Today I finally mustered the courage to venture to the Probate Court & file for my name change.  The big high?  I passed, right out of the gate.  I feared the staff would backpedal when they read my birth name on the forms but they did not.  I walked out with a sense of acknowledgement, of relief, that is unfamiliar to me.

It is highly unusual for my court to refuse a name change.  In 4 to 5 days I should receive official notice along with my certified copies, etc.  I am very satisfied.

The big blow?  I was born in Kansas though I no longer reside there.  After sifting through their statues etc I finally decided to contact them directly with my questions regarding birth certificates and gender marker changes.

The response I received today is as follows:

"In the State of Kansas, we do not have the authority to amend the gender on a birth certificate do to an anatomical medical procedure based on K.S.A. 54-2422c and In re Estate of Gardiner, 29 Kan. App. 2dn 92 (2001).  If you have any further questions related to this type of birth certificate of amendment, please contact Timothy E. Keck at (785) 296-1334."

I am angry.  Personally, I don't get it.  The justification seems to be that they refuse because they feel I am not a man & therefore it would be a lie.  I don't get it because (in 1993) the state of Kansas amended my birth certificate (against my will) & changed the biological father information to that of my step father.  (While I understand that they are not the same, it is still DNA data that isn't *true*.)

Additionally, I currently reside in Kentucky.  The state of Kentucky says that they will only change the gender marker on a driver's license if the birth certificate has been changed.

I will not let the &#^$ states steal my pride over my name acknowledgement.  I will enjoy this feeling while it lasts.

Does anyone have any suggestions on a work around or am I simply screwed when it comes to gender markers?

I am from Kansas as well ... you can get your birth certificate gender marker changed ... They require that you have top and bottom surgery (a full hysto) ... I still need top surgery but once it's done I am getting mine changed.

Customer question: My sex or gender is listed incorrectly on birth certificate. How do I fix this?


Answer: If your sex or gender was listed incorrectly at the time of your birth, you need to provide our office with a notarized statement requesting that your sex or gender be corrected.

Customer question: I have had a legal name change. How do I fix my birth certificate?


Answer: If you have had a name change that would change your name on your birth certificate, then you will need to provide our office with a certified copy of name change order and a cover letter stating what you want done.

Note: You only want to change your name on your birth certificate if your name change is intended to change your birth name.

Kyle,

I'm sorry that this brought your good news day down just think of the awesome feeling you had when you got your name change. The other part definitely is a let down but don't let that ruin this joy for you! I was born in kentucky and raised there and TN and sometimes they can be a bit backward and behind the times of progress in some situations. Try to stay positive and continue to move forward!

I received an email from Kentucky a bit ago, regarding driver's license(s).

"Regarding your question below, Kentucky will accept a letter from the physician who performed the procedure stating that the gender modification has been completed. The gender modification letter must contain the physician's full name, address, signature and date."


I searched for K.S.A 54-2422c & best I can tell, it doesn't exist.  In the statutes, Chapter 54 is Oaths & Affirmations.

On the other hand:
Chapter 65 - Public Health - Article 24. - UNIFORM VITAL STATISTICS ACT - 65-2422c - Minor correction of records. -

65-2422c. Minor correction of records. The secretary may by regulation prescribe procedures for making minor corrections to certificates or records. Any certificate so corrected shall be marked "amended," and shall have such further marking as shall be prescribed by the secretary.  The medical certification portion of a death certificate signed by a district coroner acting in the district coroner's official capacity shall not be modified by anyone except the district coroner who signed the death certificate.

Additionally, in Kansas Administrative Regulations:

"(i) The items recording the registrant's sex may be amended if the amendment is substantiated with the applicant's affidavit that the sex was incorrectly recorded or with a medical certificate substantiating that a physiological or anatomical change occurred."

There may be hope yet. 

On a slightly different note, one major plus I've got going is that my name change will be complete before college starts next month.  It's my freshman year, so I'll start college life as Kyle.  The thought makes me really happy.  One less aspect of my life dramatically affected by transition.

Either way, I feel fantastic *right now* & that's the best I could hope for! 

Robert, that site page is actually what prompted me to inquire further.  Ah, the run around. 

Spring, thanks for your words of encouragement.  I'd like to tell you that I appreciate it.  It's nice to receive a gentle nudge every now and again reminding me that I'm not alone.  Likewise, thank you to everyone here at Susan's!  This place provides solace that I'm unaccustomed to.