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Changing Both Name and Gender on a Birth Certificate

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  • 10-22-2014, 06:57 AM
    daenur
    Changing Both Name and Gender on a Birth Certificate
    My question involves name change laws in the State of: TX

    I have lived in London, UK for four years. I have transitioned here, Male to Female, and I have successfully changed my name and received my full validity US Passport (with correct name and gender marker). I am also in the process of getting an updated Social Security Card

    I want to update my TX birth certificate to reflect my correct name and gender but the Texas department of records requires a court ordered name and gender change to do that. I have a Deed Poll (UK document of name change), a full validity US Passport, and a letter from my physician.

    As I do not live in Texas, as far as I am aware I cannot get a Texas or US court to recognise my name and gender change because without residence, no-one has jurisdiction.

    Does anyone know of a US court system for expatriates? I live in London, UK and simply need a 'US approved court' to order my name and gender marker change. I haven't found a way to get this at the federal level. When I contacted the consulate, they simply referred me to local UK solicitors.

    So to sum up, how can I obtain a court order (from any state or US court) as an expatriate? I can technically prove Texas residence if needed through my parents. I have significantly changed both my first and last names.

    Thank you in advance!
  • 10-22-2014, 07:04 AM
    jk
    Re: Name
    Texas has subject matter jurisdiction and you can accept their personal jurisdiction over you for this matter so yes, you can file whatever you need in a texas court.
  • 10-22-2014, 11:15 AM
    Taxing Matters
    Re: Name
    You don’t need to live in Texas to file an action in the Texas courts. The fact that you live in the UK simply means you’ll be doing this long distance. It will probably be much easier for you to contact a Texas attorney to handle this for you than for you to try handling his by yourself.
  • 10-22-2014, 11:27 AM
    Mr. Knowitall
    Re: Name
    Note, the fact that you can file an action by mail does not translate into your being able to complete the action without appearing in court. A lawyer may be able to find a way to avoid a court appearance that would otherwise be required. It looks like the extent to which Texas judges question petitioners who have filed name change petitions can vary a lot between courts and counties, so it makes sense to find out what the local practices are before you try to proceed without representation.
  • 10-22-2014, 12:58 PM
    flyingron
    Re: Name
    I'm still trying to figure out how you're going to get jurisdiction without residing in Texas for six months. Just because it's a Texas birth certificate doesn't mean they're going to accept jurisdiction. Section 45.101 of the Texas Family Code

    Sec. 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence.
  • 10-22-2014, 01:16 PM
    jk
    Re: Name
    the OP is wanting to amend the birth certificate. The courts order that would allow that would be from the court that approved the name change. As to the gender change; the form says: certification by medical attendant or affidavit and one document. I suggest OP contact the office of vital stats to find out exactly what they need there.

    file:///C:/Users/Jeff/Downloads/vs170.pdf

    Now, unless you are suggesting that anybody born in Texas cannot amend their birth certificate unless they remain a resident of Texas, I don't see why there would be any concern of residency.


    my rant:

    how do the facts at the time of birth change? You are born what you are and your name is what mom or dad put on the BC. That never changes. Now, I can see a correction if there was an actual error but to somehow change the facts surrounding the birth? Seems like a birth certificate is meaningless.
  • 10-22-2014, 02:51 PM
    flyingron
    Re: Name
    Note the sex change as well JK. I suspect they wish to erase the fact that they were ever of the opposite gender (both sex and the given name).
  • 10-22-2014, 02:59 PM
    jk
    Re: Name
    I see that "link" wasn't really a link.

    Op can google texas office of vital statistics and chase the path to the form for amending a birth certificate.
  • 10-23-2014, 06:04 AM
    daenur
    Re: Name
    Thank you all!

    I'm going to try to change just the first name and gender without a court order because I agree that the form does not seem to require it. I think this may be slightly unprecedented though as the only way to get a new Passport (which I will be using as my document proving the correct name) would not normally be possible to get without the court order.

    As for your rant, there are many resources and articles discussing how gender is not necessarily related to the bits you were born with. If we lived in a world which would truly treat everyone equally regardless of race/gender/creed/orientation/whatever then I wouldn't mind the world knowing that I was born other with male bits.

    The main reason to change one's birth certificate is that it is a matter of public record and could be used to out me in situations where I would not want to. Sadly, this could (and does) lead to discriminitory behaviours, not just in the United States, but worldwide.

    Thank you again, all, for your help. If the 'no court order' gambit doesn't work, then I'll likely seek representation in Texas. Here's hoping :-)

    Cheers!
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