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Do you need to change your birth certificate?

Started by HeathNikolas, August 20, 2011, 01:11:59 AM

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HeathNikolas

I know many guys do, but I have seen a couple that like keeping there birth certificates original. What are the con's of not getting it changed? Will I still be able to get a passport or things of that nature if I don't? I live in California by the way. Thanks
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DogDeadByRaven

For the passport question it can complicate getting your passport if you have changed your name as they require both valid ID and Birth certificate. If the two don't match...that means more paperwork. From what I've seen from friends who have gotten passports whatever your birth certificate says is the sex marker they put on the passport. So unless you want to try and explain yourself to anyone that notices the opposite sex than you present. I've also been told its extremely hard to get that marker changed after you have already gotten the passport unless you can convince them someone mistyped.
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Arch

If you want to apply for a new passport (rather than renew an existing passport and change the name and sex on it), then you'll need a birth certificate. If you want to keep the original BC, you might still be able to get the right name and sex marker on a first-time passport if you have the correct supporting documents for name change and "sex change." You would have to find that out when you apply. There's always the possibility that the State Dept. screws it up, but they are pretty diligent about that sort of thing, and their new guidelines for changing sex markers are pretty fair.

When you change your BC in California, you get a brand new document. So if you have any changes that require proof of "female" birth, you would probably want to take care them before you change the BC. The Selective Service exemption, for example, requires proof that you were designated female at birth.

Some trans men don't like the idea of "erasing their past" by getting a new BC.

If you were born in CA, you can get a few copies of the original birth cert and keep them in a couple of safe places, just in case. Then you'll always have them if you need them for some purpose that arises unexpectedly. Once you have them in your possession, you can change the BC and use it to get a passport.

I think there are more advantages than disadvantages to changing the BC, as long as you have copies of the old one and as long as you take care of SSS right away. But I don't have any qualms about getting a brand new BC. I wish my birth state allowed that.

Do bear in mind that for identification and citizenship purposes, a passport is usually accepted in lieu of a birth certificate.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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cindianna_jones

There's a federal law on the books here in the US called the "Real ID Act"... I think that's what it is called, I may be wrong. It was passed in the last administration and required every individual to get a government verified photo ID. The states stuck their fingers at the Feds and not too much has come of it yet......

I got all paranoid about it and worried. I was born in Utah and until then, they would not actually change the birth certificate. They would only provide an amended birth certificate which sort of showed to the world the history of each blessed moment. BUT, that same year, someone in that fine state decided to treat us with some degree of humanity. So now, I do have an "amended" birth certificate, but it does not show why it has been amended. Curiously, in CA where I live, at the time when I had my DL changed from M to F, I received a special character in front of my DL number. This is used for people in witness protection and other similar circumstances. I have no idea why they did that at the time, but that's what I've got.

So, it will be interesting if I ever really need to get the Real ID or a passport, just what people will think when they see my identification ;)
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wheat thins are delicious

Quote from: DogDeadByRaven on August 20, 2011, 01:27:08 AM
For the passport question it can complicate getting your passport if you have changed your name as they require both valid ID and Birth certificate. If the two don't match...that means more paperwork. From what I've seen from friends who have gotten passports whatever your birth certificate says is the sex marker they put on the passport. So unless you want to try and explain yourself to anyone that notices the opposite sex than you present. I've also been told its extremely hard to get that marker changed after you have already gotten the passport unless you can convince them someone mistyped.

You can have an F on your license/birth certificate and still get a passport with an M.  There is a form that a doctor has to complete and send to the passport office.


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Arch

#5
I think I am a a little confused about your situation, Heath. If you can change your BC, then you can get a passport that IDs you as male. If you have had surgery (or if you have a doctor who is willing to write you a "transition completed" letter), then you should be able to apply for a first-time passport with a permanent M on it, regardless of what your BC says. If you have a doctor who is willing to verify that you are currently going through transition but haven't completed it yet, then you can get a temporary M on your passport. But you have to keep renewing that--every two years, I think.

Edited: I was addressing the wrong person.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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Aussie Jay

Cons I see are confusion, pains filling in forms, legalities - I really only see cons! I was just wondering if there is a reason you don't want to change your birth cert? I understand the wanting to keep one as a memory, I myself have such a copy but when I can change it I'll be straight to the BDM registry! To have everything M just makes sense to me - not to erase who I was or was trying to be but because it makes for less of a pain in the butt as I continue through life!

And it will allow me to legally marry a woman one day. In Australia one party must hold a female birth cert the other a male one.. And here I can't get a new M passport without a new M birth cert. My shrink said the main difference really will be if I get arrested I will still go to a female prison unless I've changed my birth cert! Lol - not really planning to test that out but!

Mostly I just want one the way it should have been from the beginning.

A smooth sea never made for a skilled sailor.
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tekla

It's a catch-22, in that you do not have to under all circumstances* have to produce an ID for the police, at the moment you refuse - or claim you don't have one - they can then detain you until they are satisfied with your identity.  Cali does not have a stop and identify law, though many states do, however there is no bigger fool than the idiot who is trying to play (unlicensed) Civil Rights Lawyer on the side of the road.  Lots of people play that game and all that is accomplished is that they get to spend a few hours sitting in the back of a cop car.

