ok, all i've been just lurking on here lately as every time i get on there's a server connection problem, but anyway, my lovely wifey was at work today(9/26/2008) and found the following for me as she was looking for information on whether i would be able to fill out my next sons birth certificate as Mickie, but found the following instead and wanted my thoughts on it. (sorry this is going to be long because i need expalanations):
Michael Kantaras - Ohio Birth Certificate
I'm not a lawyer and I don't play one on television but here's my take on the Ohio birth certificate situation.
Michael Kantaras had his birth certificate amended via court order pursuit ant to R.C. 3705.22, which states:
"An original birth certificate filed in the Office of Vital Statistics cannot be altered or changed in any way. A copy of an original certificate of birth which has been accepted for filing by the local registrar must not be altered or changed. However, any original birth certificate filed in the Office of Vital Statistics after December 20, 1908 may be amended by one of the following method: (1)affidavit, (2) amended certificate, (3) court order. According to law, any item recorded incorrectly on a birth certificate may be amended by affidavit or by an amended certificate".
According to the documents in his own (custody) case, Kantaras was diagnosed with Gender Identity Dysphoria and "successfully completed the full process of transsexual reassignment, involving hormone treatment, irreversible medical surgery that removed all of his female organs inside of his body, including having a male reconstructed chest, a male voice, a male configured body and hair with beard and moustache, and a naturally developed penis."
I think Kantaras was able convince the judge that due to his "medical condition" the original designation at birth (female) was indeed incorrect, so correcting this error on his birth certificate was in absolute compliance with R.C. 3705.22.
Another poster mentioned that Ohio might have "wised up" after all the publicity surrounding the Kantaras case, and thus began rejecting requests for amended birth certificates. This may be true, however since precedence is huge factor in law Kantaras' victory makes a strong point for others to get the same consideration.
the stuff in red is what i don't understand....what kind of affivadit? the NCLR sent me a couple of trans friendly lawyers in Oh but i can't get ahold of them by email(i have no long distance)
and the naturally developed penis? there are only two ways i know you can have a penis:
1. born with it, whether male or intersex
2. transplant and from what i've read this doesn't work and quite possibly never will.
anyone can help me understand?
Quote from: The Only Warrior Princess Mickie on September 26, 2008, 11:57:48 AM
However, any original birth certificate filed in the Office of Vital Statistics after December 20, 1908 may be amended by one of the following method: (1)affidavit,
For what it's worth, the letter from my SRS surgeon verifying that I had surgery is referred to as an "affadvit."
~ Katie Marie ~
Here are the codes for birth certificates in Ohio
http://codes.ohio.gov/orc/3705 (http://codes.ohio.gov/orc/3705)
This one is specifically for name change: 3705.13 Filing court order of change of name - new birth certificate.
This one is for amending "errors", I doubt it could be used for changing gender due to surgery: 3705.22 Birth certificate to be amended to correct errors.
I find nothing for Gender alteration.
Sarah L.
Quote from: The Only Warrior Princess Mickie on September 26, 2008, 11:57:48 AM
I think Kantaras was able convince the judge that due to his "medical condition" the original designation at birth (female) was indeed incorrect, so correcting this error on his birth certificate was in absolute compliance with R.C. 3705.22.
...
and the naturally developed penis? there are only two ways i know you can have a penis:
1. born with it, whether male or intersex
2. transplant and from what i've read this doesn't work and quite possibly never will.
anyone can help me understand?
Sounds to me like a re-definition of "naturally developed", or put another way, saying that a metaidoioplasty is just like the real thing. (legally speaking, not physically)