Community Conversation => Transitioning => Legal Matters => Topic started by: Barb99 on February 17, 2017, 01:31:28 PM Return to Full Version

Title: Missouri Birth Certificate
Post by: Barb99 on February 17, 2017, 01:31:28 PM
Anyone get there gender changed on a Missouri Birth Certificate while living in Illinois. Missouri requires a court order but Illinois does not know what a court order for gender change is. (They do not require one.) A Missouri attorney tells me that I have to file for the gender change in Illinois. I feel like I'm going around in a circle!
Title: Re: Missouri Birth Certificate
Post by: Barb99 on February 20, 2017, 01:14:34 PM
Ok, I may have found an attorney who can help with this. It is a catch 22 but she may be able to help.
Since Illinois does not require a court order to change the gender no court in Illinois will issue one. Missouri does require a court order but since I am not a resident I can not file for a court order in Missouri!

I was born on an Army base while my father was stationed there, Seems to me I should have a federal birth certificate. Hummmm, wonder if there is any such thing?
Title: Re: Missouri Birth Certificate
Post by: FTMax on February 20, 2017, 01:36:27 PM
Most states will accept a court order from another state. So you would need to petition the state of Illinois where you are a resident for a change of gender designation. There are probably templates for an Illinois court petition online somewhere, but probably not one specifically for gender marker so you may need to freestyle a little bit. That's where the lawyer could help.

Once the court order comes back, you would submit that to whatever department in Missouri deals with vital records to get it amended. The directive re: being born on a military base is that you should contact the state where the base is located. They would be in charge of your vital records. If you were born abroad on a military base, I think you'd need to contact the State Department.
Title: Re: Missouri Birth Certificate
Post by: Barb99 on February 20, 2017, 03:00:34 PM
Quote from: FTMax on February 20, 2017, 01:36:27 PM
Most states will accept a court order from another state. So you would need to petition the state of Illinois where you are a resident for a change of gender designation. There are probably templates for an Illinois court petition online somewhere, but probably not one specifically for gender marker so you may need to freestyle a little bit. That's where the lawyer could help.

Once the court order comes back, you would submit that to whatever department in Missouri deals with vital records to get it amended. The directive re: being born on a military base is that you should contact the state where the base is located. They would be in charge of your vital records. If you were born abroad on a military base, I think you'd need to contact the State Department.

Getting that court order is why I've had to go to an attorney. I know what to send to Missouri and who to send it to, so if I had that court order I could do this all myself. Everyone so far has told me that Illinois will not issue that order because they do not require one. Oh well, I'll see what the attorney comes up with.
Title: Re: Missouri Birth Certificate
Post by: audreytn on April 19, 2017, 12:05:09 AM
If Illinois doesnt issue an order, you should be able to send a surgery letter to Missouri along with a letter from an attorney stating that Illinois does not issue such an order due to the law there not requiring surgery to change gender.

Or you could try another avenue and simply file a motion in Missouri and get an order issued through their court as a non-resident but having a Missouri birth certificate. 
Title: Re: Missouri Birth Certificate
Post by: Jennifer RachaelAnn on April 24, 2017, 12:52:13 PM
Missouri is kinda weird on things like this. I have lived in central MO my whole life, and have talked with other transgender people who have tried several times to get their gender changed, both on their drivers license, and their birth certificate. Some had to go all the way to the attorney general, some had to just go to the local legal document office with at most a letter from a doctor, lawyer, or both. I had to do that when I lost my birth certificate. It took all of 10 minutes. And I know one who has tried well over 10 times to get their gender changed and been denied every time. She has had the reassignment surgery and completely transitioned in every way, but her license and BC still say male. I have seen her cry on more than one occasion.
Title: Re: Missouri Birth Certificate
Post by: Axolotl on April 24, 2017, 01:13:04 PM
Yesterday, I accidentally stumbled onto my birth certificate and I was pretty devastated to read it.  I made a post yesterday describing it as a "death certificate".  Anyway, after a round of crying, I went over to my driver's license and decided it was the day to cut the card and throw it out.  I decided that if it's this difficult to make changes to my ID, I'd rather not even have one.

Then I realized that I have an upcoming doctor appointment that I consider very important.  I had to call the office to see if I could show up without an ID.  Luckily, they said a passport is sufficient.  I decided I much prefer carrying a passport than a driver's license, because the horrible photograph is obscured within a book, rather than on the front of a card.

Another thing I realized is I hate that they list biological sex instead of gender.  I think my biological/birth sex is private information that I shouldn't be required to disclose.  At this point, I have the goal to make it completely unbelievable that the gender marker/biological sex marker could be anything but female before going to deal with courts and lawyers to make the changes.
Title: Re: Missouri Birth Certificate
Post by: Barb99 on June 08, 2017, 09:46:57 AM
I can't believe I'm still working on this. Found a new attorney that is confident she can get this done. She is going to partition the Illinois court to issue a court order to Missouri to change my BC.
I read all of the documents yesterday and paid her retainer. She expects us to go before the judge in 10 days or so. I really hope this works out! This is the last document I need to get changed.

