Susan's Place Transgender Resources

Community Conversation => Transsexual talk => Topic started by: Kayden on July 16, 2009, 12:31:59 AM

Title: Name and Gender Change (US)
Post by: Kayden on July 16, 2009, 12:31:59 AM
So I'm drafting my paperwork for my name change because I'm about to go under the knife in the morning and when I get home I'm going to file all of my gender change and name change paperwork so I can send off for new documents.

I'm to the part where I have to declare why I'm changing my name.  I have one suggestion already but I want to see what people here turn up.  I don't have the money for a lawyer and I think that would be completely unnecessary.

Also, I have no idea how to draft gender change paperwork.  Could I do it pretty much the same way but just sub out the name change section for a gender change section?  Is there a resource for this that's reliable.  I looked but couldn't really find one.

Really, it would be helpful to look at any state's documents' at this point, I'm in Missouri if that helps.
Title: Re: Name and Gender Change (US)
Post by: Renate on July 16, 2009, 05:17:28 AM
The reason for a name change (unless it's fraud!) is not that important.
The most generic reason is "Common usage".
That means that you are already informally known by this name already.

As far as gender change goes: where?
You can get a court order changing your sex.
You can change your birth certificate.
You can change your driver's license.
You can change your passport.

Good luck with your surgery!
Title: Re: Name and Gender Change (US)
Post by: tekla on July 16, 2009, 02:42:20 PM
Just the odd thought - but, if you type 'name change Missouri' into the Google it might reward you with the answers your seeking.  Specific questions need more specific search terms.  And dude, do your own work.
Title: Re: Name and Gender Change (US)
Post by: Mister on July 16, 2009, 05:33:06 PM
Your state might not have gender change paperwork because it might not have court ordered gender changes.  If it does, you need the right form.  You can't cross stuff out on legal paperwork.

And as for why- common usage or personal preference.
Title: Re: Name and Gender Change (US)
Post by: NicholeW. on July 16, 2009, 05:36:24 PM
And if you google "sex change Missouri" who knows what you might find? :) But like tekla said, please do your own work. ;)
Title: Re: Name and Gender Change (US)
Post by: Sarah Louise on July 16, 2009, 05:38:12 PM
The "truth" might be a novel idea.

I put that I was transitioning on my paperwork, I think the judge could see that right off.

Sarah L.
Title: Re: Name and Gender Change (US)
Post by: Mister on July 16, 2009, 05:41:56 PM
Quote from: Sarah Louise on July 16, 2009, 05:38:12 PM
The "truth" might be a novel idea.

I put that I was transitioning on my paperwork, I think the judge could see that right off.

Sarah L.

Because stating that it's your preference isn't the truth?
Title: Re: Name and Gender Change (US)
Post by: NicholeW. on July 16, 2009, 05:43:35 PM
Quote from: Mister on July 16, 2009, 05:41:56 PM
Because stating that it's your preference isn't the truth?

I don't think that was her point, Mister. But let's not quibble too much. I believe all the above answers would fly, right?
Title: Re: Name and Gender Change (US)
Post by: myles on July 16, 2009, 10:19:43 PM
I am not sure about your state but mine was pretty easy (did get help from others along the way).  I live in Oregon, I did not have to state a reason for my name change. As far as changing sex for DMV all I needed was a letter from a sate approved therapist (which mine was). For Passport and Birth Cer I am waiting for my surgery letter (see ticker below).
Also I went to DMV with court certified name change letter, letter from my therapist, passport, and drivers licence and they looked at all of it changed my name and gender (gender based on the letter from therapist), and ss card (with old name). After this i then went to SS office and changed name there.
Not sure how your state works but I looked stuff up online copied everything for them so when I showed up I showed them the originals and handed them the copies I had already made for them (also did this at my college and bank) and they were happy that they then did not have to copy it.
Not sure if its the same in your state but what worked for me.
Good luck !
and Congrats on the surgery!
Cheers
Myles
Title: Re: Name and Gender Change (US)
Post by: Kayden on July 17, 2009, 01:57:03 AM
Ooookay.  First off, I am trying to do my own work, I'm just confused about a few portions of it.  I have previously researched everything I posted about and have been doing so for months.  Please, I'm not that freaking lazy.  I would appreciated it if you didn't assume so.

