Hai. I'm over in the Androgyne forum myself and not transitioning, but my BFF is MTF and just got her letter to start her HRT. As a result she's decided to make her name change legal, and done nearly all the research and gathered the paperwork she needs, but we have a question that I'm hoping someone from NY State can help with.

In NY she's required to print her name change in the Newspaper, and most newspapers have digital versions these days, which makes her nervous, as far as leaving a digital paper-trail that could easily out her as trans. Passing is very important to her. She's nervous of being attacked for being trans.

So we're hoping someone here knows of any way to get it printed in the paper, but not put on the paper's website to be easily searchable forever?

Thanks in advance.

8^)

I don't know about NY unfortunately, but in my state when publishing the name in the local paper, they don't specify WHAT paper. It just has to be available to the public. So most people go find the most ridiculously obscure and scarce three-page special-interest 'newspaper' possible (you know, the ones only available in local barbershops or something and that don't even have websites) and publish in that.

It's public, the court is happy, everyone's happy. So perhaps something like that is possible?

I live in NY and will soon have to face this myself.  There is no way around publishing your name in a newspaper because it is required by the state; however, it doesn't specify which newspaper.    Therefore, if she could find a small paper that has a wide enough circulation to meet the judges criteria, she might be able to avoid it being posted online.  Most of the bigger newspapers in NY have digital copies, but it isn't definite that the smaller ones will post everything online.  Also, it would be unlikely that anyone would pick up on if it were in a small paper that few people read. Whatever she does, don't let her choose something like the Time or the post.  Those are read state wide and have digital copies.

By the way, all name changes in NY are part of the public record (unless you are changing your name for safety reasons).  So, no matter what she does to cover her tracks, there will always be a record of the change.  It sucks that the state couldn't be more sympathetic to trans people, but there isn't much we can do. 

Quote from: learningtolive on May 22, 2013, 11:28:32 AM
By the way, all name changes in NY are part of the public record (unless you are changing your name for safety reasons).  So, no matter what she does to cover her tracks, there will always be a record of the change.  It sucks that the state couldn't be more sympathetic to trans people, but there isn't much we can do. 

In my state (MT) changing your name because you are trans - and having to publish that - IS considered a risk to personal safety. Therefore, our courts will allow the name change to be performed under a sealed record. I'm doing this right now...they didn't bat an eye when I asked for sealed record. Standard procedure here for trans folks.

For NY, wouldn't there be a way to argue how publishing that your name is changing from one gender to another is a safety concern?

Quote from: ford on May 22, 2013, 11:33:25 AM
In my state (MT) changing your name because you are trans - and having to publish that - IS considered a risk to personal safety. Therefore, our courts will allow the name change to be performed under a sealed record. I'm doing this right now...they didn't bat an eye when I asked for sealed record. Standard procedure here for trans folks.

For NY, wouldn't there be a way to argue how publishing that your name is changing from one gender to another is a safety concern?

To be honest, I'm really not sure if there is a way around it, but I don't think they count it as a safety concern.  I think the safety concern applies to victims of domestic violence and things along those lines.  While I agree there is a good reason to protect trans people, I don't know if they would allow it.  However, if there is a way from avoiding it becoming part of the public record, I would certainly welcome that news.   

Quote from: learningtolive on May 22, 2013, 11:28:32 AM
I live in NY and will soon have to face this myself.  There is no way around publishing your name in a newspaper because it is required by the state; however, it doesn't specify which newspaper.    Therefore, if she could find a small paper that has a wide enough circulation to meet the judges criteria, she might be able to avoid it being posted online. 

I am having my name change taken care of by Sylvia Rivera Law Project in NYC and they told me they would publish in a very small very local neighborhood paper to cover that requirement, so learningtolive is correct about that situation.  Choose an extremely local neighborhood paper far from anyone you know to publish in and that should do it.

Most papers, wherever you name change is done, will have you back in the Legal Classified Ads and Announcements.  My petition was in between two summones by publication on divorce issues, and was near a notice of Sheriff's Sale For Taxes issued by the  agency I used to work for. 

You will not be too far from used car ads or the sale of old furniture.  Bargain hunters may see you, but rarely your next door neighbor.

In New York, these folks are helpful on TG name issues too  http://www.transgenderlegal.org/

Me « on: June 26, 2013, 07:58:29 pm »

.. This below can work in NYS   . 

Used by Mallory  quote..

"If you feel that publication of your change of name in a classified ad in the newspaper (which is normally required) would threaten your safety, you can ask the judge to waive that requirement."



"Pursuant to Civil Rights Law §64-a, I respectfully request that the publication provisions of Civil Rights Law §§ 63 and 64 be waived and rendered inapplicable because publication would jeopardize my personal safety. Publication would out me as a transgender person to the general public and violence against transgender people permeates our society."


_______________________________________________________

According to the law, if your safety is in danger you can have your name change request "sealed" right away [New York Civil Rights Law section 64-a(2)]. A sealed name change request cannot be found in the public records. The court file will stay sealed while the court considers the request.

After the judge rules on your name change, If the court finds that your safety is in danger, the law also says that you do not have to publish the name change in the newspaper and the court can seal your name change for good [New York Civil Right Law section 64-a(1)].

   
http://www.nycourthelp.gov/diy/nameChange.html