Title: Re: Missouri Birth Certificate
Post by: Barb99 on June 14, 2017, 12:50:09 PM
So far so good! We went before the judge today and he signed the order for Missouri to change my BC. My attorney is sending all the paperwork off to Missouri today. I don't know how fast the wheels turn in Missouri, but we'll see what happens.

Title: Re: Missouri Birth Certificate
Post by: ainsley on June 14, 2017, 01:05:12 PM
Quote from: Charley on June 14, 2017, 12:50:09 PM
So far so good! We went before the judge today and he signed the order for Missouri to change my BC. My attorney is sending all the paperwork off to Missouri today. I don't know how fast the wheels turn in Missouri, but we'll see what happens.

Nice!  I just saw this thread today, or I would have responded sooner.  I live in missouri, but was born in new mexico --on sandia naval base and I did not get a federal BC, either. lol  Anyhoo, I got an attorney (before GRS, mind you) and petitioned the missouri court to issues a court order for name and gender change...cost me ~$700.  A conservative judge signed the order and off to the DMV I went to get my Missouri license changed.  No problem. 

On a side note:
I sent my court order to NM for my BC change.  Nope, tried three different times and even sent in a letter from my primary.  Nope.  Had to have GRS surgeon letter.  I finally got that from Brassard and got my BC changed.  So, other states may, or may not honor court orders from different states.  So, if you get trouble from missouri with your illinois court order, let me know and I will pass you the name of my local attorney...she has connections in mid-mo and STL.  ;)  She is aggressive.  She wanted my wife and I to get divorced after my gender change so she could set precedent in missouri for same sex couple divorce and remarriage (this was before the supreme court ruling).  We, of course, said no. LOL
Title: Re: Missouri Birth Certificate
Post by: ainsley on June 14, 2017, 01:12:07 PM
Also, several months later my attorney went to court with me to get another court order to change my name on my kids Missouri BCs.  Same judge signed that one, too.  My attorney did not charge me. :)  I drove to Jefferson City and got my name on their BCs changed.  Then we got them 10 year passports. lol  Locking it all in!
Title: Re: Missouri Birth Certificate
Post by: Barb99 on June 14, 2017, 02:09:44 PM
Thanks ainsley, We aren't expecting any trouble from Missouri as we are sending them everything they ask for, but you never know.
I'll keep your aggressive attorney in mind, never hurts to have a plan "B".
Title: Re: Missouri Birth Certificate
Post by: jentay1367 on June 14, 2017, 02:38:03 PM
Quote from: Charley on June 14, 2017, 12:50:09 PM
So far so good! We went before the judge today and he signed the order for Missouri to change my BC. My attorney is sending all the paperwork off to Missouri today. I don't know how fast the wheels turn in Missouri, but we'll see what happens.

wheels? In Mizery? You have us confused with another State. We don't need no stinking fancy wheels in Mizery.

J/K  Good Luck, Hon!
Title: Re: Missouri Birth Certificate
Post by: Barb99 on September 01, 2017, 11:52:41 AM
Well it's been 2 and a half months but it finally happened. Went home last night to find my new BC in the mail!
I'm now 100% woman, mentally, physically and legally!!!!!

Title: Re: Missouri Birth Certificate
Post by: Doreen on September 01, 2017, 12:02:38 PM
Quote from: Charley on February 17, 2017, 01:31:28 PM
Anyone get there gender changed on a Missouri Birth Certificate while living in Illinois. Missouri requires a court order but Illinois does not know what a court order for gender change is. (They do not require one.) A Missouri attorney tells me that I have to file for the gender change in Illinois. I feel like I'm going around in a circle!

Charley Ann

OMG now here is a question I can directly help!! I was born in Missouri but live in a state (Tennessee) where you can NOT change your birth gender.. HOWEVER the state of TN can order Missouri to do so (lmao..such hypocrites).   SO I hired an attorney, surgery papers in hand, and had 2 female judges in their private chambers write up the orders for Missouri to change the birth certificate.   Mailed said papers off to hospital, payed for new birth certificate, and got it.

Hope this helps
:)
Title: Re: Missouri Birth Certificate
Post by: Jessica Lynne on September 01, 2017, 12:12:39 PM
It seems like we can get whatever we want wherever we want it as long as we feed the money eating machine. So ridiculous and frustrating.
Title: Re: Missouri Birth Certificate
Post by: Chanteur on March 07, 2018, 09:57:29 PM
Necro'n this thread...

I was born in Missouri. Live in Mississippi...