Quote from: tekla on July 16, 2009, 02:42:20 PM
Just the odd thought - but, if you type 'name change Missouri' into the Google it might reward you with the answers your seeking.  Specific questions need more specific search terms.  And dude, do your own work.

I did.  That's how I started:

Quote from: Kayden on July 16, 2009, 12:31:59 AM... drafting my paperwork for my name change...

I talked to the lady at the court house and she said I could draft my own name change paper work, get a lawyer to do it, or pay for it online.

Quote from: Nichole on July 16, 2009, 05:36:24 PM
And if you google "sex change Missouri" who knows what you might find?
I've been typing "gender" not sex, which could be my issue.  I'll try that next.


Quote from: Mister on July 16, 2009, 05:33:06 PM
Your state might not have gender change paperwork because it might not have court ordered gender changes.  If it does, you need the right form.  You can't cross stuff out on legal paperwork.

Do you mean my state might not allow me to change my gender or that I might not have to do it via the court?  In either case, Missouri does indeed allow me to change my gender/sex and I do it via the court system.  As for the other part of your post, I was figuring there weren't any "forms" since the lady at the courthouse told me there were none for the name change.  I figured I'd have to draft my own.  Do I not need paperwork other than the letter from my surgeon?  I haven't found any online, but I haven't looked for "sex change petitions" I've been looking for "gender change petitions"... which is something I should've thought of.  Ah well, Nichole suggested that.

Anyway, I wouldn't be crossing anything out since I'm drafting it myself, I was merely asking if I could use the same template for my gender/sex change paperwork as my name change.  You can pay for forms on the internet, but they aren't endorsed by the government, they are drafted by law students or lawyers who want money and then put up for our purchase.  At least that's how it is for most states.

Quote from: Sarah Louise on July 16, 2009, 05:38:12 PM
The "truth" might be a novel idea.

I put that I was transitioning on my paperwork, I think the judge could see that right off.

I wasn't sure if that would cause problems in any way.


Thanks Myles.  That was really helpful actually.  I thought I needed my birth certificate to get all that changed.  I might in Missouri, I don't know, but at least I'll try all that stuff you said first.  I know I at least need my surgeon's letter, but that's not a problem as you can see by MY ticker!  Do you know where you're getting your forms for your gender/sex change?  Or do you just need your letter to submit to the court?  It might not be the same here, but I'd like to attempt to not look like an idiot this time when I go into the court house. 


I've tried looking this up online, but there don't seem to be resources for Missouri.  I think a large part of the problem is that it wasn't until 2006 that you needed SRS to change your gender in Missouri.  Previously, you just needed to change to a more "gender appropriate name".
Title: Re: Name and Gender Change (US)
Post by: tekla on July 17, 2009, 02:03:03 AM
I've been in Missouri (Progress as Promised) and backwards they are in places (Branson) but they do have St. Louis.  Either way, they do have lawyers.  So buy one for an hour or two.
Title: Re: Name and Gender Change (US)
Post by: Mister on July 17, 2009, 02:05:12 AM
no no no, that's not how it is for most states.  all court systems create their own forms.  you fill out the form.  each form is for a specific thing.  name is one, sex/gender another.  you can't take a name form and fill it out expecting your sex/gender to be changed as well.  there is no reason to pay to download forms from some random site on the internet. your court MUST provide the forms you need for FREE. 

at this point, i think i'd recommend you call the transgender law center for help.
Title: Re: Name and Gender Change (US)
Post by: Kayden on July 17, 2009, 02:11:44 AM
Quote from: Mister on July 17, 2009, 02:05:12 AM
no no no, that's not how it is for most states.  all court systems create their own forms.  you fill out the form.  each form is for a specific thing.  name is one, sex/gender another.  you can't take a name form and fill it out expecting your sex/gender to be changed as well.  there is no reason to pay to download forms from some random site on the internet. your court MUST provide the forms you need for FREE. 

at this point, i think i'd recommend you call the transgender law center for help.

