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California AB 1121 second phase for easier name/gender change ~ in effect yet?

Started by Jennygirl, July 01, 2014, 05:26:15 AM

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riotgrrrl

Quote from: Kristina77 on August 23, 2014, 10:27:05 PM
Congrats!!! OMG I'm so happy for you!!! XD three weeks to for me still :( I swear that rude clerk gave me the latest court date she could find lol I think i'm going to have to probably inform the judge about AB1121 too though I could get lucky who knows i got my wavier granted after all.

Thank you so much n_n<3. My court date is coming up in September and time is flying by. It sucks having to wait a month just to go to court after filing papers. Just make sure to bring a copy of the law just in case. I'm so glad your fee waiver was granted, I made sure to fill the form out correctly the second time. Thus I got my fee waiver granted for the court order changing my gender. Good luck!
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Autumn

Quote from: riotgrrrl on August 22, 2014, 07:18:51 PM
Yay Autumn Im so happy for you I had to inform the judge about AB 1121 too. Flowers: here you go http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california
Thanks! Got my Social Security done, just waiting for that in the mail. Also went to the DMV yesterday and got that filed. Pretty sure my license is going to come back male though. I forgot to initial one part of the form  :(

Kristina77

Quote from: riotgrrrl on August 28, 2014, 03:04:19 PM
 

Thank you so much n_n<3. My court date is coming up in September and time is flying by. It sucks having to wait a month just to go to court after filing papers. Just make sure to bring a copy of the law just in case. I'm so glad your fee waiver was granted, I made sure to fill the form out correctly the second time. Thus I got my fee waiver granted for the court order changing my gender. Good luck!

no probz! :) Yup 2 more weeks for me it feels like the last 2 months have taken foreeeeevveeeer to pass X_x When's ur court date? Let us all know how it goes! Yeah I for sure am bringing a full copy of the law and everything so I don't hit any snags! Best of luck to you too! ^o^


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Lauren5

Coming back to see this; my doctor refuses to fill out NC-210\310 because she read on the CDPH website that surgical treatment. I'm pretty sure this is wrong, anyone have any solution to this?
Hey, you've reached Lauren's signature! If you have any questions, want to talk, or just need a shoulder to cry on, leave me a message, and I'll get back to you.
*beep*

Full time: 12/12/13
Started hormones: 26/3/14
FFS: No clue, winter/spring 2014/15 maybe?
SRS: winter/spring 2014/15?
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Khalysta

So I just got a call from the judge who is seeing my case tomorrow, saying I need to publish.  I don't think these judges understand what gender Identity is.  Has anyone who is on hormones and not had srs had any problems?
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Kristina77

Quote from: Khalysta on September 04, 2014, 04:26:27 PM
So I just got a call from the judge who is seeing my case tomorrow, saying I need to publish.  I don't think these judges understand what gender Identity is.  Has anyone who is on hormones and not had srs had any problems?

Funny you should mention.  If you look back up in the thread I pointed out that when I filed my petition, the clerks gave me a huge amount of trouble for not publishing, but I stuck to my guns and told them I didn't have to publish.  I ended up having to attend a 'mini' hearing of sorts where I just waited in line at the window, and the judge signed off no problems, not even a mention of the newspaper publishing!! So am I know officially my correct name XD

Lucky you though, I still have all the windows open on my laptop for documents I took just in case the judge was combative.  If I were you I would attend the hearing, and print out the following:

NC-100 form.  It says on page 2 that newspaper publishing IS NOT required for gender identity.  This is codified in law in California Civil Code Section 1277(a)(5).  Here is the full text of that section, I've bolded the pertinent points.

-----------------------------------------------------------------------------------------
1277.  (a) (1) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b),
(c), and (e), the court shall thereupon make an order reciting the
filing of the petition, the name of the person by whom it is filed,
and the name proposed. The order shall direct all persons interested
in the matter to appear before the court at a time and place
specified, which shall be not less than six nor more than 12 weeks
from the time of making the order, unless the court orders a
different time, to show cause why the application for change of name
should not be granted. The order shall direct all persons interested
in the matter to make known any objection that they may have to the
granting of the petition for change of name by filing a written
objection, which includes the reasons for the objection, with the
court at least two court days before the matter is scheduled to be
heard and by appearing in court at the hearing to show cause why the
petition for change of name should not be granted. The order shall
state that, if no written objection is timely filed, the court may
grant the petition without a hearing. If the petition seeks to
conform the petitioner's name to his or her gender identity and no
objection is timely filed, the court shall grant the petition without
a hearing.
   (2) A copy of the order to show cause shall be published pursuant
to Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
   (3) Four weekly publications shall be sufficient publication of
the order to show cause. If the order is published in a daily
newspaper, publication once a week for four successive weeks shall be
sufficient.
   (4) If a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent.
   (5) If the petition for a change of name is sought in order to
conform the petitioner's name to his or her gender identity, the
action for a change of name is exempt from the requirement for
publication of the order to show cause under this subdivision.

