The Maine law about the requirement of surgery for a gender marker change on a birth certificate is not very detailed. Surgery is required, but there is not a list of particular surgeries that you would need to have done in order to meet this requirement.
A “surgical procedure to change sex” means many different things to different people. It does not necessarily mean a particular kind of genital reconstructive surgery, or what are commonly called “top” or “bottom” surgeries. The state is not looking for a laundry list of particular surgical procedures. If you feel that you have had a surgical procedure that has “changed your sex” - whatever that may mean to you, talk with the doctor or surgeon who did the surgery. If they agree, and will send a notarized affidavit stating that you have had such a surgery, you should be considered as having met this requirement.
The letter from your doctor or surgeon does not need to be overly complicated or detailed about the specifics of your surgery. It could be as simple as this:
1. I, Dr. ________ am licensed to practice medicine in _________ and hold license number _______________.
2. I am the physician of ________, with whom I have a doctor/patient relationship and whom I have treated.
3. On Month, Day, Year, I performed and completed a surgical procedure to change the sex of __________.
4. That procedure was performed in cooperation with Ms./Mr. ________’s medical team for the purpose of transition to the female/male gender.
Your surgeon or doctor may already have a format they like to use for this purpose, but it they don’t, you can send them this language as an example. Be sure to let your doctor know that you need a notarized affidavit.
Vital records cannot contact your doctor or surgeon to ask about what surgeries you have had. If they do this, call the GLAD Legal Helpline.