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California AB 1121 second phase for easier name/gender change ~ in effect yet?

Started by Jennygirl, July 01, 2014, 05:26:15 AM

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riotgrrrl

I want to personally thank all of you for contributing to this topic as I could not find any information anywhere regarding the name change portion that went into effect on July 1st. I have all my name change paperwork ready to go and plan on making copies tomorrow and filing it at the courthouse. I am so glad that we are all able to do this now and that it is at least a little bit of an easier process. I think it would be incredibly helpful to post follow ups of our expirences to let others know what to expect. Also just throwing in my two cents I found it way easier to fill out the forms via pdf document because I could copy and paste repeated information and not worry about perfect handwriting.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

No problem!! :) I plan on going in on Monday afternoon I'll let everyone know how it goes!


  •  

riotgrrrl

Going down to the courthouse today was quite the adventure! Long story short I got everything filed and have a case number and scheduled court date next month to change my name. Luckily there were only two people ahead of me and two clerks were open. This was in Riverside CA. I went to the clerk and gave her my paperwork. She then proceeded to tell me about how I needed to file an ad in the newspaper which I was very surprised to hear. I told her about AB 1121 and she continued to tell me I need to file an ad in the newspaper. Then she told me I will have to appear in court. Which let me down again. She knew NOTHING about AB 1121. I spent about 5 minutes debating with her about how the new law went into effect July 1st and that it exsists.She finally gave in and turned the computer screen to me and told me to show her where to find it on the County Courts website. I was trying to guide her and she just ignored me reading the old gender and name change information over and over quietly to herself. All of the sudden the Transgender Law Center webpage popped up LOL. She read it and then said she was unaware of this information and needed to share it with her supervisor. I waited about 15 minutes and she came back saying she couldn't find a copy of the updated law. She then told me to wait again and when she came back she told me to wait again for another 15 minutes. In the meantime I asked another clerk who wasn't with a customer if she knows where I could find legal documents and she didn't know. I then went over the the lawyer help line and talked to a very helpful lady there who immediately told me she would get me a supervisor. I went  over to the supervisor explained everything and she went over all my paperwork and began stamping it. All of the sudden the original clerk I saw comes out of nowhere after another 20 minutes whispering about how the supervisor told her what I said is correct and gave her the forms. She refereed to me as "he" and "him" which really was the icing on the cake to my irritation but I let it go. I am full time and very passable so I think she was trying to one up me for knowing more than her lol.  The supervisor then told me about how I will receive a letter in the mail regarding whether my fee waiver has been accepted and printed out a page with my court hearing date and case number. I was finally done after about an hour and 30 minutes! It was pretty frustrating and exhausting but worth it now that they know what to do now. I hope my experience that forced them to be on top of the game will help more trans people trying to get on with their lives. My advice is BRING A COPY OF AB 1121 and talk to a supervisor in case you have a incompetent clerk like I did. I understand its a new law but Its not my job to do others jobs! Im just glad I got everything submitted. The gender form is SO MUCH of an easier process. Good luck to everyone and be sure to post updates!
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

Gah, I'm really really sorry you had to through with that :( I really can't stand when people intentionally misgender you just to be mean.  I'm in the same boat full time / passing but I have certain family members that refuse to refer to me by my correct gender & name. I've taken to ignoring them when they address me that way  8)

It says right on the 2nd page of NC-100 (the instructions page) that you don't have to publish in a newspaper for purposes of gender identity.  I'll make sure to printout a copy of the law though as extra firepower!

On the bright side it sounds as if it was pretty empty in there, so that's good! And if you got a hearing date next month it allays my fears that there will be a huge wait.  I'm in Orange County right by you, I can't imagine it would be that much different.  Though the treatment you received might just be the area- I hear that Riverside is a bit more conservative... though the OC is pretty conservative too.


  •  

Jennygirl

Thank you for your account, riotgrrrl!! Surely you have just saved a bunch of us lots of trouble. I appreciate you sharing with us :)
  •  

mrs izzy

As i have had to deal with these things in both the United states and Canada i have found that you have to be smarter then the clerk behind the screen.

You most likely will be the only one they ever have to deal with and they do not know unless its in front of them.

I made copies of everything before i went to deal with any one.

Yes it is hard dealing with people but again your chances of seeing them ever again is slim and none.

