Q: |
I have just read your article entitled 'Legal Name Change' (along with
several other articles on the subject) in the TGForum library. I am a
full-time pre-op and I live in the Bay Area. I have already changed my
drivers license to my female name and gender and my SS card to my female
name following the procedures and forms you mentioned in your other
article. Thank you, that was very helpful. And I have changed almost
every other card, account, etc. This was all very simple and
do-it-yourself. I wonder about the necessity then of this court order?
I have not looked into changing my passport and birth certificate, or
university degree or high school diploma. I don't need these for
day-to-day life. So, am I legally female or not?
If I understand your article correctly, and I'm not sure I do, one needs
a court ordered name change to have one's name changed on the birth
certificate and passport? Is that true? If so, and I was born in
another state, do I then have to do this application in that state even
though I am a resident of California? And if I have to do it in
my birth state, how do I find out how to do it there? I don't understand
this: Does this mean that I have to physically go to my birth state and do
all this stuff? That just doesn't make sense! Can't I do this in
California? |
A: |
To change your birth certificate and your passport, as well as your university
degrees (usually), you will have to have a court ordered name change. This is
the general rule. There are some exceptions for the passport. You can get one
in your new name without the court order IF you have used the name exclusively
for five years and can get affidavits from people who know that. Otherwise,
you need the court order. You can get your sex changed to female on the
passport for one year along with the name change, but after that you have to
have the affidavit from your doctor attesting to the surgery. (The same thing
you need for the birth certificate.)
You know, I did forget to mention multiple state situations. The quick answer
is that, yes, you will need to change your birth certificate in your birth
state, because that is where the birth certificate was issued, and where it is
kept. You can change your name here, in fact, if you are going to do so, you
need to do it here as this is where you now reside, and the Superior Court in
the county of your residence has jurisdiction. Regarding the birth
certificate, the birth state court will honor the California name change
decree, but California courts have no jurisdiction to order the other state to
change your birth certificate. So you would need to petition the appropriate
state court. To do that, find yourself an attorney who practices there, and
let him or her worry about the details. As to whether you have to go to
there, that's up to the court. Were I doing changes to a California birth
certificate for someone who resides out of state, I would use their out of
state court order for the name change, provide the necessary affidavit from
the surgeon (if sex is being changed) and ask the court to waive the personal
appearance. It would then be up to the judge.
Are you legally female? I would say not - at least I'm pretty sure that if I
had argue against it I could convince a court you are not. I know your
driver's license says female, but you are pre-op, and DMV makes special
allowances for that situation. It makes life more convenient, but does not
legally change your status. Generally, that status ("legally" female) is not
conferred until one is post-op and the records have been changed.
So, there really isn't anything you need to do at the moment, but after you
have SRS you will want to finish the transition - which includes legal status,
for which you need the court ordered name change and birth certificate change.
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