   (b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
   (2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
   (A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
   (B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
   (C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
   (3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
   (4) Notwithstanding paragraph (3), the court may, at the request
of the petitioner, issue an order reciting the name of the petitioner
at the time of the filing of the petition and the new legal name of
the petitioner as a result of the court's granting of the petition.

--------------------------------------------------------------------


If the judge is still combative at your hearing, then ask for a continuance to be issued so that you can secure legal representation.  Then contact the good people at the transgender law center http://transgenderlawcenter.org/. They can give you legal representation, they were the organization that lobbied for the passage of AB1121 to not have to publish name change in the newspaper for transgender individuals.  You should not answer any questions about any surgeries, hormone treatments, or any thing else pertaining to your gender if you filed an NC-100 for name change only.  You do not have to even be on hormones to change your name to suit your self proclaimed gender identity.


  •  

riotgrrrl

Quote from: Lauren5 on September 02, 2014, 01:52:45 PM
Coming back to see this; my doctor refuses to fill out NC-210\310 because she read on the CDPH website that surgical treatment. I'm pretty sure this is wrong, anyone have any solution to this?

Do you mean your doctor thought surgical treatment was required? That has not been the case for a long time now. You can get a court ordered gender change if you have undergone clinically appropriate treatment. This includes hormones and not just surgery.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

riotgrrrl

Quote from: Kristina77 on September 01, 2014, 04:33:12 AM
no probz! :) Yup 2 more weeks for me it feels like the last 2 months have taken foreeeeevveeeer to pass X_x When's ur court date? Let us all know how it goes! Yeah I for sure am bringing a full copy of the law and everything so I don't hit any snags! Best of luck to you too! ^o^

Hey Kristina sorry for the late reply! My court date is a little less than a week away! I am so excited now that I can be done with going to court and apply for the birth certificate I wish I have always had. Next step after I get my new birth certificate is applying for a social security card as I have never had one before.  As well as changing the information on my social security record. After that I can get my first CA ID and Drivers License as well as passport and job! Its meant to be how I'm adopted and had to change my birth certificate and social security record anyways.  It is under the name my birth mother gave me which is so sureal to me.  I'm so glad that everything is moving along nicely now that I turned 18 and medically started my transition. My social transition started at age 12 when my dysphoria was too overhwelming to not deal with. 
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

Quote from: riotgrrrl on September 16, 2014, 08:27:37 PM

Hey Kristina sorry for the late reply! My court date is a little less than a week away! I am so excited now that I can be done with going to court and apply for the birth certificate I wish I have always had. Next step after I get my new birth certificate is applying for a social security card as I have never had one before.  As well as changing the information on my social security record. After that I can get my first CA ID and Drivers License as well as passport and job! Its meant to be how I'm adopted and had to change my birth certificate and social security record anyways.  It is under the name my birth mother gave me which is so sureal to me.  I'm so glad that everything is moving along nicely now that I turned 18 and medically started my transition. My social transition started at age 12 when my dysphoria was too overhwelming to not deal with.

It's chill don't worry about it! :) Good luck with your court date!! I'm sure it'll go totally smoothly, but I know how you feel.  I just went to my hearing today and I feel such an overwhelming sense of relief and joy XD The judge signed it without question or mention of the newspaper publication and was super nice even saying she was excited for me!

I'm so happy for you 18 is such a great time to be changing all this stuff because yeah, you were going to have to do it anyways. I remember having to do all that junk (Social Security, DL, Birth Cert, etc.) when I turned 18 as my mom had lost my birth cert and social security card lol  From here on out no one has even right or reason to call us by our 'birth names' :D I really wish I'd have started younger, I too started having dysphoria really strongly at 12, but that was back in the late 90's and no psychologist diagnosed me as transgender sadly no matter what I told them :( That said tho hormones hit me really well when I started them almost a year ago at 28 and I've been passing/full time for over 9 months now XD so no complaints!

