I'm feeling extremely anxious and literally sick to my stomach now. I was born in one state and before I was even a toddler my parents moved us all to another state entirely. I've lived in the same state since, for more than 20 years I've lived in my current state. But I'm now wondering if changing my sex on my birth certificate has to be done under the law of the state I was born in, or can I do it by the laws of this state?

I'm freaking out because the state I live in now is comparatively awesome because "all" you need is a note from a professional saying you are the sex you say you are. Granted, I'm stuck in a non progressive, cis-centric, hetero normative area. I think I could probably find a gender counsellor about an hour from here in a more liberal part of the state and if I only had to go once a month or so I could afford that. In the state I was born in, the law is very unfair and in my opinion terribly non-progressive because you have to have a full "sex change" operation just to change sex on your ID. There's no way I will ever be able to afford this unless some cheap insurance starts covering it, I barely make ends meet as it is. In addition to the costs, and risks of surgery, the surgery for FtMs is really far behind so even if I could afford it I would be terribly disappointed, possibly even more dysphoric because of the end result.

you have to have your birth certificate changed in your birth state, since the procedure is that you usually submit it to the town clerk of the town where your birth was registered.

You have to do it in the state where the birth certificate was issued. My wife is in the same boat (moved as toddler from a terrible state to a great one), and it sucks.

Great.

Edit - I found this on a state Government website. It sounds like I have to talk to local county government but it's done by the state I was born in law? Probably the latter because that's always my luck.

"A petition to have a new birth certificate issue that reflects change of gender (and name if requested) must be filed with the Superior Court in the county where you reside (does not have to be (state), but must be in a U.S. Territory) (Health and Safety Code).

Then it says "In this case" regarding doing a name change and gender change at the same time instead of seperate proceedings "your petition to the court must include an affidavit of a physician documenting the gender reassignment". So while it doesn't specifically mention surgery, gender reassignment sounds like surgery and one website last updated in 2009 says something about full surgery.

Another website says " Whenever a person has undergone clinically appropriate treatment for the purpose of gender transition, the person may file a petition with the superior court in any county seeking a judgment recognizing the change of gender."

But yet it doesn't say what is considered "clinically appropriate treatment" and the official website I found is even more vague and just says "gender reassignment". I can't afford to go over to that state so far away and talk to a legal person there either.

You need to follow the rules of the birth state.

On the plus side if any public notices in the paper are required, you aren't a local 

But I do feel your pain. I now live in West Virginia, my TG group is in Maryland and I spent 95% of my life born, raised and living in New Jersey within 2 miles of midtown Manhattan. I epitomize culture shock

I changed my gender and name on my birth certificate with a court order from the state I live in.

I court order is still a court order wether your here or there, they still recognise the order as law.

I live in Illinois, I was born in Missouri.  Missouri had to change my name on my birth certificate, but not my gender.  Even though my gender marker is changed in the state of Illinois.  Until there are federal laws it will always fall to the state that issued whatever document you are trying to change. 

It's really ridiculous as many ftms never get this and some mtfs don't. Money is a huge factor, so this is really based on ability to pay. One could also lose their biological penis, say in war, and still be male. But rules are rules.

I am pretty sure you have to do the state that your birth certificate was in, as it's a *birth* certificate.

You MIGHT get away with having the doctor who performs/ performed your chest reconstruction write something like "x has completed all medical procedures/surgeries necessary..." It would be helpful to add that they are not reversible. It's not like they are going to be looking at it. This sort of answer might get interpreted in your favor.
I think what they are possibly looking for lack of reversibility and commitment to your gender, as god forbid if someone were to pick a new gender each week.

I am pretty sure that they would want surgery. I have heard that social security has taken stuff about taking T by doing the whole "all procedures medically necessary" route. but social security is probably a bit more progressive, if you want to call a big bureaucracy progressive.

The court order sounds like a route too.


--Jay

You have to do it in the state in which you were born.  Now, some people have had court orders from their current state stating they needed a gender marker change - however, the birth state does not have to follow the orders.  Some states are flexible and will ... some are not.  I currently live in MN where I am legally a male but Kansas my home state won't change my gender marker until I have both surgeries.

I know it is no doubt different state by state - but generally, how do you go about getting a court order?

Is it like name changes where there is a form, or is it rare enough you need to talk to a court clerk and ask them what you need to file?

I was born in Texas and they say they require a court order, but there is no information about what you need to try and file one, or even any indication what the process is.

The Wiki Staff comes to the rescue, here is a State by State guide. Thanks, Wiki Staff!

https://www.susans.org/wiki/Changing_sex_on_birth_certificates_in_the_US

Quote from: Devlyn Marie on February 11, 2013, 06:07:56 PM
The Wiki Staff comes to the rescue, here is a State by State guide. Thanks, Wiki Staff!

https://www.susans.org/wiki/Changing_sex_on_birth_certificates_in_the_US

I feel foolish for not checking the wiki.  Thank you very much for the link.

Don't be so hard on yourself! That's our job. Hugs, Devlyn