Hang in and do not take i do not know for a answer.
Izzy
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
  •  

riotgrrrl

Thank you for all of your kind words everyone :) I am so irked that the NC-100 form says that you do not need to run an ad in the newspaper right on it and I didn't think to look on there. How could the clerk not know that then if she read the documents LOL "rolls eyes" I experience the same and react the same way with family misgendering. I really think the root of misgendering is one actively seeking power and control over another with a dash of self righteousness and "knowing the truth" thrown in. I would say Orange county can be alot more conservative than Riverside but the I.E. can be more ignorant if that makes sense.  Im glad I can help I'm new to Susans and I'm really liking it. I know they will be dealing with other trans people in the Riverside area I know of. I am a very persistent person and if there is a law protecting my rights I will use it to my advantage.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

Quote from: riotgrrrl on July 03, 2014, 08:11:00 PM
Thank you for all of your kind words everyone :) I am so irked that the NC-100 form says that you do not need to run an ad in the newspaper right on it and I didn't think to look on there. How could the clerk not know that then if she read the documents LOL "rolls eyes" I experience the same and react the same way with family misgendering. I really think the root of misgendering is one actively seeking power and control over another with a dash of self righteousness and "knowing the truth" thrown in. I would say Orange county can be alot more conservative than Riverside but the I.E. can be more ignorant if that makes sense.  Im glad I can help I'm new to Susans and I'm really liking it. I know they will be dealing with other trans people in the Riverside area I know of. I am a very persistent person and if there is a law protecting my rights I will use it to my advantage.
Welcome to Susan's!! Well I'm glad ur persistent cuz ur efforts mean the supervisor knows what's up so you've just made it easier for all the ppl who will come after you :)

It's ok it's VERY easy to miss the newspaper reference on the NC-100.  I spent hours and I mean hours going over these forms trying to understand them >_>; legalese is a language I'll never comprehend!  Yeah I'd agree with you on misgendering :( I think we've all been there with family *hugs* You put it perfectly about the OC XD I'm a femme lesbian and my girlfriend is also femme.... it sucks we can't hold hands or kiss w/o homophobic girls staring at us in disgust or some types of guys stopping to watch @_@


  •  

Khalysta

Riotgrrl think of what you did as trailblazing for others in your area :)  It makes the experience a bit more positive ;)

I figured there would be some hiccups and lack of knowledge first week. Things like this are big to us but probably small and infrequent to people working at the courthouse.  That is a good idea to bring copies of the law though.  I just had ffs so I'm waiting on the swelling to go down and have a doctors appointment in a few weeks where I was going to get my endo to sign all the paperwork for this.

It's like we are all a county away since I am in San Diego :)
  •  

riotgrrrl

Thanks Kristina77 and you are right that's why I didn't give up. *hugs back* The forms were incredibly confusing aswell and I used google to type in questions I had. It really bothers me that lesbianism is so sexualized and ostracized in the patriarchal and heteronormative society we live in. The Transgender Law Center has an AB 1121 FAQ heads up to everyone. If it wasn"t for the internet I don't know what I would have done besides hire an attorney which I can't afford. Khalysta I agree with what you said but I didn't expect them to have so 0 knowledge and the supervisor who did should have educated his staff.Congrats on your FFS I hope your healing goes well and quickly! Thank you for the trailblazer comment. To my understanding you need a doctors affidavit from a physician on the NC 210 NC310 form http://www.courts.ca.gov/documents/nc210.pdf saying: 
"I, (physician's
full name), (physician's medical license or certificate number), am a
licensed physician in (jurisdiction). I attest that (name of
petitioner) has undergone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare that the
foregoing is true and correct to the best of my knowledge http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=103001-104000&file=103425-103445 

Here is the states kind of confusing and overly complicated pamphlet to changing your gender on your birth certificatehttp://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-%2801-14%29-MERGED.pdf  I was not sure an endocrinologist is considered a physician but they are maybe I should have my endo sign my form instead of my primary care physician.
 
