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Legal Changes . . .

Started by gina_taylor, January 23, 2006, 09:47:33 AM

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gina_taylor

My boyfriend asked me a "loaded question" about legally changing my name, and I told him the best I could about it. Later, I went and read in TRUE SELVES (pg 130-132)  and I was thinking  that I've been successful in using the common usage way for the last five years, and  the only things that I'd have to have changed if I were to go legal are my driver's license and my social security cad. Now if I were to walk into an employer, fill out an application for employment, should I tell the employer then that the driver's license and the social security number is of a male gender, and that I am a transsexual?

Gina
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Terri-Gene

well, if you have a male drivers license and SSA and you throw them on the employers desk isn't that going to be a clue of some kind if you appy for work as a female Gina?

It's a simple proceedure to change the gender and name on your drivers license, all you have to do is have the proper paperwork and forms filled out by your qualified therapyst and take them down to your DMV and they will issue you a new drivers license with you female name, picture and gender marker.  There is no sweat to this whatsoever and is one of the most needed requirements for full time living.  They do confiscate you old male license though and it won't be valid anymore since you are now known by the new name and gender.

Ever state has a slightly different proceedure.  When mine was done here in California, it took less then 10 minutes, I was not charged a dime for the new license and the most complicated part was getting straight the code to make the computer accept the transaction without payment.  I had thought there would be a charge, but the supervisor told the clerk not to charge me.

the process is simple.  You just need a therapyst to sign off on you and confirm you are indead Transsexual.  The proceedure is as follows:

DEPARTMENT OF MOTOR VEHICLES

FIRST:  Secure a copy of DMV Form DL 328, Change of Name and
   Gender.  This is a one-page form that will require both
   your input as well as input by a licensed California
   Physician.  Generally, this will be your psychiatrist,
   endocrinologist, or general practitioner.

SECOND: Return to DMV with the form.  Upon payment of the $12
   fee, a Temporary License will be issued in your new
   name and gender.  A DMV Supervisor will sign the form.
   We recommend you ask for a copy for your records.

Even though you have a Temporary License at this point, your
Permanent License will not be issued until your name on the
DMV and Social Security records match and are verified by
computer run.  The sex flag is no longer compared.

SOCIAL SECURITY ADMINISTRATION

THIRD:  As soon as reasonably possible, go to a Social Security
   office to change your name, and optionally, your sex on
   its records.

   You will need your old Social Security card, proof of
   your old identity, your temporary drivers license, and
   proof of your new identity.  If you question the
   sufficiency of the proof of your new identity, bring
   anything you might have, such as invoices from a health
   care provider, letters and envelopes addressed to you,
   or receipts.

Social Security has informed DMV that it realizes proof of new
identity can be difficult for newly transitioning transsexuals.
Ideally, a school identification card in the new name, a payroll
stub, or other similar documents will be adequate.  However,
Social Security has assured DMV that they will be most liberal
in the documentation they will accept.  Therefore, look for
anything you might have.  Examples include a doctor's invoice,
letter or even mail addressed to you (bring the envelope), or
identification cards from your school or insurance company.

THE PLAN

If the Social Security changes are made quickly enough, the
automatic comparison between DMV and Social Security should
generate a "match." The Permanent License will then be issued
in a few weeks.


All of the above is the California proceedure.  Other states will handle it in a simular by likely slightly different manner.  Notice there is supposed to be a $12 charge for the change.  I was not charged for mine, but then I'm such a sweet little girl.

Keep in mind that the above was written 5 or 6 years ago but all the hitches and catches have been worked out.  My license was changed a few years ago and like I said, it was a simple matter which resembled filling out the paperwork for a new license and going to the SSA office to change my name on my SSA account also so that the name would match that I had placed on my drivers license.  To anyone requireing legal state Identification as to my identity my license shows my name, gender and residentual information in a perfectly legal and correct form for who I am today.

This is not the same as a court ordered change, but it provides all the female identification you need almost anywhere, anyplace for most legal business public or private that generally needs you to identify youself.

Terri
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Leigh

DMV will not change a DL without a court order and neither will the SSA.

The SSA will not change the gender until surgery has been done and most states DMV will not either.

If the gender you put on paper work for your employer does not match the SSA records they will notify the company.

It seems to me that you want the identification without having to actually complete anything.

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Terri-Gene

Right on the full legal court change of name and gender Leigh, but DMV will change the info on the license visable to the public with the proper theraputic input.  It is not the same as doing it with a birth certificate change and court order to correct all records the new license will be referenced back to your original DL which is not viewable to the public eye, but the original DL will remain in record to substantiate the new record until by court order the original is changed in and of itself.

And no, the SSA doesn't change gender for you unless you have documented SRS, but it will change the name for you and gender doesn't show on a SSA card.

Give her the full story Leigh, just for public identification all she needs is a psychological confirmation of gender status prior to having SRS and being able to correct birth certificate by court order.

