Susan's Place Transgender Resources

Community Conversation => Transitioning => Legal Matters => Topic started by: Debra on May 31, 2011, 09:28:22 PM

Title: Obtaining a WA state court order for gender change?
Post by: Debra on May 31, 2011, 09:28:22 PM
So I ran the race, I got the surgery letter. I'm legally female everywhere and my name is changed everywhere EXCEPT my California State birth certificate.

To do this apparently, I need:

1. A court order showing my name change CHECK
2. A surgery letter CHECK
3. $20 filing fee CHECK
4. A court order showing my *gender* change ...what????

I was able to change my Driver's License, Social Security, and literally everything else except my BC before surgery with doctors notes and the like....I never needed a gender change court order.

Anyway, so I'm curious if anyone has done this in Washington state. Apparently there's a way to petition the court to produce a document agreeing that I am now Female but I can't seem to find any documents or processes or anything to do with it.

Any details would be helpful, thanks.
Title: Re: Obtaining a WA state court order for gender change?
Post by: Janet_Girl on May 31, 2011, 09:56:59 PM
In Oregon, we use the same forms as for name change.  Just cross out the "NAME" and write in 'GENDER".  Not sure if it works the same in Washington, but check with the court clerk, they should know.
Title: Re: Obtaining a WA state court order for gender change?
Post by: Epigania on June 01, 2011, 08:07:26 PM
I'd say go down to the Court Clerk window and ask them what you need to do.  it could be exactly as Janet Lynn mentioned.  As long as it's a Court certified document signed by a Judge, it should work.
Title: Re: Obtaining a WA state court order for gender change?
Post by: Debra on September 20, 2011, 03:10:26 PM
Well sadly the court clerk in WA knows nothing about it. I've been tempted to try to file my own pre-made documents in a similar way as a name change but I don't know if it'll fly and I don't want to waste time and money.

I called CA today to see if I could file by mail at least (I know I'd have to make an appearance for the actual court hearing) and they informed me that I could not even file if I didn't have an address in the state of CA. I'm flabbergasted. Luckily I have my aunt and uncle living down there but still, that's just friggin stupid. I swear the Trans Law Center fixed something about this within the last year so I'll have to ask about that. I also found out its $400 to file in CA for this. With that plus travel expenses, the $1200 the WA lawyer quoted me to get it all done is sounding good about now........
Title: Re: Obtaining a WA state court order for gender change?
Post by: Ann Onymous on September 21, 2011, 09:27:42 AM
It is not the Clerk's job to explain the law.  They are paperwork processors.  It is the responsibility of the filing party to know the law applicable to their pleadings as well as Local Rules applicable to what to file and with how many copies and in what format. 

As to filing in CA, it is not at all uncommon for a State to have provisions requiring that a filing party RESIDE in the jurisdiction.  This is done specifically to preclude jurisdiction shopping.  And no, just having a family member in that jurisdiction is not generally sufficient unless one wants to risk perjuring themselves on the issue of jurisdiction... 
Title: Re: Obtaining a WA state court order for gender change?
Post by: Debra on September 21, 2011, 03:53:34 PM
Quote from: Ann Onymous on September 21, 2011, 09:27:42 AM
As to filing in CA, it is not at all uncommon for a State to have provisions requiring that a filing party RESIDE in the jurisdiction.

Sure but in cases like this it results in deadlock.
Title: Re: Obtaining a WA state court order for gender change?
Post by: amanda barber on October 26, 2011, 04:57:16 PM
WA will only change birth certificates for people born in WA.

the best you can do for a "court ordered gender change" is to get a WA probate atourney to collect all the paperwork changes , petition a judge and go back to district court in the county you filed in and have the judge certify that all the steps required in WA to change the gender marker have been met. give that order to CA and hope.

its not so much as the court changing your gender as the court officially recognizing that all the requirements to do so  have been met.
Title: Re: Obtaining a WA state court order for gender change?
Post by: Debra on October 26, 2011, 05:59:04 PM
Quote from: amanda barber on October 26, 2011, 04:57:16 PM
WA will only change birth certificates for people born in WA.

the best you can do for a "court ordered gender change" is to get a WA probate atourney to collect all the paperwork changes , petition a judge and go back to district court in the county you filed in and have the judge certify that all the steps required in WA to change the gender marker have been met. give that order to CA and hope.

its not so much as the court changing your gender as the court officially recognizing that all the requirements to do so  have been met.