Really now?  I walked into the courthouse and asked the people who file name change paper work and specifically asked for a name change form.  They said I had to draft one myself or get someone to do it for me and that there was no form.

I've never heard of this Transgender Law Center, but I'm assuming it's something I can google?
Title: Re: Name and Gender Change (US)
Post by: Mister on July 17, 2009, 02:14:08 AM
If that's truly the case, then missouri has the strangest court system i've heard of.

yeah, transgenderlawcenter.org is the site.  they can be VERY slow to return calls.  might want to check out NCLR- http://www.nclrights.org/site/PageServer (http://www.nclrights.org/site/PageServer)  don't be scared away by 'lesbian' in their name- they do more for the trans community than transgender law center does.
Title: Re: Name and Gender Change (US)
Post by: NicholeW. on July 17, 2009, 02:19:44 AM
Quote from: Kayden on July 17, 2009, 02:11:44 AM
Really now?  I walked into the courthouse and asked the people who file name change paper work and specifically asked for a name change form.  They said I had to draft one myself or get someone to do it for me and that there was no form.

I've never heard of this Transgender Law Center, but I'm assuming it's something I can google?

You'll find it in SF. Rather famous. Not every state has one and not every state has forms. Some states, like the one I live in, require a legal draft and they will send a handbook to ya so you can see how it's done. Then all ya need do is buy one of those  discs that you download the template from and use their template to follow the Mizzou directions.

Yes, if you go to that link you will find other links there, Kayden. But don't expect that the court will accept something that's written in pencil on foolscap as a petition, they won't. You might wish to consult a paralegal to draw up the paperwork in the proper form for you.

It's not free, but the petition will get through court if it's done by someone who groks what they're doing.

Title: Re: Name and Gender Change (US)
Post by: tekla on July 17, 2009, 12:28:35 PM
About this Form:  In most jurisdictions, a Petition for Change of Name of Adult must be filed in the county court in which the Petitioner (i.e. the person seeking to change his or her name) lives.  Any lawful reason that the Petitioner deems a benefit is typically adequate to satisfy most courts.  For example, the Petitioner may prefer a new name due to social or religious reasons.  The Petitioner may not change his or her name for purposes of fraud or if it will violate the rights of others.  Some courts may require the Petitioner to provide a list of the names and addresses of his or her creditors.  The Petitioner should contact the court clerk in the county in which he or she resides to determine the filing fees, docket number, and other local requirements.

The form can be found at:
http://www.ilrg.com/forms/namechange-adult/us/mo (http://www.ilrg.com/forms/namechange-adult/us/mo)

You can pay them to send you some template, or you could just cut and paste it.

I don't know where you would post it, but that site has the forms for just about every state.
Title: Re: Name and Gender Change (US)
Post by: Ender on July 17, 2009, 02:54:13 PM
Quote from: Renate on July 16, 2009, 05:17:28 AM
The most generic reason is "Common usage".