Terri
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Annie Social

Keep in mind that this varies a lot from state to state. Here in Florida, having the gender marker changed on one's driver's license can only be done with a signed letter from a doctor stating that you have had some sort of sex change surgery. Interestingly, it seems that an orchiectomy may satisfy this requirement; I'm looking for more information on that now.
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DawnL

The Wisconsin DMV has a requirement that you must present a letter from an MD saying you are on a course leading to GRS, so surgery is not required.  I know of several transwomen who have gotten their gender marker changed with just a carry letter!  So it depends who waits on you at the DMV I guess.

Dawn
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Leigh

SSA >> http://policy.ssa.gov/poms.nsf/lnx/0100203210

B. Procedure – Evidence of a Legal Name Change
When an applicant requests an SSN card in a name different from the name on the latest Numident record, ask the person to submit one of the following documents as evidence of the legal name change:
•   • Marriage document or marriage record 
•   • Divorce decree specifically stating that the applicant may change his/her name 
•   • Certificate of Naturalization showing a new 
•   • Court order for a name change 
•   • Amended/Corrected birth certificate and the father's copy of the Acknowledgement of Paternity form or court 

Passport 

Customers who have undergone, or are in the process of undergoing, a gender reassignment can have passports issued to reflect their new gender.

These customers must submit:

1.  Evidence of Citizenship
2.  Evidence of identity
3.  Photographs which reflect a good likeness of their current appearance
4.  Fees
5.  Medical documentation that they have either undergone gender reassignment surgery or that they are preoperative transsexual and will soon have the surgery.  The medical
documentation for a post-operative transsexual should be from the surgeon or hospital that performed the surgery.  Preoperative transsexuals should provide a detailed statement from their medical (not psychological) physician which outlines their treatment

Every state has different rules.

Oregon will allow a gender marker change on a DL with a letter from a limited list of therapists.

I did the SSA prior to 911 and was not required to have surgery to change the gender marker. 

On drivers licenses be aware that many states also have an AKA that can be accessed by police officers if they inquire.

Dawn if you are from Wisconsin.

http://www.dot.wisconsin.gov/news/news/2005general/opa-dmvssolv96.htm



WISCONSIN  Wis. Stat. § 69.15

Wisconsin will change both name and sex, and will issue a new birth certificate. NOTE: You must check the box on the application form to "IMPOUND" the original. This causes the original certificate to be closed to further inspection.

Documents Needed:

An original letter from your SRS surgeon should include your name, date of birth, date of surgery, type of surgery i.e.male-to-female.

An original or certified copy of the court order for your name change.

Take these to your local clerk of courts and explain what you need done. It takes 2-4 weeks for processing.

Note : Report of Order to Change Name & Sex on Birth Certificate Due to Surgical Sex-Change Procedure (Form DOH 5035) will need to be filled out and filed.  Court cost should be considered as well as legal documentation.  See Wisconsin Statutes: http://folio.legis.state.wi.us

State Registrar and Chief

John Kiesow

Division of Health Care Financing

1 West Wilson Street

Madison, WI 53702

(608) 266-0997    FAX (608) 264-4972   E-mail: kiesoja@dhfs.state.wi.us

DMV  Wisonsin's DMV web page only says:  "...truly changed gender (requiring proof by court order or physician's report)"



QUESTION:

Compliance with SSOLV will help in combating fraud and identity theft

Administration (SSA) record will be handled with the implementation of  SSOLV.



The SSA record match compares the name, date of birth, social security number and gender, with the driver license record and identifies any  driver with a record that does not match the SSA name, date of birth, social security number and gender exactly. Only about 2% of the WisDOT records have any type of discrepancy as a result of the match with SSA records.



Wisconsin has always required an affidavit or statement that the driver is enrolled in a program leading to gender change, or has completed the surgery prior to changing the gender designation on the driver license.  The statement must be from a medical doctor or director of a facility specializing in gender change. This requirement is not new and will not change with the implementation of the Social Security Online Verification system (SSOLV). Drivers who provide appropriate physician documentation will be allowed to change the gender designation on their driver license one time. This will allow the driver time to complete the procedure and obtain a new Social Security Card. The WisDOT record will be notated and no future driver license will be issued until the SSA record is updated to reflect the new gender designation.



Wisconsin has never allowed a person to change his/her gender designation on the driver license until the applicant is enrolled in a gender change program or has completed the gender change surgery. All drivers must designate their physical birth gender on the application, to obtain a driver license.  The gender designation can be changed only if the driver provides physician documentation that he/she is enrolled in a gender change program or has completed the surgery.



The driver license must designate the physical gender of the driver, while the photo may reflect the appearance of a different gender. Although it may be inconvenient for a driver, if the physical gender and photo on the driver license do not match, it does not impact the driver's ability to obtain a driver license or to use that driver license for identification purposes.



