Changing gender marker on Texas birth certificate?

[Guest jamesjustin]

Hello everyone. I was wondering if anyone here has changed the gender marker on their Texas birth certificate. The judge in my county said he's willing to sign my court order, but only if he has evidence that other people in Texas have done this.

In other words, I need to show him someone's signed court order for changing the gender marker on their Texas birth certificate.

If you have or know of anyone who has changed the gender marker on their Texas birth certificate, I would really appreciate your help ASAP.

[Guest Donna Jean]

.

Can't you Google it and find precedent and just show that to him?

In my birth state (Ohio, one of only 3 states that do not allow birth certificate changes) I'll always remain "male"

But Texas......

Texas (updated 2011)

Direct from the Amendment Specialists at the Department of Vital Statistics

Go to:

http://www.dshs.state.tx.us/vs/reqproc/forms.shtm

and open Form VS-2318.1A.

Print it out and fill it out.

The fees to file an amendment to a birth certificate are $15.00. The cost of a certified copy of the birth certificate is $22.00 for each certificate. The fees were raised in December of 2005. There are two styles of the birth certificate, a short form or abstract and a long form. The short form is printed from the computer system and will only show the new name, date of birth, place of birth, sex, and parent’s names. The long form is a photocopy of the original birth record filed with our office at the time of birth onto our certified paper that will show the amendment underneath. On the long form you will be able to see the old information and the new information and how it was changed. It is up to you which style of birth certificate you want. We will automatically issue the short form or abstract unless you specifically request the long form.

Along with your Application and fees you will need to submit a certified copy of the court order granting the name and gender change. The court order must have the original stamp or seal and signature of the clerk of the court. We can accept court orders from any state within the US. The court order does not have to come from a Texas Court if you do not live in the state of Texas.

We do not need a copy of the SRS letter or a photocopy of your driver’s license because the court will have verified all the information.

If you send us the Application, correct fees, and CERTIFIED COPY of the court order, your request will NOT be denied. The Vital Statistics Office in Austin, Texas is the only office that has the authority to make any changes or corrections to a birth certificate for a person born in the state of Texas.

The normal processing time for requests sent by regular mail is 6-8 weeks. Send your money, court order and application to: Vital Statistics Unit MC 2096, Tx Dept of State Health Services, PO Box 149347, Austin, Texas 78714-9347.

If you would like expedited services an additional fee of $13.00 is required. $5.00 expedite fee and $8.00 for our office to overnight the birth certificate to your address once the birth certificate is amended. Please use an overnight service such as Fed-Ex, UPS, DHL, ect… Do NOT use the Post Office. They do not hand deliver the package to our office and your request will only be delayed because it will come to our office as regular mail. If you use our expedite service, send your money, court order and application to: Vital Statistics Unit MC 2096, Tx Dept of State Health Services, 1100 W. 49th Street, Austin, Texas 78756. The processing time for the expedite service is 10-15 business days.

You can make one check or money order out for the total fees. One check or money order of $37.00 for the amendment filing fee and one certified copy of the birth certificate OR $50.00 for the amendment filing fee, one certified copy of the birth certificate and the expedited fees.

Donna Jean

[Drea]

Ever since the one case back in 99 with the TX supreme court ruling stating that regardless if one has SRS or not, the criteria is ones chromosomes. One can get it altered based upon a court order (presumably because chromosomes don't match the marker) but the former criteria (having SRS) is no longer valid.

It has been 12 years since then so maybe things have changed. I have heard rumors of some getting it changed in certain area. Mixed information. There is always chance to find a friendly clerk to just enter the change or a friendly judge to issue a court order to do so (even if it can't stand up to an appeal.

I suspect some actual research will turn up that case and the judge probably wouldn't upoin finding that.

If you are trying to do the ole slip birth certificate change with a name change thing, well good luck with that. I haven't heard that working in TX but know others have had it.

