Legal Question on changing gender markers

[Polo]

I currently live in Texas, where it is kind of a pain to change gender markers, and I've been advised by my therapist to seek an attorney (which is expensive for my current means but offers a single time fee to change driver's license, passport, and social security)

However, I was born in California, where it is relatively easy nowadays to change anything including your birth certificate. I will be visiting family in California in a couple of days which got me thinking: Would it be worth considering changing my birth certificate first, followed by passport and social security to match before pursuing the more difficult Texas drivers license, or should I just wait to save up and hand it over to the legal expert?

I can't seem to find any information for multi-state gender changes so any input would be welcome, thank you!

[JoanneB]

I think you are doing things out of order. First on the list should be a name change. Otherwise why bother changing a gender marker that like no one is really going to look at? You passport is the easiest to change the gender marker on. All you need is documentation of taking "irreversible steps" or something like that which, even electrolysis seems to count. I can easily have mine changed, I've been HRT for a long time now. But why when the name is still the old one?

Birth certificates only get changed by the state you are born in. So that must be done in CA. D/L gender depends on your state. Some make it almost impossible without GRS, others, no prob. SS rules I suspect sort of are the same as the other federal agency, The State Department's. But then, the conflict with the actual legal name will haunt you and totally open a Can-O-Worms with insurance companies and likely credit companies as well as perhaps employment & housing. When a records check is run the incongruity may/will be noted.

A state or county level TG organization is best to get what is really needed. I assume you aren't involved with any sort of 'Local' TG support group to find out what other member's experiences were. Or contact the legal department of some big cities, like Austin, gender clinic/organization. They know the ropes when it comes to dealing with the state as well as the feds. Also check out Lambda Legal. They may have a brief outline of the state requirements for name changes and D/L.

[tgchar21]

Have you done your name change yet? If not then you should do that first before even thinking about the gender marker like Joanne said.

[Polo]

I guess I'm kind of a special (and lucky) case, because I was given a male name by my parents, and my middle name is ambiguous enough I don't have to change it. My name change would consist of changing a single letter in my middle name if I did it at all... Which is why I'm more focused on the gender marker.

[JustASeq]

I guess I'm kind of a special (and lucky) case, because I was given a male name by my parents, and my middle name is ambiguous enough I don't have to change it. My name change would consist of changing a single letter in my middle name if I did it at all... Which is why I'm more focused on the gender marker.

If your Drivers License or ID was issued in CA you can change your gender using one form (dl 329) without a court order. To get it "legally" changed, you must file a petition to the court (can do at the same time as name). I just got my new ID with an F on it 2 days ago!

Regarding the name, I had to go to court in CA to get that done. Personally, it was my first step, even before seeking HRT. It cost me 480$ to petition the court here, 40$ to place ads in the paper for 4 weeks (this part doesn't need to be done anymore) and then 25$ for the certified copy of the "Order to Change Name".

If you can do both at once it would probably be helpful. I am working on getting the petition to change gender in so I can send the order to Virginia (my birth state) to have them change my birth certificate....

Since everyone's situation is different I'm sure the steps may differ for you, but I hope that some of this info is helpful.
Good luck!

[JoanneB]

If your Drivers License or ID was issued in CA you can change your gender using one form (dl 329) without a court order. To get it "legally" changed, you must file a petition to the court (can do at the same time as name). I just got my new ID with an F on it 2 days ago!

Regarding the name, I had to go to court in CA to get that done. Personally, it was my first step, even before seeking HRT. It cost me 480$ to petition the court here, 40$ to place ads in the paper for 4 weeks (this part doesn't need to be done anymore) and then 25$ for the certified copy of the "Order to Change Name".

If you can do both at once it would probably be helpful. I am working on getting the petition to change gender in so I can send the order to Virginia (my birth state) to have them change my birth certificate....

Since everyone's situation is different I'm sure the steps may differ for you, but I hope that some of this info is helpful.
Good luck!

