone constitute basis for court to conclude that granting petition for change of legal sex is inconsistent with public interest. In the Matter of Jondle, 317 Or App 303, __ P3d __ (2022)

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