* - a minor does, so to does any person on parole, anyone in an area considered to be under Civil Unrest, anywhere where a crime has been committed
FIGHT APATHY!, or don't...
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RyGuy

I don't know if you're straight, but you won't be able to marry a woman if your bc says female.
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Arch

Quote from: -Ryan- on August 21, 2011, 01:06:00 PM
I don't know if you're straight, but you won't be able to marry a woman if your bc says female.

He might be able to if he leaves the BC at home and has an M on his passport and DL.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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RyGuy

Quote from: Arch on August 21, 2011, 04:50:48 PM
He might be able to if he leaves the BC at home and has an M on his passport and DL.

at least where i live, they require your bc or certification of live birth or whatever the other version is called
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HeathNikolas

Well thanks everybody! Yea, I can really see how it would make things a bit of a mess, I will probably end up making a few copies of my original then get it changed, that makes the most sense. I really do respect my past and that was something that just had a hold of me, it's my Birth Certificate ya know, I have a huge connection with it. I have not even started transition but I sure has heck am trying to get as much information in order to begin so I can get through this as smoothly as possible.
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Bahzi

I don't really have a choice in the matter, being born in Ohio.   Under no circumstance will they change a gender marker on a birth certificate here, be it the original or an amended version.  Kind of sucks, but so long as I can change it with the SSA once I have surgery, it shouldn't be too much of an issue.  I already had the marker changed with the BMV, all that requires is a doctor's letter now thankfully.
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RyGuy

Quote from: Bahzi on August 21, 2011, 07:53:48 PM
I don't really have a choice in the matter, being born in Ohio.   Under no circumstance will they change a gender marker on a birth certificate here, be it the original or an amended version.  Kind of sucks, but so long as I can change it with the SSA once I have surgery, it shouldn't be too much of an issue.  I already had the marker changed with the BMV, all that requires is a doctor's letter now thankfully.

man i'm so sorry... it sucks how us policy is all over the ->-bleeped-<-ing place. i had my drivers license changed because i told them i would be living as a male and will now have my birth certificate changed the my new name and male and the old one sealed and unavailable to be recovered by the public. (this is pennsylvania)
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Bahzi

Quote from: -Ryan- on August 21, 2011, 08:03:07 PM
will now have my birth certificate changed the my new name and male and the old one sealed and unavailable to be recovered by the public. (this is pennsylvania)

I think that's how the majority of states do it, right?  That being the best option, the next being an amended version that some states do. I know there's only 2 or 3 that won't change it at all, mine being one of them.  This is a conservative cesspool full of rednecks, I'd expect nothing less really, I can't wait to get the hell out of here.  It may change at some point though, because until a couple years ago, they wouldn't even change a driver's license without SRS.
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tekla

it sucks how us policy is all over the ->-bleeped-<-ing place.

Are you kidding?  Do you want Pennsylvania liquor laws everywhere?  Want the law of Mississippi to be the law of the land?  Should everywhere comply with California?
FIGHT APATHY!, or don't...
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Arch

Ryan, if you live in PA, then a birth certificate is not a requirement for a marriage license. Whoever told you that was mistaken. So if your documentation says you are male but you don't have a new/amended BC, you should still be able to marry a woman (if you want to). However, as in some states, various counties might recommend a BC, so you would want to avoid those counties.

Only a handful of states in the U.S. actually require a BC for all applicants; some simply recommend it, and that can vary by county. A few states require BCs for younger folks, but that sometimes varies by county as well. So it can pay to shop around and try a different county. Some states require a couple of forms of I.D., but you have a choice and can use a DL and a passport, for example. A number of states (or counties within some states) will recommend a BC but not strictly require it. If clerks/employees in such a state says that a BC is required, you can call them on it--and, if necessary, try a different office or county.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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cindianna_jones

Quote from: Bahzi on August 21, 2011, 08:16:36 PM
I think that's how the majority of states do it, right?  That being the best option, the next being an amended version that some states do. I know there's only 2 or 3 that won't change it at all, mine being one of them.  This is a conservative cesspool full of rednecks, I'd expect nothing less really, I can't wait to get the hell out of here.  It may change at some point though, because until a couple years ago, they wouldn't even change a driver's license without SRS.

I believe that here in CA, you can get an amended certificate, even if you were born in another state. It's worth looking into if you are really set on getting one. Of course, you would have to live here for a while.

Cindi
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Arch

Quote from: Cindi Jones on August 22, 2011, 01:17:57 AM
I believe that here in CA, you can get an amended certificate, even if you were born in another state. It's worth looking into if you are really set on getting one. Of course, you would have to live here for a while.

Transgender Law Center says, "While the statute explicitly applies to people born in California, equitable jurisdiction has been found to give courts authority to grant change of gender for people born outside of California. Some restrictions apply." http://www.transgenderlawcenter.org/pdf/ca_trans_law_101_overview.pdf. See the bottom of page 1. Then they direct you to Attachment E. I'm not sure where Attachment E is; it's not in this particular document, but I'm sure you can find it somewhere on their site.

I don't know of anyone who has done this, so I don't know how difficult it is. And nothing is said about name changes in this section, by the way.
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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