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is the gender marker changed by birth sate or by the state you live in?

Started by BrendonJ, July 06, 2014, 09:50:26 PM

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BrendonJ

My birth state (Florida) requires SRS while my current state (Oregon) isn't that strict. I think you go by birth state but I'm having trouble finding anything to confirm it.
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mrs izzy

Your birth certificate is issued by you birth state. Unless you where born out of country and that is done through the state department

Isabell
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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Blue Senpai

Quote from: mind is quiet now on July 06, 2014, 09:59:52 PM
Your birth certificate is issued by you birth state. Unless you where born out of country and that is done through the state department

Isabell

How would it be done if you were born outside of the USA?
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mrs izzy

Quote from: Blue Senpai on July 06, 2014, 10:01:34 PM
How would it be done if you were born outside of the USA?

as in born to parents that are us citizens and living abroad at the time of your birth.

that will have to be issued by the state department.

Isabell
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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Blue Senpai

Quote from: mind is quiet now on July 06, 2014, 10:04:24 PM
as in born to parents that are us citizens and living abroad at the time of your birth.

that will have to be issued by the state department.

Isabell

They weren't US citizens when they had me.
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mrs izzy

Quote from: Blue Senpai on July 06, 2014, 10:09:12 PM
They weren't US citizens when they had me.

Then it will go by how the country you where born in handles there birth certificates.

Only applies if you are a US citizen or can clam at birth.

Isabell
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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Sydney_NYC

Quote from: BrendonJ on July 06, 2014, 09:50:26 PM
My birth state (Florida) requires SRS while my current state (Oregon) isn't that strict. I think you go by birth state but I'm having trouble finding anything to confirm it.

For your Birth Certificate, it's based on the state you were born in. For ID (Driver's License) it's the state you live in (currently have a license in.) Some states (like TN where I was born) will not change the gender on the birth certificate for ANY reason, including SRS. Fortunately I live in NJ, and getting the gender marker changed on my DL was pretty easy with a form filled out by my HRT doctor. (No SRS required.) Plus I can get my passport gender marker changed without SRS.

Your name change needs to be done in the state you live in usually through a court order. You will send a certified copy of the court order to the state you were born in to change the name, but you will have to have SRS to change your FL birth certificate.
Sydney





Born - 1970
Came Out To Self/Wife - Sept-21-2013
Started therapy - Oct-15-2013
Laser and Electrolysis - Oct-24-2013
HRT - Dec-12-2013
Full time - Mar-15-2014
Name change  - June-23-2014
GCS - Nov-2-2017 (Dr Rachel Bluebond-Langner)


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tgchar21

It's the state that issues/issued the document in question - for a birth certificate it's the state where you were born, for a driver's license or other ID it's the state that issues the ID.

@Blue Senpai - Since it appears you're a naturalized U.S. citizen you can look to see the policy on changing your naturalization certificate (which for most functions within the U.S. is what you'd use for proof of citizenship - which is what they generally want to know when they ask for a BC). As I've said before what a foreign BC says is for most purposes meaningless within the U.S. (if you were an alien in the country it'd generally be your foreign passport that governs what your name/gender is for legal purposes).
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Blue Senpai

Quote from: tgchar21 on July 07, 2014, 08:06:49 AM
It's the state that issues/issued the document in question - for a birth certificate it's the state where you were born, for a driver's license or other ID it's the state that issues the ID.

@Blue Senpai - Since it appears you're a naturalized U.S. citizen you can look to see the policy on changing your naturalization certificate (which for most functions within the U.S. is what you'd use for proof of citizenship - which is what they generally want to know when they ask for a BC). As I've said before what a foreign BC says is for most purposes meaningless within the U.S. (if you were an alien in the country it'd generally be your foreign passport that governs what your name/gender is for legal purposes).

Okay, that makes sense! Thanks.
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Sabine

Quote from: tgchar21 on July 07, 2014, 08:06:49 AM
It's the state that issues/issued the document in question - for a birth certificate it's the state where you were born, for a driver's license or other ID it's the state that issues the ID."


That's how it worked out for me. What each state needs varies. As it happened, my state of residence only needed my change of name document for my DL gender marker change and that was it, apart from a special form.  For some reason my state of residence also notified my birth state about the name change, and the birth state contact ME asking if I wanted to change my birth certificate and even sent me the forms. All I needed was a letter from my FFS surgeon stating I had surgery that put me into the F category -- and that didn't need to be SRS. I had a new birth certificate in a couple of weeks. It was really fast.

I changed my passport easily. State only needed the letter from FFS, but as I had the birth certificate and DL, it was a bit of an overkill.

Don't forget contacting the Social Security Office. They will do a name change, but not a gender marker until you have a surgeon's letter for SRS, at least that was they way it was last year. Rules change. 

It DOES take months to update credit cards, all your utilities, cable, phones, any mortgage or car loans etc. Most of the time they already have a policy in place and just need you to fill out a form and provide the name change document. It's easy to overlook or put off something, but what you overlook can come back to bite you.

In all cases, I had no push back from bureaucrats. In fact, several who I dealt with face to face (SSA, State Department, DL, and name change) were pleased to do it as it was something different.

