Question on birth certificate and driver's license gender changes

[Chic]

I'm confused about this.

I live in New York State. However, I was born in New York City. It says this on my birth certificate. It was enacted earlier this month that New York State would allow a gender change on an individual's birth certificate provided they have proof by a qualified person that shows they are the gender they're asking them to put on the certificate. This is a change from when New York State required proof of SRS to allow a gender change. New York City, however, is treated differently because it still requires proof of SRS to allow a gender change on your birth certificate.

It is my understanding that you have to get the gender on your birth certificate changed in your home state. However, while I was born in New York City, New York State is technically my home state. So now I'm in a real predicament. Am I required to go to New York City and show them proof of SRS after I have the surgery, or can I get the gender on my birth certificate changed in, say, upstate New York where it counts as New York State? What's the deal with gender changes on driver's licenses in NYS and NYC too?

Ughhh god this is so confusing cause I was born in NYC but live in NYS now even though NYC is in NYS. What kind of stupid, specialized law is this!? Is that even LEGAL?

[tgchar21]

It is my understanding regarding law that federal law trumps state, and state trumps city/town/local ordinance. If the State of New York has law indicating you can get your gender changed on your birth certificate without SRS then that is the law of the entire state including in all cities and towns within the state. You should be fine to go ahead and fulfil the requirements under NY law and get your certificate amended.

That depends on whether the new NYS rule is a result of legislative action by the state government or simply a policy change by the NYS Department of Health. If the former then the quoted post would likely be true; if the latter then NYC is not bound to follow suit.

[mrs izzy]

Transgender people born in New York state, with the exception of New York City, will no longer have to prove that they have had sex-reassignment surgery to change the sex marked on their birth certificate, Governor Andrew Cuomo's office said on Thursday.

So you will have to wait for New York city to change or get the SRS

Isabell


http://www.reuters.com/article/2014/06/05/us-usa-transgender-newyork-idUSKBN0EG2FK20140605

[Chic]

Transgender people born in New York state, with the exception of New York City, will no longer have to prove that they have had sex-reassignment surgery to change the sex marked on their birth certificate, Governor Andrew Cuomo's office said on Thursday.

So you will have to wait for New York city to change or get the SRS

Isabell


http://www.reuters.com/article/2014/06/05/us-usa-transgender-newyork-idUSKBN0EG2FK20140605

Is it still possible that I could get my gender changed on my birth certificate before SRS if I do it in upstate New York? Or do I HAVE to do it in my 'home state', New York City? Meaning I literally cannot get my gender changed on the certificate until I get SRS?

[Chic]

To change your birth certificate you have to amend it where you were born as far as I know, which means you are subject to NYC policy here. Unfortunately that means you cannot change it until NYC changes policy or until you have SRS. I'm sorry. That sucks so badly. I first thought it was NY law and that NYC policy then would be irrelevant, but it's not NY law, just a policy that doesn't affect the city. (((((HUGS)))))

That is the most ridiculous thing I've ever heard, how could that happen?

I may not be able to get SRS for a little while after I transition because I won't be able to afford it right away, but I want my gender changed on my birth certificate before then. This really sucks.

Thank you for you help! ((Hugs))

[Chic]

I really hope things change in NYC and work out for you soon. 

I'm not even on hormones yet, and it'll probably be a few years until I can afford SRS anyway, so either way I'll have the gender on my birth certificate changed eventually

Thank you so much!

[mrs izzy]

I found this. Might help some???

Legislation to create a city-issued identification card for illegal immigrants and others could benefit transgender New Yorkers as well, by allowing them to self-identify by gender.

The municipal ID legislation passed by the City Council on Thursday is primarily geared toward helping expand access to city services for the city's estimated 500,000 illegal immigrants. But it extends protections to other marginalized groups as well, including transgender New Yorkers who will be able to obtain a city ID that lists their chosen identity.

City officials said they believe the legislation is the first of its kind in the U.S. Other cities, such as Oakland, Calif., have ID programs that don't require residents to list a gender. In New York, residents can list their gender as they please — man, woman, or something else.

Mayor Bill de Blasio is expected to sign the New York bill into law.

here is the link   http://blogs.wsj.com/metropolis/2014/06/26/municipal-id-bill-also-a-boon-to-transgender-new-yorkers/

Isabell

[Teela Renee]

its got me confused also, that just sounds complicated, im pre-op and I was born in virginia. They require SRS to change your documents unless there is somthing that would cause problems health or legal, then you can get it changed pre-op.      Indiana allowed me to change my gender marker on my Drivers lisence, and at the Social security department. So to save face and stop alot of drama, virginia granted me an exemption and changed my gender marker for me on my birth cert.                     But that nyc and ny stuff. that just sounds so confusing.

[LordKAT]

I don't understand the need for a city ID or  the need to have gender on it.

[tgchar21]

I don't understand the need for a city ID or  the need to have gender on it.

I think the plan is to allow the NYC government to issue their own IDs to those that may not be able to get one from the state government (or in the case of transpeople one that shows the preferred gender). Obtaining a city ID would not be a requirement in any way, and if you have another government-issued one that suffices you don't need to bother.