Yeah exactly. Note I mentioned above paying a lawyer $1200 to get me the "court ordered gender change" which is essentially the same as what you describe as "the court officially recognizing that all the requirements to do so  have been met"
Title: Re: Obtaining a WA state court order for gender change?
Post by: JenJen on April 14, 2016, 04:10:06 PM
Sorry to Necro this thread but did anyone ever find a way to get a court order for the Gender Change in WA state? I need this done to get my birth certificate in Indiana revised.
Title: Re: Obtaining a WA state court order for gender change?
Post by: Dena on April 14, 2016, 04:54:12 PM
This might help
http://www.lambdalegal.org/know-your-rights/transgender/changing-birth-certificate-sex-designations
http://transgenderlawcenter.org/issues/id/changing-your-legal-identification-in-california
http://www.courts.ca.gov/genderchange.htm
Title: Re: Obtaining a WA state court order for gender change?
Post by: Debra on April 16, 2016, 03:56:16 PM
Quote from: JenJen on April 14, 2016, 04:10:06 PM
Sorry to Necro this thread but did anyone ever find a way to get a court order for the Gender Change in WA state? I need this done to get my birth certificate in Indiana revised.

I had to get it done through a lawyer. So I did end up paying the $1200 or w/e it was just to get it over with. Guy in Lynnwood has experience with this kind of thing: http://www.northsoundlaw.com

He essentially just did everything for me that I needed to get my CA birth cert updated.
Title: Re: Obtaining a WA state court order for gender change?
Post by: JenJen on April 17, 2016, 01:01:31 PM
Thanks Debra, I don't think I need it done that badly. I'll probably wait until Indiana adopts more laxed requirements. I won't hold my breath though! I can't remember the last time anyone has required a copy of my birth certificate. Of course I haven't recently tried to pee in public in North Carolina........

Sent from my SPH-L710 using Tapatalk

Title: Re: Obtaining a WA state court order for gender change?
Post by: AngieT on June 22, 2016, 08:40:22 PM
As an update, at least in King County, things have recently changed to allow for gender change orders.

1.  These orders are NOT done in district court like name changes.  They're handled by the Superior Court.

2.  Since this is new, some of the paperwork,namely the Petition for Gender Reassignment and proposed Order to Change your gender," do NOT have pattern forms.  These need to either be self researched and prepared, or you need to consult with an attorney.

3.  Cost to do this is $240 due at time of filing.

Forms required are a)  Petition for Gender Reassignment;  b)  CICS;  c)  Proposed Order;  d)  Affidavit of Correction;  e)  Physician letter stating that you've completed the appropriate treatment for gender transition. 

I've tried to recruit assistance in creating pattern forms, but haven't been successful yet.  PLEASE message me if you successfully get this done.  I've been waiting forever to get the court order so that I can amend my TX birth certificate. 
Title: Re: Obtaining a WA state court order for gender change?
Post by: Debra on June 23, 2016, 05:26:35 AM
Thanks for the update! $240 is way more affordable haha
Title: Re: Obtaining a WA state court order for gender change?
Post by: melissagirl on June 23, 2016, 09:09:35 PM
Actually, since a court ordered gender change is no longer required, you can do it for under $50. See https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassigmentPAMPHLET-(01-16)-MERGED.pdf

I just changed mine recently and it cost me:
$23.00 Filing fee
$15.00 Notary fee (could probably be done cheaper)
$1.20 Postage
Title: Re: Obtaining a WA state court order for gender change?
Post by: AngieT on June 23, 2016, 11:27:23 PM
Quote from: melissagirl on June 23, 2016, 09:09:35 PM
Actually, since a court ordered gender change is no longer required, you can do it for under $50. See https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassigmentPAMPHLET-(01-16)-MERGED.pdf

I just changed mine recently and it cost me:
$23.00 Filing fee
$15.00 Notary fee (could probably be done cheaper)
$1.20 Postage

If only I had been born in California, LOL. 

