Susan's Place Transgender Resources

Community Conversation => Transitioning => Legal Matters => Topic started by: Unwanted on April 16, 2014, 01:03:14 PM

Title: California Birth Certificate Gender Change?
Post by: Unwanted on April 16, 2014, 01:03:14 PM
Hi there, I've been trying to find a way to change my gender marker on my california birth certificate for some time but it seems the state requires me to get court order for gender change. That would not be a real problem if not for the fact that I live in different state currently. The state where I reside, Nevada, does not require court order to change gender marker (I've already corrected the DL from this state quite easily after all)

I've thought about filing for court order in California (since it is about four hour drive away) but it would seem they only allow state residents to file with the court.

Does anyone know how to go about doing this? Or am I simply stuck with wrong birth certificate?
Title: Re: California Birth Certificate Gender Change?
Post by: Elliotyang on April 16, 2014, 02:10:11 PM
Actually, the laws in California have changed. You don't need a court order anymore. Just a letter from your physician stating that you have had the appropriate clinical treatment for gender transition to the gender male/female.

You can Google this information.
Title: Re: California Birth Certificate Gender Change?
Post by: Lauren5 on April 16, 2014, 02:32:05 PM
I believe you don't need a court appearance after 1 July. Have to check out the exact myself. I was also born in California, but live in Michigan (where SRS is required to change legal sex, the state does not track gender, however, if I have my birth certificate changed, then my Michigan driver's licence will have to change) so making a court appearance is severely less than ideal. Let me check the specifics, and I'll get back to you.
Title: Re: California Birth Certificate Gender Change?
Post by: Unwanted on April 16, 2014, 04:05:41 PM
Quote from: Elliotyang on April 16, 2014, 02:10:11 PM
Actually, the laws in California have changed. You don't need a court order anymore. Just a letter from your physician stating that you have had the appropriate clinical treatment for gender transition to the gender male/female.

You can Google this information.
I did hear that we don't need court order anymore but the government website (with .gov)that I've googled and looked up all stated otherwise. :( I'm not sure what to believe at this point.
Title: Re: California Birth Certificate Gender Change?
Post by: Flan on April 17, 2014, 01:58:08 AM
Quote from: Unwanted on April 16, 2014, 04:05:41 PM
Quote from: Elliotyang on April 16, 2014, 02:10:11 PM
Actually, the laws in California have changed. You don't need a court order anymore. Just a letter from your physician stating that you have had the appropriate clinical treatment for gender transition to the gender male/female.

You can Google this information.
I did hear that we don't need court order anymore but the government website (with .gov)that I've googled and looked up all stated otherwise. :( I'm not sure what to believe at this point.
QuoteSEC. 5.
Section 103426 is added to the Health and Safety Code, to read:

103426.
The State Registrar shall issue a new birth certificate reflecting a change of sex without a court order for any person born in this state who has undergone clinically appropriate treatment for the purpose of gender transition and submits directly to the State Registrar the affidavit described in subdivision (a) of Section 103430 that includes the signature and physician license number of a licensed physician. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the person's correct sex and any change in name, if accompanied by a court order for a change of name.
Title: Re: California Birth Certificate Gender Change?
Post by: Unwanted on April 17, 2014, 09:16:24 PM
Oh, wow, thanks!

Oddly the instruction manual they have up on the web says otherwise and it was loads confusing. Must be from old days or something.
Title: Re: California Birth Certificate Gender Change?
Post by: Lauren5 on April 17, 2014, 09:40:39 PM
Quote from: Unwanted on April 17, 2014, 09:16:24 PMOh, wow, thanks!

Oddly the instruction manual they have up on the web says otherwise and it was loads confusing. Must be from old days or something.
Possibly because, as I mentioned, I believe the new law goes into effect 1 July. Probably still the current rules.
Title: Re: California Birth Certificate Gender Change?
Post by: Unwanted on April 18, 2014, 03:36:37 PM
Guess that just means I have to wait til July then.
Title: Re: California Birth Certificate Gender Change?
Post by: allisonsteph on April 18, 2014, 04:59:39 PM
Quote from: Unwanted on April 18, 2014, 03:36:37 PM
Guess that just means I have to wait til July then.

You might as well. If you went the court route, it wouldn't become official until sometime in July anyway. It took close to three months from the time I filed the paperwork until my name and gender change was granted by the court.