Perhaps the easiest way around the birth certificat thing in TX is just get a US passport. It is possible to get that marker changed these days even without SRS. Just need a doctor to certify your trans or something like that. Normally that be your therapist. If you don't have a therapist and you are seeking such changes, now might be the time to find out.

[Drea]

DJ posted that info there but it doesn't answer the question if anyone has.. Yes they will change it, if you get a court order. The rub is how to get the court order? That nice little bit of info there is a beaurocratic way of passing the buck to the court.

If there is a clear accepted process with the court anyone knows of for TX I be interested since I was born there. I figure I could get a NJ court where I reside to get one issue since I meet the NJ criteria, but unlike a name change where a basic petition form exists it would be sometwhat custom, likely involving a lawyer in NJ.

The passport avenue works. I have encountered no instances where a birth certificat was required where a passport could not be used as a substitute for the birth certificat.

[Guest jamesjustin]

Donna Jean - I know that legally it can be done, but I need actual examples of real people in the state of Texas who have had it done.

Drea - The judge is aware of that case in '99, but is still willing to change it if others have. I've already had my name changed luckily, and he was the judge for that court order too. He seems to be a nice guy, but I'm guessing since he's trying to get re-elected right now he doesn't want to do anything that might cause an uproar or something. I thought about getting a passport. I got Social Security changed today pretty easily, so I'm hoping a passport would be easy too.

[VickySGV]

Texas A&M has a TG presence at it. They actually sponsor a Transgender Justice Conference each year and could be a source of informaton for you, The group is on the colleges web site.

[Guest Donna Jean]

Donna Jean - I know that legally it can be done, but I need actual examples of real people in the state of Texas who have had it done.

Sorry, Hon.....I thought that that there may be something to help in there.....

I tried....

Good luck

Huggs

Dee Jay

[Guest jamesjustin]

Vicky - Thanks. Not exactly sure how to get in contact with anyone from there though...

Donna Jean - It's all good, thanks for trying to help.

[Guest jamesjustin]

Anyone else have anything?

[Guest Mia J]

I sure wish I did Jame but I don't hail from Texas and don't have a lot of experience with the state.

Mia

[VickySGV]

The biggest problem with getting legal documents in any case, is knowing who was involved and where, then it is pretty easy. There is a legal research service that unfortunately does cost money, but can be accessed at the local counties Law Library for a small fee. They could probably check state wide based on the type of case, IE Petition For Change Of Gender Designation. There may be quite a few and some have gone both ways. You do have a couple of legal services there in Texas. One of them is known by the folks where I pointed you earlier. Best way to get in contact with them, is google the web site up, and they do have contact information on the web sites. There is also a legal group in Houston that is involved in the Nikki Arugaz case to some degree. One of the attorney's who works for them posts here on occasion. I believe it is a pro-bono group, but they may also have a sliding scale fee system.

[Sally]

I cannot find anyone who has had the gender marker changed in Texas but as far as articles that do point to it taking place I consulted the Dallas Voice - there is an article about DART not changing the gender marker on an employee's records in spite of the corrected birth certificate which would indicate that it can be done.

I am not sure but I think that our moderator Sarah who has just returned from her surgery in Canada was born in Texas and should be getting that taken car of pretty soon - she lives in a very large area with multiple judges who have probably done this before - in the meantime I will see what else I can find out - I am a long way from SRS but I am going to be checking.

Love ya,

Sally

[Drea]

I am not sure but I think that our moderator Sarah who has just returned from her surgery in Canada was born in Texas and should be getting that taken car of pretty soon - she lives in a very large area with multiple judges who have probably done this before

Maybe forum moderators have special influence with Texas judges?

You make it sound so routine. I know of people who got it altered before the littleton case, but have only heard second hand rumors since and those involved some serious gray areas.

If Sarah gets altered, espeically via a routine accepted process I know many who would like to know.

[Guest Donna Jean]

I am not sure but I think that our moderator Sarah who has just returned from her surgery in Canada was born in Texas and should be getting that taken car of pretty soon - she lives in a very large area with multiple judges who have probably done this before

Maybe forum moderators have special influence with Texas judges?