I still really envy girls like you though who started earlier, I feel like I missed out on so much by being afraid to take the plunge all those years. Life's been so much easier and happier now, we all deserve congrats for having the courage to be ourselves :)


  •  

riotgrrrl

Thank you it is coming up within the week. Luckily I got the same wonderful judge who granted my name change request.  I am so glad your hearing was successful yayyy!  Yeah this whole thing is just so meant to be and very validating that this is my true path. I agree NO ONE has that right anymore! Funny thing is I envy the girls like Jazz who started the hormone blockers before they ever had to experience the distress of testosterone and a male puberty.  The 90's were not a great time to be trans and they still aren't now and may never be. At least now the Healthcare industry is stepping its game up and giving us the treatment we need to survive. I am so glad you have had a successful transition so far. I could not imagine waiting so long, waiting till 18 feels like forever. I look back and wish I could get back all the time I've lost, too, but I know I have a lifetime ahead of me to make up for that. Passing is something that I am so grateful for it makes life at least a little easier. I agree life has been so much easier and happier now, and we all DO deserve congrats for having the courage to be ourselves. It is so validating to have a shared experience with another trans woman I have never had this truly happen before.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

Kristina77

Quote from: riotgrrrl on September 19, 2014, 11:32:00 PM
Thank you it is coming up within the week. Luckily I got the same wonderful judge who granted my name change request.  I am so glad your hearing was successful yayyy!  Yeah this whole thing is just so meant to be and very validating that this is my true path. I agree NO ONE has that right anymore! Funny thing is I envy the girls like Jazz who started the hormone blockers before they ever had to experience the distress of testosterone and a male puberty.  The 90's were not a great time to be trans and they still aren't now and may never be. At least now the Healthcare industry is stepping its game up and giving us the treatment we need to survive. I am so glad you have had a successful transition so far. I could not imagine waiting so long, waiting till 18 feels like forever. I look back and wish I could get back all the time I've lost, too, but I know I have a lifetime ahead of me to make up for that. Passing is something that I am so grateful for it makes life at least a little easier. I agree life has been so much easier and happier now, and we all DO deserve congrats for having the courage to be ourselves. It is so validating to have a shared experience with another trans woman I have never had this truly happen before.

Aw yay!! I see so u did the name & gender thing seperate? I totally know how you feel so much of me holding back before and being afraid of this or that was really foolish of me considering how everything's turned out so far :) lol I guess we girls will always find sumone to be envious of it's just our way XD So glad to hear too that you've had a really great transistion I'm so happy for you! As far as the waiting thing goes it's really complicated I'll have to tell you sometime :D It was really, really hard tbh but those days are behind me now! Pm'ing u! :)


  •  

riotgrrrl

Quote from: Kristina77 on September 20, 2014, 03:48:10 AM
Aw yay!! I see so u did the name & gender thing seperate? I totally know how you feel so much of me holding back before and being afraid of this or that was really foolish of me considering how everything's turned out so far :) lol I guess we girls will always find sumone to be envious of it's just our way XD So glad to hear too that you've had a really great transistion I'm so happy for you! As far as the waiting thing goes it's really complicated I'll have to tell you sometime :D It was really, really hard tbh but those days are behind me now! Pm'ing u! :)

Yeah I was initially going to do the gender change on my birth certificate through AB 1121, but I realized a court order is way more secure. It is LEGALLY changed, and that is important to me. I agree with you about the whole envy part. We are all just trying to be who we are. Thank you and I'm happy for you too! Yes you must share your story. I'm so glad you made it through the hard times. I pm'ed you too n_n!
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

riotgrrrl

UPDATE: I went to court and had my court ordered gender change granted! I asked the deputy if I could have a private hearing and he said he would tell the judge :). I had to wait till everyone had their session and then it was my turn. I was a little nervous as I had gotten a different judge and the one I had before was so nice. The judge asked me to state my name, told me all of my paperwork was in order including the doctor's declaration, and then said I grant you the petition with a smile. I was so relieved, I had a copy of the revisions they made to the gender change application process in 2012. I was surprised it is that recent, and since the other judge didn't know about AB 1121 I wanted to play it safe. When I returned to school I let the Registrar know I had my paperwork. Alot of the staff who knew about my name change were happy for me saying it's finally all done. Now I'm glad I can get a proper birth certificate, my first social security card, job, CA ID, and passport. Yayy! To all those who are concerned about finances I have no source of income and disabled parents. The fees were $450 each and I got them waived by filling out a fee waiver. It will work out for you, don't let money get in your way of a new beginning!
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

HexenPixi

I thought I'd share my experience.
Like Riotgrrrl, I dealt with the same situation with the clerk ignoring me when I attempted to inform her that the new law doesn't require me to publish my name change in the newspaper. She actually told me the opposite of what the law says (that I only don't need to publish if I'm seeking both). So I guess the Santa Monica Courthouse is as misinformed as the Riverside Court.