That is meant to be that we are all so close :)
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Flan

Quote from: riotgrrrl on July 04, 2014, 06:35:22 PM
I was not sure an endocrinologist is considered a physician but they are maybe I should have my endo sign my form instead of my primary care physician.
As long as it's a MD/DO it's gravy (an endo counts as such)
Soft kitty, warm kitty, little ball of fur. Happy kitty, sleepy kitty, purr, purr, purr.
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riotgrrrl

Yay thank you for the info Im trying to keep on my toes so I can help others navigate the system.  :)
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Autumn

This is all so confusing to me still. I wish there was a step by step guide on how to get both my name and gender changed. Is it better to do one then the other or both at the same time?

riotgrrrl

 

How to change your name and gender now that both portions of the AB 1121 Law are into effect:

A court hearing IS required in order to get your name AND gender marker changed at the same time.

You do not need a court hearing to change just your name as long as there are no objections. Although a $435 court fee is still required. Unless you fill out a fee waiver which I did. The clerk at the court house told me I will get a letter in the mail stating whether or not I was approved for financial assistance.

To avoid having to go to a court hearing I am changing them separately.
   Part one: Name Change
1.) File a name change WITHOUT gender change.
Use form NC-100
http://www.courts.ca.gov/documents/nc100.pdf
Make sure to check box 6 that you're changing your name to conform with gender identity.

Make sure to fill out all the attached forms (cover letter, fee waiver, etc.)  You can get those here and fill them out and print them on the computer:
http://www.courts.ca.gov/formnumber.htm   http://www.courts.ca.gov/documents/nc100.pdf  http://www.courts.ca.gov/documents/nc110.pdf http://www.courts.ca.gov/documents/nc110g.pdf (ONLY FILL  110 G IF UNDER 18) http://www.courts.ca.gov/documents/nc120.pdf http://www.courts.ca.gov/documents/nc121.pdf http://www.courts.ca.gov/documents/nc130.pdf http://www.courts.ca.gov/documents/nc130g.pdf (ONLY FILL  130 G IF UNDER 18)
Make sure to check box 6 as this makes you exempt from the Court hearing appearance ( Although you still get a court hearing date) and publication in a newspaper.

Look online to see what courthouse in your county you go to in order to file Civil Cases, that is what a name and gender change falls under. Make sure to bring a copy of the AB 1121 law: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121 In-case you run into any issues like I did, and have to educate staff, If all fails request a supervisor which is what I had to do.

Here are the fee waiver forms: http://www.courts.ca.gov/documents/fw003.pdf  http://www.courts.ca.gov/documents/fw005.pdf


IMPORTANT NOTE FOR RIVERSIDE COUNTY RESIDENTS:
You have to go down to the Riverside County courthouse because they are the ones who do name changes.  Make sure to bring a copy of the law because no one knew what they were doing. I had to request the supervisor be notified but you shouldn't have a problem since they should know what to do after I made it an issue and the supervisor helped me by telling them the law. Here's the law text: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121

  Part two: Gender Change
2.) Once awarded the court order for name change, then file the form to change birth certificate and gender to the department of vital statistics.  You have to request the form on their website, then mail in that form with your court issued copies of the decree to change your name and
you need a doctors affidavit from a physician as-well on the NC 210 NC310 form http://www.courts.ca.gov/documents/nc210.pdf saying: 
"I, (physician's
full name), (physician's medical license or certificate number), am a
licensed physician in (jurisdiction). I attest that (name of
petitioner) has undergone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare that the
foregoing is true and correct to the best of my knowledge http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=103001-104000&file=103425-103445

Here is the states kind of confusing and overly complicated pamphlet to changing your name and gender on your birth certificate http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-%2801-14%29-MERGED.pdf 
   
P.S.  I hope everyone is successful best wishes and regards -Brenda  :) and I would like to thank the members on Susans.org who created a forum about this which gave me the information I needed to start this whole process when I couldn't find it anywhere! I restated others words and also added me own and changed them. This is by no means a comprehensive guide but it was created to the best of my knowledge. If anyone has anything to add please do so. I take no responsibility for the 100% accuracy of this guide.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Autumn

Quote from: riotgrrrl on July 07, 2014, 05:56:25 AM
 

How to change your name and gender now that both portions of the AB 1121 Law are into effect:

A court hearing IS required in order to get your name AND gender marker changed at the same time.

You do not need a court hearing to change just your name as long as there are no objections. Although a $435 court fee is still required. Unless you fill out a fee waiver which I did. The clerk at the court house told me I will get a letter in the mail stating whether or not I was approved for financial assistance.

