New Law Passes for Post-Op Transsexuals!

[MrsKellyPierce]

IN the state of California! If you have gone through the sex change you may change your birth certificate to say female! Congrats to you lucky ladies! :)

[AngelinaTorres]

in France lots of girls who got their sex change can't change their birth certificate unless they pay a very good lawyer...
So Cali girls are lucky compare to France...

[AmyDaly]

I think its been that way for a while now. I think you have to have been born in california.

[MrsKellyPierce]

No this law is for any California resident :)

[putitinyou]

no to start anything but how does it help the ones who go through with it. also wont it cause problems for some 1 if like they get arrested fingerprints. just asking trying to understand

[Mayrah]

Congrats, here in the netherlands its like that too. :p

[AmyDaly]

No this law is for any California resident :)

Any link to the article? I think when you are born, you birth certificate is filed under the state that you were born in. I am pretty sure you have to change it in that state according to their laws.

[Jackal]

Well, I am glad to hear of one step in the right direction!

[Stealthnacho]

no to start anything but how does it help the ones who go through with it. also wont it cause problems for some 1 if like they get arrested fingerprints. just asking trying to understand

A couple ways it could help. The government is all about whats in black and white. On paper.

Well even with the repeal of DADT, transgender cannot serve in the military. If your birth cert says you are the gender you appear to be, who can prove otherwise? The entry physical has no invasive pelvic exam, just a visual exam and pregnancy test.

I don't hear a lot of girls on the site say they are dying to join the Army, but it's possible. Also I'm sure they could get past a lot of same sex marriage issues and be free to marry who they love?

[innocentbychoice]

I thought girls could change their legal gender to female after orchi.

[SunshyneMonroe]

u dont need srs to change u sex ne ways.... mine was changed before i had implants...cost me 3,500 tho

[theone1982]

Will this law be the model for a federal law?

[Paladin]

No this law is for any California resident :)

Good luck trying to get your birth state to change your cert if it is not Calif.

[BellaBellucci]

One state cannot have legal jurisdiction over a birth certificate in another state. You need to have been born in California. However, I'm pretty sure that if you have your driver's license changed, that is transferable to another state under reciprocity laws.


Will this law be the model for a federal law?

The Feds have no jurisdiction either. A law like this would be a violation of the 10th Amendment.

~BB~

[phobun]

he Feds have no jurisdiction either. A law like this would be a violation of the 10th Amendment.


As if the 10th Amendment has never been violated!

[MrsKellyPierce]

One state cannot have legal jurisdiction over a birth certificate in another state. You need to have been born in California. However, I'm pretty sure that if you have your driver's license changed, that is transferable to another state under reciprocity laws.



The Feds have no jurisdiction either. A law like this would be a violation of the 10th Amendment.

~BB~
Yeah thats what I am thinking too..my activist friend told me about it Amy..not sure where she heard it but she is an activist in California

[peggygee]

California - Obtaining a New Birth Certificate After Gender Reassignment (http://theipowa.org/?q=content/california-obtaining-new-birth-certificate-after-gender-reassignment)



http://www.ycpd.org/images/State%20seal.JPG

I have undergone gender reassignment. What is my next step toward amending my birth certificate?

A petition to have a new birth certificate issued that reflects the change of gender (and name if requested) must be filed with the Superior Court in the county where you reside (does not have to be in California, but must be in a U.S. territory) (Health and Safety Code Section 103425).
If you have already obtained a legal name change prior to filing your petition for a new birth certificate, your petition to the court must include an affidavit of a physician documenting the gender reassignment, and a certified copy of the court order changing your name (Health and Safety Code Section 103430).


In lieu of separate proceedings, you can file a single petition with the court for a name change and the issuance of a new birth certificate that reflects a change of gender (Health and Safety Code Section 103435). In this case, your petition to the court must include an affidavit of a physician documenting the gender reassignment.

How do I file a petition with the court?



