Changing gender on an out of state birth certificate

[phoenix2317]

What is the name of your state (only U.S. law)? Virginia

Okay, here's the deal: I'm a female to male transsexual, and have been living full time as male, post operative, for 4 years. I'm trying to get all of my documentation changed, and here's the problem: I don't live in the state I was born in.

To get my driver's license gender marker changed in Virginia (where I now live), I need to have my birth certificate with the changed/correct gender. To get that from Indiana (where I was born), I need to get a court order for them to change it. Trouble is, Virginia judge has no jurisdiction to order the INDIANA Department of Vital Statistics to do ANYTHING, and I can't file for a court order in Indiana because I don't live there. So, both places are telling me I'm out of luck--meanwhile, I have legal documentation that says I am female getting scrutinized every time it comes up because I'm not female. Any help or pointing in the right direction would be greatly appreciated.

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

Okay, here's the deal: I'm a female to male transsexual, and have been living full time as male, post operative, for 4 years. I'm trying to get all of my documentation changed, and here's the problem: I don't live in the state I was born in.

To get my driver's license gender marker changed in Virginia (where I now live), I need to have my birth certificate with the changed/correct gender. To get that from Indiana (where I was born), I need to get a court order for them to change it. Trouble is, Virginia judge has no jurisdiction to order the INDIANA Department of Vital Statistics to do ANYTHING, and I can't file for a court order in Indiana because I don't live there. So, both places are telling me I'm out of luck--meanwhile, I have legal documentation that says I am female getting scrutinized every time it comes up because I'm not female. Any help or pointing in the right direction would be greatly appreciated.

Have you discussed this with an attorney? I know of at least one occasion where an IN court ordered a BC changed that was issued in LA, and that was honored (in an adoption).

Talk to an attorney who is familiar with that particular area of law.

 

[phoenix2317]

I haven't talked to an attorney...I don't have a whole lot of money left over after bills and such at the end of the month and can't afford one.....that's why I was starting here. I was hoping there'd be a relatively easy answer.

Can you give me some more information about that, or any other case, in which an out of state court ordered another to do something? The judge here in Virginia told me that showing him a precedent of that happening would help.....

 

[LdiJ]

I haven't talked to an attorney...I don't have a whole lot of money left over after bills and such at the end of the month and can't afford one.....that's why I was starting here. I was hoping there'd be a relatively easy answer.

Can you give me some more information about that, or any other case, in which an out of state court ordered another to do something? The judge here in Virginia told me that showing him a precedent of that happening would help.....

He is looking for a precedent of a gender change being ordered from another state. That is why I suggested speaking to an attorney who is familiar with the issue. I mentioned the adoption situation only because that is something that I happen to be familiar with. I have no knowledge of changing a BC in a situation like yours.

You might look for resources online like support groups for people in your situation. They likely would have more information to offer.

 

[xylene]

I was hoping there'd be a relatively easy answer.

Has anything about changing gender been easy?

This is just another cumbersome issue. It will take time. It will take scrutiny and, like so many other aspects of transitioning it may require professional involvement.

I would suggest that you need to get a lawyer, but some stop gap measures would be to talk to some advisers you trust from your sex reassignment clinic, some of your fellow transition-ers, and the broader LBGT community resource base.

Obviously, some lawyers will have more expertise in, and sympathy for cases such as yours. Even if avenues such as above do not yield easy DIY answers, they can help plug you into the appropriate legal counselor at a price that can be afforded.

 

[ecmst12]

Perhaps someone from Lambda Legal could offer some advice?

 

[Mass_Shyster]

I can't file for a court order in Indiana because I don't live there.

What do you base that statement on?

 

[Golfball]

What is the name of your state (only U.S. law)? Virginia

Okay, here's the deal: I'm a female to male transsexual, and have been living full time as male, post operative, for 4 years. I'm trying to get all of my documentation changed, and here's the problem: I don't live in the state I was born in.

To get my driver's license gender marker changed in Virginia (where I now live), I need to have my birth certificate with the changed/correct gender. To get that from Indiana (where I was born), I need to get a court order for them to change it. Trouble is, Virginia judge has no jurisdiction to order the INDIANA Department of Vital Statistics to do ANYTHING, and I can't file for a court order in Indiana because I don't live there. So, both places are telling me I'm out of luck--meanwhile, I have legal documentation that says I am female getting scrutinized every time it comes up because I'm not female. Any help or pointing in the right direction would be greatly appreciated.

Do you have a valid VA court order already, and IN Vital Statistics is refusing to honor it? Or is the VA court saying "We have lack personal jurisdiction over the ordered party, any order we write is therefore moot, so go away."? What kind of jurisdiction is being griped about, anyway?

And why can't you file in IN? (Already asked in-thread, but it's important!)

I would think (but see my signature) that you could file in IN (thus placing yourself under the court's jurisdiction for the matter at hand), unless there's something bizarre going on.

You will probably need an attorney, but since the other party isn't overtly hostile (i.e. you're not dealing with a contentious divorce!), it may be cheaper than a more contentious matter. (It still won't be easy, since you are dealing with the govt.)