Washington will change a birth certificate with much less paperwork, but it only applies to those who were born here.  For those of us born in repressive states like Texas, an actual court order is necessary, and the above steps need to be followed so that Texas will be forced to abide by that Washington court order. 

Generally speaking, the people I've dealt with here in Washington have been extremely helpful, feeding me great information, referring me to the appropriate agencies, calling on my behalf, and answering my emails promptly.  (Usually within a few hours) 

In contrast, when I requested specific information regarding the proper paperwork, fees and requirements from the vital statistics people in Texas, their response wasn't so friendly:

"Good afternoon ___________:

In the State of Texas we track "sex" not "sex marker." I suggest you contact an attorney for assistance."

:(
Title: Re: Obtaining a WA state court order for gender change?
Post by: HeatherR on September 06, 2016, 06:21:39 PM
I had to pay $161.00 today for the filing fee, but I have my hearing on Friday morning... So at least I don't have to wait..
Title: Re: Obtaining a WA state court order for gender change?
Post by: AngieT on November 09, 2016, 02:25:15 PM
Update:  For those that live in King County, WA (Seattle)  a sample of my court ordered gender change paperwork can be found at https://dochub.com/ataylorb303c147/RKMKrl/sample_paperwork?dt=s6gbpytmvv6p1n6n (https://dochub.com/ataylorb303c147/RKMKrl/sample_paperwork?dt=s6gbpytmvv6p1n6n)

I took this paperwork (totally completed and notarized where needed) to the Kent courthouse, and everything was completed, signed, recorded and court certified copies issued in less than two hours.  Please note that you will need to appear before a judge or magistrate, so make sure you dress appropriately.  Also, the Affidavit of Correction is a WA state specific form, however it is still a legal affidavit, and is used even for those not born in WA. 

FWIW, this paperwork plus the birth certificate change paperwork from my birth state (Texas) was enough to seal my old Texas birth certificate and have them issue a brand new one with my corrected name and sex. 

Total cost for this was ~ $270 but a fee waiver can be completed for those facing financial hardship.  If you can get an MD to complete the included doctors letter and provide the paperwork and documentation, this process really is quite painless. 

Good luck.
Title: Re: Obtaining a WA state court order for gender change?
Post by: doxygurl on November 20, 2016, 10:18:18 AM
Hi AngieT, I'm a Texas girl living in WA State.  I tried to access your link to the sample paperwork, but I was not successful.  Can you help me? 
Title: Re: Obtaining a WA state court order for gender change?
Post by: Inarasarah on November 27, 2016, 08:07:45 PM
I literally just went through this over the summer, I did however pay my lawyer to do all of the paperwork and the filing for me in Superior Court in Seattle.  My laywer charged me about $800 for her time and work.  This was the only way I could update my Colorado birth certificate. 

I can pass along my lawyer's info if you are interested.  We basically just filed an Ex Parte motion in superior court for petion to change gender/sex classification because of surgical procedure.  I provided her copies of my letter from Dr Meltzer and my court ordered name change and then I just had to go to court.  Heck, I didn't even have to say anything. 

Please let me know if you would like more information.  I can tell you that this was $800 well spent. 

-Sarah
Title: Re: Obtaining a WA state court order for gender change?
Post by: Ladysabertooth on October 26, 2017, 07:58:01 PM
I know this is a little old but does anyone have any information for Clark county? Or an attorney in Vancouver, WA I can contact for my partner? He will be getting a legal name change in March and I want to see about filling for sex change as well to get his birth certificate changed out of state or at least have a court order here in Washington to take care of all other paper work like SSI, DL ect....