We suggest you contact a family law attorney for legal advice in this matter. Our staff cannot provide legal advice, nor do we have information about the legal process.


There are also books available at bookstores or public libraries to help you with the court process.


You can also access the following website for additional information about the court process: www.courtinfo.ca.gov (http://www.courtinfo.ca.gov/).
You will need to complete an Affidavit to Amend a Record, VS 24.

You must include a certified copy of the court order gender reassignment and, if applicable, the court order name change. (See next section for explanation of “certified” copy.)
We do not return the court orders after the new birth certificate is prepared.

Although this item is not required, it would help our staff if you could include a photocopy of the current birth certificate if you have it (this helps us identify the exact record to be amended).
Mail the following items to our office using the address on the front of this pamphlet:


Completed VS 24
$ 20 fee
Certified copy of the court order
Photocopy of current birth certificate (if you have it)
If any of the required items are not included, your request will be returned to you for correction.
What is a “certified” copy of the court order?

1. A “certified” copy of the court order must be a copy of the order that was originally prepared by the court. It cannot be an original printout.

If the court gives you an original printout, please ask them to make a photocopy.

2. The photocopy that the court gives you must have:
a. An original court seal.
b. A signature (or signature stamp) of the judge.
c. A signature (or signature stamp) of the court clerk.

IMPORTANT:
How do I complete the VS 24?

PART II:

Item 8: Enter the item number from the current birth certificate that needs to be corrected. List only one item per line.

Item 9: Enter the incorrect information as it appears on the current birth certificate.

Item 10: Enter the correct information as it should appear on the birth certificate.

Item 11: Enter the Superior Court information (county, case number, etc.) for the court that ordered a new birth certificate reflecting a change of gender and, if applicable, a court order name change.


Items 12: Enter your personal information and signature.

Contrary to the instructions on the VS 24, two signatures are not required when using this form for gender reassignment.

What makes a VS 24 form “acceptable?”

Important Information

Birth certificates are legal documents that must be able to hold up in any court, unchallenged as to their accuracy and reliability. To help us prepare the new birth certificate accurately:


Every item on the amendment must be completed.
The amendment form must be an original, not a photocopy.
We must be able to read the information on the form. It is extremely important that the form be legible. Using a typewriter to complete the form ensures that the information is interpreted clearly.


If you are not able to type the amendment, it is extremely important that you take the extra time to print very clearly and legibly. Documents that are not legible will be returned to you to complete again.


Only black ink is acceptable.
There cannot be any erasures, whiteout, or alterations.
How long will it take to get my new birth certificate?

The processing time for birth amendments can be located on our website at:
http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/ProcessingTimes.aspx

Once I file the amendment, what happens to my original birth certificate?


When we receive the acceptable documents (and fee), we’ll seal the original birth certificate and replace the sealed record with a new birth certificate.


The new birth certificate will in no way indicate that it is not the original birth certificate.


The new birth certificate will be the only birth certificate available to the public. (The original sealed record will only be available through a court order – per Health and Safety Code Section 103440.)

What if I still have questions?

If you have read this pamphlet thoroughly and still have questions that were not answered in this pamphlet, please call (916) 557-6076 and leave your name, telephone number, and question.One of our Amended Records staff will return your call within 48 hours.
If you have questions on the status of your request, please call our Customer Service Unit at (916) 445-2684 – but only after the processing time has passed.
Order forms electronically at:
https://apps.cdph.ca.gov/AutoForm2/default.aspx?af=1184.

http://theipowa.org/?q=content/california-obtaining-new-birth-certificate-after-gender-reassignment

[peggygee]

For those that are in need of having their drivers license and Social Security information amended to reflect their correct name and gender,
please see:

http://theipowa.org/?q=content/california-how-change-your-name

[MrsKellyPierce]

Oh yay!

