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

[Lauren5]

Lauren, those particular instructions for California are for general-reason name changes - in most cases they only add an amendment noting the changes. They have a different policy and form for those changing their name for transgender reasons - and there a new certificate is issued and they seal the old one. CA will do that whether or not the court order specifies any changes to be made, but for others reading this bear in mind that states are not bound to recognize an order like the one in Lauren's case from a different state (for the MI forms that's for anyone that was also born in that state or another state that requires the court order to specify a new BC be issued).

I followed the instructions on the CDPH website. Do I have the wrong form?
And the court here told me that California would have to follow the court order, but now, I'm not so sure.

[tgchar21]

And the court here told me that California would have to follow the court order, but now, I'm not so sure.

States are not required to amend a BC to begin with even if a court order from another state says they must (otherwise those born in states that won't change the gender on BCs could get around that by moving to another state if they already don't live in one and getting a court order that says the gender must be changed).

[tgchar21]

I followed the instructions on the CDPH website. Do I have the wrong form?

I found the two separate forms - here's the one you use for transgender-related changes (and here's the one you probably saw for general name changes - if you read each of them you'll notice the differences in how they handle the old BC).

[Eva Marie]

One thing I missed when I was getting my doctor to write letters for my name change is getting him to fill out a DL329 form. That form is required by the California DMV to change the gender on your drivers license.

Hopefully this will help someone avoid the mistake I made.

[Lauren5]

States are not required to amend a BC to begin with even if a court order from another state says they must (otherwise those born in states that won't change the gender on BCs could get around that by moving to another state if they already don't live in one and getting a court order that says the gender must be changed).

Michigan won't grant a legal change of gender without surgery, so I'm not concerned about that. I've only done the name change in Michigan, as doing it in California would require me to move back there for a year before changing my name. The legal gender change is just rolled into the part for California, since I was born there, I need to change the birth certificate with them. The lady at the circuit court desk said the court order would tell California to seal the old one and make a new one, but that conflicts with the form, and what the pamplet says. Note, there's no option to have the one for gender reassignment mailed to you, since it's the same form, it just says "to amend a record" on the title.

I found the two separate forms - here's the one you use for transgender-related changes (and here's the one you probably saw for general name changes - if you read each of them you'll notice the differences in how they handle the old BC).

The second one is VS23, the first is VS24. I have VS24. Note the grey box on the sample form, it conflicts the information in the pamphlet. Also, you can't download them, you must have them mailed to you, which took several weeks to get to me uop in the middle of podunk nowhere UP. I know I got the right one, otherwise why bother with it, since I may find myself back in California in 3 months or so.

[Dee Marshall]

Michigan won't grant a legal change of gender without surgery, so I'm not concerned about that....

I looked into that a bit as I was born in Wayne County. The law was written vaguely and, according to the opinions I saw requires only that you be in "treatment" with a doctor, not specifying what the treatment is. Worth a second look  for you?

[tgchar21]

Lauren, that "grey box" applies to most amendments, but the pamphlet overrides that for gender-change-related reasons (that part of the form is the same general boilerplate as for other kinds of amendments and it appears they didn't re-print a different version). Another case where you'll see that the instructions in the pamphlet take precedence over the general form is where the form says two signatures are required, but the pamphlet clearly says that for gender-change-related amendments you don't need a second signature. (If you're still in doubt feel free to contact them.)

[Lauren5]

I looked into that a bit as I was born in Wayne County. The law was written vaguely and, according to the opinions I saw requires only that you be in "treatment" with a doctor, not specifying what the treatment is. Worth a second look  for you?

Born in Kern County, in California. Michigan can't do anything, they wanted to see a new birth certificate before changing anything.

Lauren, that "grey box" applies to most amendments, but the pamphlet overrides that for gender-change-related reasons (that part of the form is the same general boilerplate as for other kinds of amendments and it appears they didn't re-print a different version). Another case where you'll see that the instructions in the pamphlet take precedence over the general form is where the form says two signatures are required, but the pamphlet clearly says that for gender-change-related amendments you don't need a second signature. (If you're still in doubt feel free to contact them.)

It's terribly confusing. As it seems with anything concerned with legal matters. I don't want to have to pay a lawyer to help me figure it out.
I'd email them if they had an email, but I only saw phone numbers. On top of my voice being horrid over the phone, I have terrible phone anxiety as well. Calling on the phone is rarely an option. I may find myself in California in 3 months or so for a job I'm looking at (that would put me in either New York, San Francisco, or LA) so if something goes wrong I can just go in then.