I paid my fee and immediately contacted the Transgender Law Center. I speak to a legal representative from there and he confirmed with me that the publishing of the name change is no longer required and gave me a form to take with me to the courthouse.

My court date is tomorrow and it seems that they are also not on board with the fact that if no one contests my name change petition, I do not actually have to go to my hearing. According to the clerk I called today, "this judge requires everyone to show regardless of any new law, and if you don't show, your petition will be dismissed." I didn't even get as far as finding out if my petition was contested or not.

Worse case scenario, I'll go to my hearing tomorrow and bring with me the print out, because I have the funny feeling this "friendly" judge will tell me I had to have published my petition in the newspaper 4 weeks prior; though it specifies on form NC 100 the complete opposite.

You would think the courts would be immediately informed about new changes and make it easier for people to just get past this juncture in their lives.

C'est la vie
"Eisbär ... müssen nie weinen ... "
  •  

riotgrrrl

It's frustrating to hear you had to go through the same thing. Sometimes it is just better to ask for a supervisor and let them know there needs to be some education going on.  I'm glad the TLC was able to help you out I contacted them but received no response so I took things into my own hands finding out as much information as possible.  I hope your court session is successful. Asking  the bailiff to have a private hearing when you give them the paper slip they have you fill out.  It relieved so much fear, anxiety, and stress for me to know I won't have to out myself up there in front of everyone and deal with possible consequences.  Bringing the official changes to the court system via their document is an extra security measure.   Here it is: http://www.courts.ca.gov/documents/W12-03.pdf   
The clerk doesn't know  or doesn't want to know what they are doing so don't rely on them for information that turns out to be disinformation. It will work out be positive it's hard but all these crazy legal processes are worth it :). You only have to change your name and gender once and it stays with you forever, unless you wanted to change it again.  The courts care about money fortunately some individuals within  the judicial system care about our rights.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

ErinS

Am I understanding correctly that you need to reside in CA for 1 year before changing your name/gender?  :-\

ETA: I found a cite online that there is no length of residency requirement, so I dunno. I'd MUCH rather change name and gender in CA versus Mississippi.  :(
  •  

Eva Marie

I am so sorry that you girls are having trouble with uninformed court personnel. I had my name and gender change done in Ventura county and it was absolutely painless, other than the clerk taking a bunch of time going over my paperwork with a fine toothed comb while pulling out manuals to reference when I was there to file the paperwork. She did say that "the procedure recently changed and I want to be sure" so I just bided my time and waited and everything turned out to be acceptable.

Court day was a total non event. I was first up and the judge asked me if I had any questions, and then he asked me if I had anything to add, and then he said that my paperwork seemed to be in order (thanks Kristina77!) and he signed the paperwork and then I was legally a female with a new name. I was prepared and had brought a copy of AB 1121 with me just in case but I didn't have to pull it out.

I felt kind of irritated that my $435 had only bought me about 30 seconds of court time  :laugh:
  •  

riotgrrrl

I had trouble and am glad to have overcome it and get all my legal changes done :). You were lucky to have an informed non biased court clerk who knows how to do their job.  Your court session is exactly how mine went except I asked to have it in private for my safety. I'm glad I got my fees waived its crazy expensive.
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

riotgrrrl

Quote from: ErinS on November 20, 2014, 10:49:57 PM
Am I understanding correctly that you need to reside in CA for 1 year before changing your name/gender?  :-\

ETA: I found a cite online that there is no length of residency requirement, so I dunno. I'd MUCH rather change name and gender in CA versus Mississippi.  :(

Wow your going to move to CA just to change your name and gender? That's a huge deal Mississippi needs to get their act together. I love your profile pic btw Lana is amazing<3
It's the fire in my eyes,
And the flash of my teeth,
The swing in my waist,
And the joy in my feet.
I'm a woman
Phenomenally.
Phenomenal woman,
That's me.
- Maya Angelou
  ☽O☾ Blessed Be
  •  

ErinS

Quote from: riotgrrrl on November 22, 2014, 03:36:01 PM


Wow your going to move to CA just to change your name and gender? That's a huge deal Mississippi needs to get their act together. I love your profile pic btw Lana is amazing<3

Lol no, I'm moving to CA regardless, whether or not I ditch my DL and get a CA ID immediately is going to depend on if I have to wait a year or not. I'd much rather do it in CA versus MS, I've had property in both states so it's really up to where ever it is easier.
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