[onmyknees]

California - Obtaining a New Birth Certificate After Gender Reassignment (http://theipowa.org/?q=content/california-obtaining-new-birth-certificate-after-gender-reassignment)



http://www.ycpd.org/images/State%20seal.JPG

I have undergone gender reassignment. What is my next step toward amending my birth certificate?

A petition to have a new birth certificate issued that reflects the change of gender (and name if requested) must be filed with the Superior Court in the county where you reside (does not have to be in California, but must be in a U.S. territory) (Health and Safety Code Section 103425).
If you have already obtained a legal name change prior to filing your petition for a new birth certificate, your petition to the court must include an affidavit of a physician documenting the gender reassignment, and a certified copy of the court order changing your name (Health and Safety Code Section 103430).


In lieu of separate proceedings, you can file a single petition with the court for a name change and the issuance of a new birth certificate that reflects a change of gender (Health and Safety Code Section 103435). In this case, your petition to the court must include an affidavit of a physician documenting the gender reassignment.

How do I file a petition with the court?



We suggest you contact a family law attorney for legal advice in this matter. Our staff cannot provide legal advice, nor do we have information about the legal process.


There are also books available at bookstores or public libraries to help you with the court process.


You can also access the following website for additional information about the court process: www.courtinfo.ca.gov (http://www.courtinfo.ca.gov/).
You will need to complete an Affidavit to Amend a Record, VS 24.

You must include a certified copy of the court order gender reassignment and, if applicable, the court order name change. (See next section for explanation of “certified” copy.)
We do not return the court orders after the new birth certificate is prepared.

Although this item is not required, it would help our staff if you could include a photocopy of the current birth certificate if you have it (this helps us identify the exact record to be amended).
Mail the following items to our office using the address on the front of this pamphlet:


Completed VS 24
$ 20 fee
Certified copy of the court order
Photocopy of current birth certificate (if you have it)
If any of the required items are not included, your request will be returned to you for correction.
What is a “certified” copy of the court order?

1. A “certified” copy of the court order must be a copy of the order that was originally prepared by the court. It cannot be an original printout.

If the court gives you an original printout, please ask them to make a photocopy.

2. The photocopy that the court gives you must have:
a. An original court seal.
b. A signature (or signature stamp) of the judge.
c. A signature (or signature stamp) of the court clerk.

IMPORTANT:
How do I complete the VS 24?

PART II:

Item 8: Enter the item number from the current birth certificate that needs to be corrected. List only one item per line.

Item 9: Enter the incorrect information as it appears on the current birth certificate.

Item 10: Enter the correct information as it should appear on the birth certificate.

Item 11: Enter the Superior Court information (county, case number, etc.) for the court that ordered a new birth certificate reflecting a change of gender and, if applicable, a court order name change.




Items 12: Enter your personal information and signature.

Contrary to the instructions on the VS 24, two signatures are not required when using this form for gender reassignment.

What makes a VS 24 form “acceptable?”

Important Information

Birth certificates are legal documents that must be able to hold up in any court, unchallenged as to their accuracy and reliability. To help us prepare the new birth certificate accurately:


Every item on the amendment must be completed.
The amendment form must be an original, not a photocopy.
We must be able to read the information on the form. It is extremely important that the form be legible. Using a typewriter to complete the form ensures that the information is interpreted clearly.


If you are not able to type the amendment, it is extremely important that you take the extra time to print very clearly and legibly. Documents that are not legible will be returned to you to complete again.


Only black ink is acceptable.
There cannot be any erasures, whiteout, or alterations.
How long will it take to get my new birth certificate?

The processing time for birth amendments can be located on our website at:
http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/ProcessingTimes.aspx

Once I file the amendment, what happens to my original birth certificate?


When we receive the acceptable documents (and fee), we’ll seal the original birth certificate and replace the sealed record with a new birth certificate.


The new birth certificate will in no way indicate that it is not the original birth certificate.