[riotgrrrl]

An update: After getting my fee waiver denied I went to my court today to make an appeal. It turns out you wait till everyone leaves because it is a private case. Funny how your financial income is considered a private matter but when you change your name and gender you don't get that privacy. Which one can get you killed or abused if disclosed? It sure isn't being poor.The judge was incredibly nice and after I had refilled out the fee waiver in detail. Making sure to show that all my parents income goes  towards basic needs and I have no income he granted my fee waiver! There's no way I could have paid $450! My court date for my official name change is in a few days! I am so excited and he told me that he would allow it to be in private like today's court session was. For anyone considering not going to your court date ask for it to be private. I wasn't originally going to go to court but now I am since you get your court order copies within a few minutes after your case is finished. Now I won't have to wait for them in the mail. I will be able to go to my high school and change my records before it starts and not have to worry about being outed by attendance anymore. I am also going to file a legal gender change now that I know I can have a private court session instead of waiting months for the California Department of Vital Statistics and paying over $50 for their process. I didn't know that with the CDVS your gender may not be recognized in all states even though your birth certificate is changed. As well as it taking months for them to process and send your new birth certificate. Hope everyone is doing well I am so excited to have everything legally changed!

[Autumn]

I filed my name change and my court date is coming up. Am I suppose to get something in the mail saying my waiver was approved or not?

Edit - Just reviewed my copies of the waiver and it looks like the clerk had already approved it.

[judithlynn]

Hi Eva;
Congratulations on filing your papers and coming out at work. I am so happy for you after all your worries.
Thinking of you lots
Hugs
Judith

[riotgrrrl]

I filed my name change and my court date is coming up. Am I suppose to get something in the mail saying my waiver was approved or not?

Edit - Just reviewed my copies of the waiver and it looks like the clerk had already approved it.

Yay Autumn I'm so glad you have your court date coming up I hope it goes great for you! Yes the clerk might have forgot to tell you that a notice comes in the mail saying whether or not it was approved. A judge is the one who looks at them and signs them off as approved or denied. Once they do that a notice gets sent out to you. If your fee waiver were to be denied you have to either pay or provide more information to ther judge in a court session. I had to do that because I didn't know they base it off of your household income. I refilled out the waiver in detail to provide more information for the judge. If you are not employed but in school it helps to put student as your career on the fee waiver if your unemployed.

[Autumn]

Why is it recommended that you change your birth certificate before you change your ID? I saw that all you need is a court order to change your name on your ID and to change the gender you only need to get your physician to sign a document that pretty much says you're living full time. I really want to change my ID as soon as I get my court ordered name change.

[Kristina77]

Why is it recommended that you change your birth certificate before you change your ID? I saw that all you need is a court order to change your name on your ID and to change the gender you only need to get your physician to sign a document that pretty much says you're living full time. I really want to change my ID as soon as I get my court ordered name change.

You don't really I think I might have said that but if I did I was wrong :X You're right, court order + dr's note is all you need Same for social security!  I was really happy to find that out, I'll probably just do everything at about the same time after getting my court order.

[riotgrrrl]

Update: I went to court and my name change was granted I am so happy! When I got out of court I filed my legal gender change.  That day I went to my school to have my records changed. Today was the first day of school and it was so great having my name being called on the attendance for the first time in my life. Since I haven't gotten an ID or Social Security Card yet I am going to apply for a neew birth certificate to obtain those documents.

[flowers]

Hi all,

Is there a resource or guide similar to the step by step Civil Case Cover Sheet instructions on the TLC website for the other documents?
I don't think I have easy access to law advice in my area, hoping there are some foolproof instructions out there for an idiot like me..   

[Autumn]

Got my court ordered name change granted! I ended up having to go to the hearing. Had to inform the judge about AB1121 when he asked why I didn't publish it in the paper. I guess the judge could require it if they find it necessary? He said it didn't matter to him and granted it lol.

[riotgrrrl]

Yay Autumn Im so happy for you I had to inform the judge about AB 1121 too. Flowers: here you go http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california

[Kristina77]

Update: I went to court and my name change was granted I am so happy! When I got out of court I filed my legal gender change.  That day I went to my school to have my records changed. Today was the first day of school and it was so great having my name being called on the attendance for the first time in my life. Since I haven't gotten an ID or Social Security Card yet I am going to apply for a neew birth certificate to obtain those documents.

Congrats!!! OMG I'm so happy for you!!! XD three weeks to for me still I swear that rude clerk gave me the latest court date she could find lol I think i'm going to have to probably inform the judge about AB1121 too though I could get lucky who knows i got my wavier granted after all. 

[Kristina77]

Got my court ordered name change granted! I ended up having to go to the hearing. Had to inform the judge about AB1121 when he asked why I didn't publish it in the paper. I guess the judge could require it if they find it necessary? He said it didn't matter to him and granted it lol.

I don't think the judge can do that Like require it - I'm going to bring the full text of the law i'm praying I get a nice judge.