You make it sound so routine. I know of people who got it altered before the littleton case, but have only heard second hand rumors since and those involved some serious gray areas.

Drea.....No, I really don't think that moderators have any special influence over judges...people on this thread are just trying to be helpful and compassionate to James by making suggestions and listening to his thoughts......

Those that can contribute anything helpful are welcome.....

Please don't belittle those that are making suggestions....right or wrong.

Donna Jean

[Sally]

This might be helpful - not just what I have heard or a guess on my part this is from the TS Roadmap and has been updated this year.

Texas (updated 2011)

Direct from the Amendment Specialists at the Department of Vital Statistics

Go to:

http://www.dshs.stat...proc/forms.shtm

and open Form VS-2318.1A.

Print it out and fill it out.

The fees to file an amendment to a birth certificate are $15.00. The cost of a certified copy of the birth certificate is $22.00 for each certificate. The fees were raised in December of 2005. There are two styles of the birth certificate, a short form or abstract and a long form. The short form is printed from the computer system and will only show the new name, date of birth, place of birth, sex, and parent’s names. The long form is a photocopy of the original birth record filed with our office at the time of birth onto our certified paper that will show the amendment underneath. On the long form you will be able to see the old information and the new information and how it was changed. It is up to you which style of birth certificate you want. We will automatically issue the short form or abstract unless you specifically request the long form.

Along with your Application and fees you will need to submit a certified copy of the court order granting the name and gender change. The court order must have the original stamp or seal and signature of the clerk of the court. We can accept court orders from any state within the US. The court order does not have to come from a Texas Court if you do not live in the state of Texas.

We do not need a copy of the SRS letter or a photocopy of your driver’s license because the court will have verified all the information.

If you send us the Application, correct fees, and CERTIFIED COPY of the court order, your request will NOT be denied. The Vital Statistics Office in Austin, Texas is the only office that has the authority to make any changes or corrections to a birth certificate for a person born in the state of Texas.

The normal processing time for requests sent by regular mail is 6-8 weeks. Send your money, court order and application to: Vital Statistics Unit MC 2096, Tx Dept of State Health Services, PO Box 149347, Austin, Texas 78714-9347.

If you would like expedited services an additional fee of $13.00 is required. $5.00 expedite fee and $8.00 for our office to overnight the birth certificate to your address once the birth certificate is amended. Please use an overnight service such as Fed-Ex, UPS, DHL, ect… Do NOT use the Post Office. They do not hand deliver the package to our office and your request will only be delayed because it will come to our office as regular mail. If you use our expedite service, send your money, court order and application to: Vital Statistics Unit MC 2096, Tx Dept of State Health Services, 1100 W. 49th Street, Austin, Texas 78756. The processing time for the expedite service is 10-15 business days.

You can make one check or money order out for the total fees. One check or money order of $37.00 for the amendment filing fee and one certified copy of the birth certificate OR $50.00 for the amendment filing fee, one certified copy of the birth certificate and the expedited fees.

I hope that is helpful, if your judge reads this part it is pretty obvious that it is OK to grant the change of gender or this would all be unnecessary.

Love ya,

Sally

[Drea]

Updated this year... Yes, in so many words, we will do it if you can get the court to say so. Basically that is what it says as I said before. That is how it has been for a long time now. I see no substantial change. Do I have to scan my rejection letter showing it saying more or less the same thing as quoted?

Hey, I think it would be great if Sarah gets it done in Texas and it is now possible to get it changed on a routine basis. Till then, isn't it all just smoke really? I understand and appreciate the desire to be helpful, but, as I am someone for whom this information is of material relevent, I am sorry if I find what is essentially pure conjecture that adds no real information about the actual situation not partticularly helpful and in some ways annoying.

Personally I don't find the inability to get it modified a big deal because I have the passport, but it certainly can't hurt so I am interested but it is far from the end of the world.