The new birth certificate will be the only birth certificate available to the public. (The original sealed record will only be available through a court order – per Health and Safety Code Section 103440.)

What if I still have questions?

If you have read this pamphlet thoroughly and still have questions that were not answered in this pamphlet, please call (916) 557-6076 and leave your name, telephone number, and question.One of our Amended Records staff will return your call within 48 hours.
If you have questions on the status of your request, please call our Customer Service Unit at (916) 445-2684 – but only after the processing time has passed.
Order forms electronically at:
https://apps.cdph.ca.gov/AutoForm2/default.aspx?af=1184.

http://theipowa.org/?q=content/california-obtaining-new-birth-certificate-after-gender-reassignment


Interesting....so lets suppose prior to surgery you never had ocassion to travel internationally, but post op you do. You apply for a passport after you have changed your birth cirtificate. Will the federal government accept the new one? We all know what it's like dealing with the Post office !

[BellaBellucci]

As if the 10th Amendment has never been violated!

True. It's not exactly a virgin, is it? It's a dirty, nasty amendment. It's a lady in the streets, but a freak under the sheets. :lol:

~BB~

[theone1982]

True. It's not exactly a virgin, is it? It's a dirty, nasty amendment. It's a lady in the streets, but a freak under the sheets. :lol:

~BB~

Ah, the 10th amendement is just a damn cocktease!:):dancing:

[peggygee]

Interesting....so lets suppose prior to surgery you never had ocassion to travel internationally, but post op you do. You apply for a passport after you have changed your birth cirtificate. Will the federal government accept the new one? We all know what it's like dealing with the Post office !


The answer is yes.

Passport - Changing Your Gender Status (http://theipowa.org/?q=content/passport-changing-your-gender-status)

http://theipowa.org/sites/default/files/images/statedept.gif


Peviously, if you were travelling abroad to become 'a broad' you could have an 'F' designation denoted on your passport. Your passport would be valid for the period of one year.

Once you had GRS, you would re-apply for a permanent passport, which will be valid for ten years.

To get your name and sex changed on a valid passport, you will need a court-ordered name change and a notarized letter from your surgeon showing you have had sex reassignment surgery.

Submit form U.S. Passport Re-Application Form: DS-5504 formerly DSP-19.

Downloadable;
http://travel.state.gov/passport/forms/ds5504/ds5504_2663.html

As of June 10th 2010, transgender travelers no longer will need surgery in order to change their stated genders on U.S. passports, the State Department said Wednesday.

Beginning Thursday, a transgender person applying for a U.S. passport will just need to show a physician's certification that the applicant has "undergone appropriate clinical treatment for gender transition" to declare a new gender on a passport, the department said.

The State Department said there are guidelines detailing what the certification must include, but no other medical records are required. The government also said it's possible to obtain a temporary passport if a physician's statement shows that an applicant is in the process of gender transition.

Here is a link to the decision in toto:
http://www.state.gov/documents/organization/143160.pdf

http://theipowa.org/?q=content/june-10-surgery-not-required-change-gender-passports

[Equalizer]

wow so many issues to be a legal woman . good that i do not have to go through that. i have been lucky for some reason i am legally a woman. thanks god..

You were full time when you came to US, have citizenship?

[alyssaluxor]

was not full time no even dress up but for some reason i have been confuse as a girl. because i was under age if your dad or mom are citizen you are automatically a citizen all paper for some reason were fill out as a woman. you can say it was a mistake . but legally i am a woman...it happens.

wow im so happy for you girl!!!

[lisaparadise]

IN the state of California! If you have gone through the sex change you may change your birth certificate to say female! Congrats to you lucky ladies! :)in canada you dont need to have srs for a female birth certificate i had mine changed a decade ago my mp for brantford where i live did everything for me it was that easy.

[lisaparadise]

u dont need srs to change u sex ne ways.... mine was changed before i had implants...cost me 3,500 thowhat?you had to pay to get your sex changed from male to female?