My lawyer refuses to do the gender change, and says that I have to file in Missouri for my BC to change even its name.

But I am getting conflicting info. You guys/gals post you got it changed with an out of state court order...

Anyone know any lawyers I can contact? (preferably cheap and in Mississippi. hehe, im broke after the name change).

Can I at least change the name on the BC with a court order from Mississippi?

I am pre-hormones (1st Endo appointment is next month). But I intend to bring passport papers to try and see if she will sign off on that. And inquire about getting letters typed up.

I read that you can get your BC changed wo having to undergo surgery for Missouri... Is this true?
Title: Re: Missouri Birth Certificate
Post by: Dena on March 07, 2018, 10:20:25 PM
Welcome to Susan's Place Chanteur. I updated my birth certificate without a lawyer. It's a bit of work  but you need to go to the web site for both the state you live in and your birth location and find what the requirements are for both states. After that it's simply a matter of getting the correct paper work from your current state. Name changes shouldn't be a problem however gender can't always be changed even after surgery in some cases.

Things that you should read


Site Terms of Service & Rules to Live By (https://www.susans.org/forums/index.php/topic,2.0.html)
Standard Terms & Definitions (https://www.susans.org/forums/index.php/topic,54369.0.html)
Post Ranks (including when you can upload an avatar) (https://www.susans.org/forums/index.php/topic,114.0.html.)
Cautionary Note (https://www.susans.org/forums/index.php/topic,82221.0.html)
Reputation rules (https://www.susans.org/forums/index.php/topic,18960.0.html)
News posting & quoting guidelines (https://www.susans.org/forums/index.php/topic,174951.0.html)
Photo, avatars, & signature images policy (https://www.susans.org/forums/index.php/topic,59974.msg383866.html#msg383866)
Membership Agreement (https://www.susans.org/forums/index.php/topic,216851.0.html)
Title: Re: Missouri Birth Certificate
Post by: Susan on March 07, 2018, 10:49:26 PM
Illinois - http://www.dph.illinois.gov/topics-services/birth-death-other-records/birth-records/gender-reassignment

Missouri  -
Quote
According to Missouri statute, the Department of Health will issue an amended birth certificate "upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed." Mo. Rev. Stat. § 193.215-9.

To apply for an amended birth certificate the applicant should submit the certified copy of the court order, a written request for the birth certificate (stating where the new certificate is to be sent), and the applicable fees to Missouri Dept. of Health and Senior Services, P.O. Box 570, Jefferson City, MO 65102.

Note that some individuals have been able to get a court order for gender change on a Missouri birth certificate without proof of surgery, as exhibited in this court order (http://transascity.org/files/Glistenburg_Gender_Change_Real_Example.pdf) for gender change. Template forms for requesting a court order for gender change are available on the Transas City website.

Title: Re: Missouri Birth Certificate
Post by: Chanteur on March 07, 2018, 11:26:10 PM
Mississippi:

QuoteMississippi Birth Certificate Laws
Mississippi will issue an amended birth certificate upon receipt of "a certified court order, a medical statement that attests to the reassignment, and the required fee." Miss. Code Ann. §41-57-1, Rule 3.21.2. Mississippi Vital Records will issue an amended birth certificate with the legally updated name and sex as a "marginal notation", meaning the birth certificate will show both names and both genders. To apply for an updated birth certificate the applicant should submit the court ordered name change, the court ordered gender change, the medical statement and the applicable fee to Mississippi Vital Records, 222 Marketridge Dr. Ridgeland, MS 39157.

QuoteVital records requires a court order for name change, a medical statement verifying to the reassignment ("irreversible changes to sex" is sufficient), and the required fee ($25.00). Please note that even if a court order is for both name and gender marker change, a physician's letter must be included as well.
Source: https://lgbtrightstoolkit.org/mississippi-lgbt-rights-information/ (https://lgbtrightstoolkit.org/mississippi-lgbt-rights-information/)

Given the information from the Missouri case about the people getting their marker changed, it seems to be the same guidelines... "Irreversible changes to sex/gender" which seems to set the bar at HRT.

So seems a court order in either state will suffice. Just need a doctor note. My 1st endo appointment is in April. Not sure how long it will take from there to get a doctor's note. I currently see a LCSW, so he cannot write such a note, but I can get him to write a letter to go along with the MD's note also.
Title: Re: Missouri Birth Certificate
Post by: Kendra on March 08, 2018, 12:05:24 AM
I'm not familiar with those two states but I was able to update my US passport and Social Security gender marker based on HRT, before any surgery.  I didn't use an attorney.  Once I had those two documents, everything else was easier. 
Title: Re: Missouri Birth Certificate
Post by: Susan on March 08, 2018, 10:26:17 AM
You generally have to change your birth certificates in the state that you were born in.