One of my group members was born in Virginia. Changing the B/C is possible but requires GRS

From Lambda Legal:
Virginia

Statute: Va. Code Ann. § 32.1-269(E) (2006).

Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.

Administrative Code: 12 Va. Admin. Code § 5-550-320 (2006).

12 VAC 5-550-320. Change of Sex. Except as provided in subdivision 3 of 12 VAC 5-550-450 [concerning intersex conditions], upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.

[JustASeq]

One of my group members was born in Virginia. Changing the B/C is possible but requires GRS

From Lambda Legal:
Virginia

Statute: Va. Code Ann. § 32.1-269(E) (2006).

Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.

Administrative Code: 12 Va. Admin. Code § 5-550-320 (2006).

12 VAC 5-550-320. Change of Sex. Except as provided in subdivision 3 of 12 VAC 5-550-450 [concerning intersex conditions], upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.

I'm going to try... I think I found a loophole since I will be going to court in San Francisco.

§ 32.1-269. Amending vital records; change of name; acknowledgment of paternity; change of sex.

E. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.


I have also called dept of vital records to confirm. Basically I need to send the order from here (San Francisco) along with everything else (evidence presented in SF court) and then they will do it there... According to my therapist this should be able to be done in California WITHOUT surgery. SRS is still a goal of mine.

[Polo]

Thanks for the responses I'm just contemplating my options. There is pro bono legal advice I can access in my current town in Texas, but they aren't versed in transgender legal procedures and can't/won't go to court for free/less. The town I'm in does not have a great legal history with transgender changes either, as in you have to know who is sympathetic and who is not and select the sympathetic ones or you risk being denied a court order.

Joanne, thank you for the detailed response. The TG groups here are small and not very active, and the tg people I've spoken to all paid attorneys to do it all at once, hovering around $800+. I'm currently in grad school full time so I'm not making much money with my part time job, so the less I have to save the sooner I can make a change... I did look up lambda legal and will start exploring Austin's options, they're not very far away from me.

I'm curious about jurisdiction in this instance: The Texas DMV states that they need "an original certified court order", but don't specify anything beyond that... could I get a court order in California to cover most (or ideally all) of the ID changes, or do I need one from Texas for all but the birth certificate since that's my current state of residence? The Texas DMV states that they need "an original certified court order", but don't specify anything beyond that...

[Mariah]

How long have you lived in Texas? Because answer to that question will make a big difference for everything as far as stated related ID's except the birth Certificate. As it is you only have so long to Change ID/ Drivers License in the first place after moving, but even then I believe you need to be resident of where you are living for a certain amount time so you might still be able to have California due it. Your name change should definitely be first.
Mariah

Thanks for the responses I'm just contemplating my options. There is pro bono legal advice I can access in my current town in Texas, but they aren't versed in transgender legal procedures and can't/won't go to court for free/less. The town I'm in does not have a great legal history with transgender changes either, as in you have to know who is sympathetic and who is not and select the sympathetic ones or you risk being denied a court order.

Joanne, thank you for the detailed response. The TG groups here are small and not very active, and the tg people I've spoken to all paid attorneys to do it all at once, hovering around $800+. I'm currently in grad school full time so I'm not making much money with my part time job, so the less I have to save the sooner I can make a change... I did look up lambda legal and will start exploring Austin's options, they're not very far away from me.

I'm curious about jurisdiction in this instance: The Texas DMV states that they need "an original certified court order", but don't specify anything beyond that... could I get a court order in California to cover most (or ideally all) of the ID changes, or do I need one from Texas for all but the birth certificate since that's my current state of residence? The Texas DMV states that they need "an original certified court order", but don't specify anything beyond that...

[Jessika]

What if I was born in a different country, yet I was naturalized as a US Citizen in the US?

[tgchar21]

What if I was born in a different country, yet I was naturalized as a US Citizen in the US?

Follow what I said about naturalized US citizens.