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When can I legally change my gender?

Started by Britney♥Bieber, September 03, 2010, 11:29:05 PM

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Britney♥Bieber

I live in California, and I'm curious when I can change my gender. My therapist gave me a list of TG laws in California, and it says you can change your name and gender on your license without doing any surgery or hormones, but will I be legally female if I do that or do I need SRS to be legally female? I really hope not, if I'm living as a female and my name is changed to Kimberly, I should be able to change my gender, but I'm curious about the laws. I couldn't find anything on google, so if anyone knows anything please let me know! Thanks in advance <3

Nero

I think you have to change your gender with Social Security to be completely legal.
Nero was the Forum Admin here at Susan's Place for several years up to the time of his death.
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Britney♥Bieber

Do I need srs to do that? Lemme go look at the list of laws!!

Janet_Girl

Birth certificate should be changed.  And the SSA has rules regarding changing your gender.  You have to have "Irreversible genital surgery".  The boys just have to have top surgery and us girls just need an Orchie.  But the surgeon letter has to say those words.  Otherwise you aren't really legally female.
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Britney♥Bieber

Damn :( It's gonna be a while before I can get any surgery and it really bothers me going around as a girl listed as male. I'm just kinda scared I guess. =/

Janet_Girl

well if you are think about the work situation, you will just have to out yourself.   But do the name and gender change on the license and then change the name with the SSA.
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Britney♥Bieber

Well right now I'm michael and a boy and that's what I look like so I'm not worried yet. But I'm just scared people won't hire a trans person. :( And I'm just scared of the wrong person finding out. I guess it'll always be that way. =/

Janet_Girl

You can't just go back into a box.

When I went full time, I came out at work.  Yes I worked there as a guy before, but I changed the license and the name.  They changed my records there even though the SSA said there was a mismatch on the gender.  They just ignored it.
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Britney♥Bieber

Well when I get a job I'm going to be out, I'm just worried it'll hurt my chances at getting a job.

Natasha

SSA policy:

QuoteCorrection/Change: SEX
   

Supporting:
   

Sex-Change Operation: The surgeon or attending physician must provide a letter verifying the sex change surgery has been completed. All documents must clearly identify the NH.

IMPORTANT: Numident sex data is used for identification purposes only. Do not use the sex data shown on the Numident to determine whether a valid marital relationship exists in a claims situation. Rather, consult appropriate State law to make a determination whether a valid marital relationship exists

Keying Error: To correct a keying error, the prior application must be reviewed. If the application is a MES-generated application, do not presume there was a keying error. If the prior application is not reviewed, obtain a new application with proper evidence. The person must submit evidence showing the correct sex. The evidence must have been established before the CYD date of the Numident with the incorrect entry.

https://secure.ssa.gov/poms.nsf/lnx/0100203215

California DMV form:

http://www.dmv.ca.gov/forms/dl/dl329.pdf

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tori319

Quote from: Janet Lynn on September 03, 2010, 11:41:35 PM
Birth certificate should be changed.  And the SSA has rules regarding changing your gender.  You have to have "Irreversible genital surgery".  The boys just have to have top surgery and us girls just need an Orchie.  But the surgeon letter has to say those words.  Otherwise you aren't really legally female.
Are you sure that your talking about California because I could have sworn that I read you only have to be on hormones and living as a female.
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Nero

Quote from: tori319 on September 04, 2010, 12:48:54 AM
Are you sure that your talking about California because I could have sworn that I read you only have to be on hormones and living as a female.

I think Janet means for SSA.
Nero was the Forum Admin here at Susan's Place for several years up to the time of his death.
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Britney♥Bieber


Janet_Girl

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Britney♥Bieber

Quote from: Janet Lynn on September 04, 2010, 01:03:22 AM
SSA = Social Security Administration.  ;D

Thanks Janet! I was thinking it meant social but I was like what's the A for hahaha :P

Sandy

One of the things you'll have to watch out for when you apply for a job, regardless of which state it is in, is your SSA defined gender.

If you apply with your current SS number and list yourself on the job application as female, but SSA lists you as male, it will bounce back.  Also, if your job offers health insurance, the gender mismatch could come back.

If you are applying to the job in stealth, then you could put your job in jeopardy.  If they know you are in transition and that your records will be appropriately amended as time goes along, then they may accept your condition.

Additionally, the listed rules can sometimes be "bent".  I applied in person to record my legal name change to the SSA office and as the person was going through the process, he simply looked at me and asked "Do you want me to change the gender too?"  Of course I said yes.  I tried not to jump up and yell YIPPEE until I got out of the office though.

I can't say that this would happen for you, but it certainly is worth a shot.  The worst that could happen is that they say no.

-Sandy
Out of the darkness, into the light.
Following my bliss.
I am complete...
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Britney♥Bieber

Quote from: Sandy on September 04, 2010, 09:24:03 AM
One of the things you'll have to watch out for when you apply for a job, regardless of which state it is in, is your SSA defined gender.

If you apply with your current SS number and list yourself on the job application as female, but SSA lists you as male, it will bounce back.  Also, if your job offers health insurance, the gender mismatch could come back.

If you are applying to the job in stealth, then you could put your job in jeopardy.  If they know you are in transition and that your records will be appropriately amended as time goes along, then they may accept your condition.

Additionally, the listed rules can sometimes be "bent".  I applied in person to record my legal name change to the SSA office and as the person was going through the process, he simply looked at me and asked "Do you want me to change the gender too?"  Of course I said yes.  I tried not to jump up and yell YIPPEE until I got out of the office though.

I can't say that this would happen for you, but it certainly is worth a shot.  The worst that could happen is that they say no.

-Sandy

I'm assuming they changed your gender before srs? That sounds like what I'll do then. Worth a shot :P

Sandy

Quote from: KimberlyJean on September 04, 2010, 11:13:42 AM
I'm assuming they changed your gender before srs? That sounds like what I'll do then. Worth a shot :P

Yes, it was about a year before my SRS.  The rules are quite specific about gender change, and I was quite prepared to wait, but to have them change it then was a great boost.

Best of luck!

-Sandy
Out of the darkness, into the light.
Following my bliss.
I am complete...
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Silver

Didn't read the above comments but anyway, as far as I know all you need is "a surgery" and a letter confirming it "altered sexual characteristics."

So not necessarily SRS, but yes, surgery.

Source: I am also in CA.
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