I tried writing that on my name change paperwork, but the judge didn't buy it.  He wanted me to explain, so I said that "that's the name other people know me by."  No go.  More explaining that 'this is the name I go by, prefer this name over my birth name,' etc.  Still no go.  As a last resort (I had already been in court over an hour at this point), I just showed him my carry letter, to which he replied "ah, yes, this explains it."  Keep in mind I did this in a very small town and I was the only person in the court that day... the judge wasn't exactly rushed, and apparently someone going from a typically female to a typically male name is... rather unexpected.  Apparently the judge thought it warranted more explanation than the average name change.  Just be advised, this kind of name change may not be treated as 'routine' by some judges...
Title: Re: Name and Gender Change (US)
Post by: Kayden on July 18, 2009, 01:54:47 AM
Quote from: tekla on July 17, 2009, 12:28:35 PM
About this Form:  In most jurisdictions, a Petition for Change of Name of Adult must be filed in the county court in which the Petitioner (i.e. the person seeking to change his or her name) lives.  Any lawful reason that the Petitioner deems a benefit is typically adequate to satisfy most courts.  For example, the Petitioner may prefer a new name due to social or religious reasons.  The Petitioner may not change his or her name for purposes of fraud or if it will violate the rights of others.  Some courts may require the Petitioner to provide a list of the names and addresses of his or her creditors.  The Petitioner should contact the court clerk in the county in which he or she resides to determine the filing fees, docket number, and other local requirements.

The form can be found at:
http://www.ilrg.com/forms/namechange-adult/us/mo (http://www.ilrg.com/forms/namechange-adult/us/mo)

You can pay them to send you some template, or you could just cut and paste it.

I don't know where you would post it, but that site has the forms for just about every state.

Yeah.  That's where I copy/pasted my name change stuff from.  People have pretty much answered my question of what I put where it asks why I want to change my name.

Now I pretty much want to know what I do about changing my legal gender/sex.  I've tried the search term "sex change Missouri" "sex change petition Missouri" in addition to all the searches I've done for gender change (which I've been doing for the past few months).  I have found nothing.  On Monday I plan to call vital records at the Missouri capital to see if I can find more information on changing that.  I already left a message at the Circuit court, but I don't know if it was in the right area because they didn't have a menu option for "sex change" or "gender change" so I just left a message with tha name change people.

I'm pretty sure there won't be a form for the sex change either, seeing as I've seen one other homemade petition for sex change and nothing about forms.  The one I saw wasn't particularly strongly worded. I think I can do better using a template from my name change papers and making sure to include any information from the small template I saw.  I'm sure I can find out what other documentation besides my petition I need to include from the court itself (name change court order, as that is a requirement in MO, surgeon's letter, and original birth certificate are probably it).

So I guess the only thing I could used from you guys now is what to include on a sex change petition, since I'm going to have to make my own, and I have found nothing particularly reliable looking on the internet.


Oh, I just thought up another question.  On the form I'm using it says:

"Petitioner does not have any outstanding judgments, has never been convicted of a crime, and is not involved in any pending legal actions."

Do I need to admit to having been involved in traffic matters as far as "convicted of a crime" is concerned?
Title: Re: Name and Gender Change (US)
Post by: myles on July 18, 2009, 09:11:06 AM
I guess I got lucky you can go to the courthouse  here in Oregon and get the packet of paperwork that has step by step instructions and all forms for $2.25. I picked mine up at Inside Out a transclinic here in Portland. For my gender change (which I believe is birth certificate, please let me know if I am wrong) I actually have to do that through California since that is where I was born. After surgery I will tackle that. Right now all I can do is all the no surgery required changes in Oregon. Changing gender on Drivers licence at bank,  and name on everything.
When I went to Outside In they have a name change person who helped me by making a list of things to change and in what order and what needed to wait until after surgery and what did not.
Hope it all works out and Congrats again on the surgery, now you are probably home recuperating!
Cheers,
Myles
Title: Re: Name and Gender Change (US)
Post by: Mister on July 18, 2009, 10:43:40 AM
If you mean parking ticket, speeding ticket, at fault accident...  no

If you mean DUI, vehicular manslaughter, operating w/o a license, yes.

Post Merge: July 18, 2009, 10:45:07 AM

IF you can't find any reference to it whatsoever, MO probably doesn't have court orders for gender change.  What do you have to do to change your license in MO? What do you have to do to change your BC?  Many, many states do not have court orders for gender change, and it sounds like MO Is one of them.