To avoid having to go to a court hearing I am changing them separately.
   Part one: Name Change
1.) File a name change WITHOUT gender change.
Use form NC-100
http://www.courts.ca.gov/documents/nc100.pdf
Make sure to check box 6 that you're changing your name to conform with gender identity.

Make sure to fill out all the attached forms (cover letter, fee waiver, etc.)  You can get those here and fill them out and print them on the computer:
http://www.courts.ca.gov/formnumber.htm   http://www.courts.ca.gov/documents/nc100.pdf  http://www.courts.ca.gov/documents/nc110.pdf http://www.courts.ca.gov/documents/nc110g.pdf (ONLY FILL  110 G IF UNDER 18) http://www.courts.ca.gov/documents/nc120.pdf http://www.courts.ca.gov/documents/nc121.pdf http://www.courts.ca.gov/documents/nc130.pdf http://www.courts.ca.gov/documents/nc130g.pdf (ONLY FILL  130 G IF UNDER 18)
Make sure to check box 6 as this makes you exempt from the Court hearing appearance ( Although you still get a court hearing date) and publication in a newspaper.

Look online to see what courthouse in your county you go to in order to file Civil Cases, that is what a name and gender change falls under. Make sure to bring a copy of the AB 1121 law: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121 In-case you run into any issues like I did, and have to educate staff, If all fails request a supervisor which is what I had to do.

Here are the fee waiver forms: http://www.courts.ca.gov/documents/fw003.pdf  http://www.courts.ca.gov/documents/fw005.pdf


IMPORTANT NOTE FOR RIVERSIDE COUNTY RESIDENTS:
You have to go down to the Riverside County courthouse because they are the ones who do name changes.  Make sure to bring a copy of the law because no one knew what they were doing. I had to request the supervisor be notified but you shouldn't have a problem since they should know what to do after I made it an issue and the supervisor helped me by telling them the law. Here's the law text: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121

  Part two: Gender Change
2.) Once awarded the court order for name change, then file the form to change birth certificate and gender to the department of vital statistics.  You have to request the form on their website, then mail in that form with your court issued copies of the decree to change your name and
you need a doctors affidavit from a physician as-well on the NC 210 NC310 form http://www.courts.ca.gov/documents/nc210.pdf saying: 
"I, (physician's
full name), (physician's medical license or certificate number), am a
licensed physician in (jurisdiction). I attest that (name of
petitioner) has undergone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare that the
foregoing is true and correct to the best of my knowledge http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=103001-104000&file=103425-103445

Here is the states kind of confusing and overly complicated pamphlet to changing your name and gender on your birth certificate http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-%2801-14%29-MERGED.pdf 
   
P.S.  I hope everyone is successful best wishes and regards -Brenda  :) and I would like to thank the members on Susans.org who created a forum about this which gave me the information I needed to start this whole process when I couldn't find it anywhere! I restated others words and also added me own and changed them. This is by no means a comprehensive guide but it was created to the best of my knowledge. If anyone has anything to add please do so. I take no responsibility for the 100% accuracy of this guide.
OMG thank you so much! This was seriously making me cry out of frustration.

Kristina77

Quote from: riotgrrrl on July 04, 2014, 06:35:22 PM
Thanks Kristina77 and you are right that's why I didn't give up. *hugs back* The forms were incredibly confusing aswell and I used google to type in questions I had. It really bothers me that lesbianism is so sexualized and ostracized in the patriarchal and heteronormative society we live in.
That is meant to be that we are all so close :)

I know, those forms ugh O.o Yeah it really does suck I think you hit the nail right on the head though with the reasons why lesbians (especially femme/'lipstick') ones treated the way they are.  I've thought for a long time how to sum it up in 1 sentence and u did that perfectly XD It is awesome we're all so close I'd be great to meetup at some point down the road :3

Looks like I'll be going on the 15th next week now instead, since stuff came up in life.  Again if anyone in Susan's hasn't been to the OC courthouse in Orange already I'll write something up about my experience!