Implementation of SSOLV did result in WisDOT changing its name change policy. Effective July 5, 2005, documentation (such as court order, marriage certificate, divorce decree, etc.) will be required to change the name on the driver license. When there is a name change, drivers need to:

1)  take the appropriate documents to the SSA to record the new name and

2) bring appropriate documentation of the name change and new social security card to DMV for a driver license in the new name. For more information regarding SSA acceptable proof of identify documents or SSA locations see the SSA web site at:  www.social security.gov. The SSA name change form can be obtained at http://social security.gov/online/ss-5.html.  Complete information on WisDOT acceptable proof of name change and date of birth documents can be obtained at:

http://www.dot.wisconsin.gov/drivers/drivers/apply/doc/proof-dob.htm.

Although SSOLV and the new name change policy will result in some inconvenience for Wisconsin applicants, it will result in a safer environment and help prevent identify theft.

Feel free to contact me if you have additional questions.

Sincerely,   Karen Schwartz, Chief   Qualifications and Issuance Section



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Sara

Leigh, I have just downloaded Australias legislation for changing your markers on documents such as Drivers License, Birth Certificates etc and it says nothing about having to have SRS/GRS, only that you have to have affirmation of your transition to your new gender (ie) a BO would qualify you for the changes as long as you had the Endo's letter and yourTherapist's to verify that you no longer had the hormones of a male and were transitioning to a female.

They (births deaths and marraiges) tried to tell me that you had to have the full surgery before they would change anything. They make me so mad.

My wife has agreed to divorce me which will allow me to change the documents without a problem which I love her dearly for and I also found out that I can register with the UK register for same sex marraiges as my partner is a UK Citizen. It just wont be recognized in Australia.

Sara.
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stephanie_craxford

Hey Sara can you send me a copy of it so that it can be included in the Wiki?

Steph
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Sheila

I got my drivers license changed before I had surgery and I only had my name change document. This is in Oregon. I went down the same day and got my social secruity card changed too. They told me that they don't use gender. I told them what ever, I just needed it all to change to match who I am. She said no problem. When I went to Thialand I had to have a passport. I got one for who I am, female. I even had my birth certificate with me that said I was born male. They sent it off to Seattle and it came back on the same day as my wifes with the gender marked female and it was for 10 years. Now, all I did there was give the man my picture and showed him my drivers license and then gave him my birth certificate and a check for the whole thing and 5 weeks later a passport. I have changed everything except my birth certificate. I hardly use that so why bother.
Sheila
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Sara

Sheila, that is great you were able to do all of that. I want my birth certificate changed because that means that they wipe anything to do with your previous gender and name and it's like you never existed as a male before. The only thing they have to do is reveal to the minister how many alterations were made that year (not reveal anything about who changed it). I need a fresh start.

I sent those documents to you Stephanie via your personal email.


Sara.
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stephanie_craxford


Quote from: SaraI sent those documents to you Stephanie via your personal email

Thanks a bunch

Steph
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gina_taylor

I was just at the DMV yesterday and I noticed that in order to change my name I'd have to produce a court order. Right now my biggest problem is is that I'm not a resident of the USA, so it can cause some problems in providing certain documents that are required in order to get things done. So I may have to put it off until I can get things done legally.  :( The last thing I want or need is to be deported just because I want to legally change my name.  ;D

Gina
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Kimberly

Hrm, not going to ask about that one.

But still, I wonder if it would be possible to get entered into the US system as female in the first place. My guess is probably not, but stranger things have happened.
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gina_taylor

That's right Melissa. I've been living here since 1992, and the first step is to get your residence then five years later I can apply for my citizenship which would legally make me an American citizen. But I don't think that I can just come in as a female. Too much red tape. My boyfriend is checking things out for me. He's a little concerned about things. He tells me  that he knows of people that have come into the US  and have gotten their residence and five years later have gotten their citizenship. He's concerned on why it's taken 15 years for me. His only complaint is that when my parents got their residence, why wasn't it a family thing instead of a parent thing.

What's on your mind Kimberly???


Gina
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Kimberly

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Shelley

My first thought was why would you want to be with Bush and all....... then no even in jest that will probably result in less than favourable reviews :). Just kidding everyone.

Out of curiousity Gina where are you from originally.

Shelley
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gina_taylor

Shelley, I'm originally from Burlington, Ontario Canada. As I've said, I've lived here for fifteen years and right now as long as I keep myself away from anything illegal than I won't get deported. But I do understand about what Bush is doing with all those illegal immigrants. My boyfriend feels that I should have gotten my residence by now and at least gotten my citizenship. He's just a little surprised that our immigration specialist didn't take us all on as a  family plan. But with the way things are going, I should have my residence by the end of next year. Then I have to wait  five years before I can get my citizenship.  :(


I'm really sorry Kimberly for putting you in a spot. But when you had said: "Hrm, not going to ask about that one." I thought that there was something on your mind.

Gina
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Kimberly

You didn't.
As I said, I'm not going to ask.

(=
P.s. There is never a need for sorrow.
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Dennis

Well, one plus, Gina. If you were born in Ontario, you can change birth certificate and your other Canadian ID.

I think it'd be tricky getting an American green card though, even after all the time you've spent there. You might want to consult with an immigration specialist about that.

Dennis
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