It's a pain, but if you are organized, it isn't so bad.
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LordKAT

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Sabine

Quote from: LordKAT on July 16, 2014, 10:19:23 PM
Surgery is NOT required for gender change at SS.

That's a welcome change. I was at an area office last year in February and they wanted the SRS letter. Either it's changed, or the official didn't understand the rules (which is quite possible, though he was helpful otherwise), and he did talk to a supervisor. I had been warned ahead by some others that it was needed so I didn't expect otherwise, but I tried. As a credit check doesn't list gender, I wasn't that irritated. The office is nearby and it's just popping round with the letter this fall. It hasn't been an issue for me. 

UPDATE: I looked it up. It appears SSA changed policy in June 2013, which is 4 months after I was there. I may pop round next week and update. Thanks!
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LizMarie

Different ID have different requirements. The state where you live controls your driver's license. They will have their own requirements. The state where you were born will have their own requirements. Social Security has its own requirements. State Department has its own requirements for passports. It's all a rather complicated mishmash of organizations and differing requirements.
The meaning of life is to find your gift. The purpose of life is to give it away.



~ Cara Elizabeth
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darkfox91

It depends which document you're trying to change. If you're changing your driver's license, you'll go by your current state of Oregon. For updating your birth certificate you'll have to go through your birth state of Florida. It really is kind of a maze of rules when you do get around to changing everything. Ironically the easiest one to update is your passport which only requires a letter from a therapist.
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Jessika

Hi,
After reading the replies I was curious...

As a retired Military Vet, born in Germany (German Mom, American Dad) and Naturalized in the US. (I have a US Passport and Naturalization Certificate) and living in Florida...

What would I be looking at in the future for the changes? How would that affect me?

Thanks

Jessika

My Fantasy is having Two Men at once...

One Cooking, One Cleaning.  ;D 








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Devlyn

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Sydney_NYC

Quote from: Jessika on October 24, 2014, 07:16:06 PM
Hi,
After reading the replies I was curious...

As a retired Military Vet, born in Germany (German Mom, American Dad) and Naturalized in the US. (I have a US Passport and Naturalization Certificate) and living in Florida...

What would I be looking at in the future for the changes? How would that affect me?

Thanks

Jessika

You would do the name change in FL and get the court order. All you really need to worry about is you DL (FL requires SRS for Gender Marker change) and your US Passport (that you can change your gender marker without surgery) You could do your Naturalization Certificate with the same letter as your passport. A passport trumps any requirement for a birth certificate. I was born in TN and TN will not change the gender marker even with SRS. However since my passport has the corrected gender marker and name, even if I move to a state like FL that requires SRS for Female on the DL, all I have to do is show my NJ License and US Passport that both have "Female" and I would get a FL DL with Female since I wouldn't have to show my birth certificate.

I do know someone in TN that got there DL in DC (using a family members address) got their gender marker changed in DC and US Passport, waited 2 years and got their TN license with the correct gender marker without SRS. However I don't think that will work in FL since I've heard they keep a record of SSN going back many years of DL issued.

Another thing a friend in NH did was this. (NH also requires SRS for gender marker change.) She first had here license changed with female name and male on the gender because of the requirement. (BTW, she passes 100%) She changed her passport and then her renewal came up a year later on her DL. She used her passport (not her birth certificate) for her ID documents and the woman behind that counter said "Oh, there is a mistake here, they have the wrong gender on your DL, I'll fix that." She responded with a "ohh, I never noticed, thank you!!!" She got lucky but was hoping that would happen and it did. The reason being that someone being transgender is the last thing on peoples mind most of the time.
Sydney





Born - 1970
Came Out To Self/Wife - Sept-21-2013
Started therapy - Oct-15-2013
Laser and Electrolysis - Oct-24-2013
HRT - Dec-12-2013
Full time - Mar-15-2014
Name change  - June-23-2014
GCS - Nov-2-2017 (Dr Rachel Bluebond-Langner)


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justpat

   Florida changed DMV gender marker requirements on 07/29/2011 to align with passport requirements. You need a letter from your attending physician with a knowledge of your transition you do not need GCS. If someone would like more info PM me. I have the change documentation.
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Sydney_NYC

Quote from: justpat on October 24, 2014, 09:54:24 PM
   Florida changed DMV gender marker requirements on 07/29/2011 to align with passport requirements. You need a letter from your attending physician with a knowledge of your transition you do not need GCS. If someone would like more info PM me. I have the change documentation.

Awesome!!! Glad to hear that! Every state should do that. Just glad I'm in one that does :)
Sydney





Born - 1970
Came Out To Self/Wife - Sept-21-2013
Started therapy - Oct-15-2013
Laser and Electrolysis - Oct-24-2013
HRT - Dec-12-2013
Full time - Mar-15-2014
Name change  - June-23-2014
GCS - Nov-2-2017 (Dr Rachel Bluebond-Langner)


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Jessika

Thank you all so much!  :)

So when the time came it would be:
1. Name Change in Court
2. Passport
3. Naturalization Cert
4. DL and SS

In that order I suppose. :)

Jess
My Fantasy is having Two Men at once...

One Cooking, One Cleaning.  ;D 








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