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riotgrrrl

Your welcome Autumn :) I was also extremely frustrated as well and I'm doing this so others won't be. You can fill out the forms online through Adobe Reader and type in the information it's way easier and faster than using pen. I was having a little bit of anxiety when I tried to fill out the printed out forms because I wanted them to be perfect and I kept messing up :(.  Thanks Kristina I'm a feminist so I have my own set of political theories on why women are treated the way we are. A meetup would be pretty cool I need to meet more women like me. Good luck at the courthouse! Be sure to post your experience so you can let someone in the OC know what it's like. :)
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

WOW HOLY CRAP what a time I just had at the OC courthouse!  >:(

(WARNING: LONG)


Ok.... so basically the lady at the counter greeted me with a smile and was very friendly... until she saw what I wanted.  She then proceeded to treat me pretty rudely & insist that I need the newspaper publication in order to file.  I told her that I didn't, showed where it said that on the back on the forms, and she still refused to take my papers.  I asked for a supervisor.

While I was waiting, I noticed this clerk's cubicle space was lined with fundamentalist Christian stuff, (if you've lived in the OC for awhile Harvest Crusade should raise some red flags).  Then the supervisor comes forward and begins to argue with me and tell me I'm wrong!!! I show her the paper, and a copy of the law I pulled up on my phone, and she wouldn't even so much as look at them! The SUPERVISOR!  Ugh I am so angry still right now.

I told them I wasn't leaving until I had a court date, and the supervisor pulled the clerk aside and starting the whispering game.  They didn't refer to me as 'he' thank God but 'they' is still pretty spiteful, especially considering I pass 100% of the time.  And especially when I'd been getting addressed as 'she' and 'ma'am' the whole afternoon at the courthouse by others (including a guy who opened the front door for me with a wink). 

They finally let me file my papers and said 'well the judge won't grant it your name change without the newspaper publication if you're wrong.' To which I replied 'well I'm sure the judge will know the laws better than you, I'm not worried.'  Then the supervisor left and the clerk STILL refused to take my papers saying I needed photocopies.  She then told me I could get copies on the 3rd floor (we were presently on the first floor). I asked her if the copy machine was a pay one, i.e. would I need money, and she said 'no, not the one on the third floor.'

Keep in mind at this point it's about 3:30 and they would close the doors to file court hearings at 4:00.  I run up to the third floor and huzzah!! The thing is a pay copier after all!  So I run back down to my car, grab some cash and run back up, make copies and run back down.

Then I go back to the clerk's window and she tells me I have to wait in line AGAIN.  I do that and eventually right before 4:00 like at 3:50 she takes my papers and gives me a hearing date (all the way in mid September -_-;) It really feels like she was trying to delay me, though a got in a conversation with a nice lady in line who made me feel better.  She was really sweet, had no idea that I was trans or what I was there for but was really comforting to me  :)  She just said 'It's ok honey we all hate being here, you'll be done soon.' lol

For anyone going to the courthouse in the OC you have to keep fighting!! Make them take your papers and get a court date!  Don't back down because even the Supervisor doesn't know the law! 

I'm on such an adrenline rush right now... I plan on bringing a full copy of AB1121 to the courthouse at my hearing if I have to go (I probably will go anyway, just to be sure knowing these people -_-;) I plan on contacting the transgender law center as well to see if perhaps I'll need legal representation because I do not want this junk repeated in September when I go before the judge.

All in all cannot wait to get the hell out of the OC, too many conservatives and christians down here  :(


  •  

Jennygirl

Wow this just sounds so crazy. I am not looking forward to this.

Thanks for your account. I am going to be super mega loaded on the law printouts and explanations. Also I think I'm going to try for the soft & gentle approach. Hopefully being in the downtown LA court will help, too.

But yeah, I think it's just a general rule of thumb that court clerks are angry at everyone. Same goes for the people who work at the DMV. It's not impossible to get a nice person, but holy sh!t is it rare.
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Kristina77

Quote from: Jennygirl on July 09, 2014, 11:02:31 PM
Wow this just sounds so crazy. I am not looking forward to this.

Thanks for your account. I am going to be super mega loaded on the law printouts and explanations. Also I think I'm going to try for the soft & gentle approach. Hopefully being in the downtown LA court will help, too.

But yeah, I think it's just a general rule of thumb that court clerks are angry at everyone. Same goes for the people who work at the DMV. It's not impossible to get a nice person, but holy sh!t is it rare.

Good luck!!! :) I think you'll be fine LA tends to be more liberal than the OC.  It was nearing the end of the day so that could be why they didn't want to look at the paperwork I had explaining the law, but at least they took my papers.  Still... I'm not going to rest easy until I have that judge's signature in my hand


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