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Out of State Name Change


TrIIIy

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I am preparing to get my name and gender marker changed, but I have been unable to find out in which state I need to get it done. I was born in California, but I live in Mississippi. I know that I can get my name legally changed in Mississippi, but I don’t know where to get my gender marker changed. I want to have my gender legally marked as male, but do I need to amend my birth certificate for that? Does anybody know whether or not Mississippi will recognize a gender marker change without a birth certificate amendment? Thanks!

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  • Forum Moderator

There is no substitute for checking the regulations in all the relevant jurisdictions (Mississippi and California in this case).  However, usually, your state of residence handles name changes, and your birth state handles birth certificates. 

 

Gender is most often defined by your birth certificate (so handled your birth state), but there are exceptions.  Here in Nova Scotia, for example, there is provision to override the gender on one's birth certificate if you cannot get your birth certificate changed.  I benefited from that regulation (I lobbied to get it passed in the first place) because I could not get my birth certificate changed.  So right now, I am shown as male on my birth certificate, but legally female here.

 

So, definitely, check the regulations in both places.

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  • Admin

For California, where you need to go for the Birth Certificate, go to Transgender Law Center https://transgenderlawcenter.org/

or go directly to the Vital Records Division of the CA. State Department of Health.https://www.cdph.ca.gov/Programs/CHSI/pages/vital-records.aspx

 

CA will honor a Name Change order from Mississippi for changing the Birth Certificate. 

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Thanks for all of the replies. It sounds to me like I need to apply for a gender marker change in Mississippi and then follow up with California to make sure that they honor it. I have the links to get my birth certificate changed in CA, so I can do that if necessary.

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  • Admin

You get the Court changes first, and CA will honor those actions under the Sister State Judgment rule of the U.S. Const.

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  • 2 weeks later...
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I know to change the gender marker in WY, you just need a form filled out by your Dr. that states you are being treated. and are male or Female gender. Don't have have the surgery or even the name change. I could go right now with that letter and get my marker changed. Seriously thinking of it.

 

I was born in MI. and to change my birth certificate you have to have had SRS. I wonder if they would allow the change if my id says I am F? not M.

 

Kymmie

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I was born in MI also, and I believe that we need to have a letter from a physician stating that we completed the surgery.

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The law in Michigan states you need to have a physician, who has examined you after GCS, fill out a unique in the US form that basically says, "Yup, no penis here." Then you can do your birth certificate and social security number. I also COMPLETELY FORGOT to request my gynecologist fill that out. It seemed like a good fit considering that he's the only doctor I've seen in person since February and he's been, um, "All up in my business."

You used to need that for your driver's licence too, but they relaxed that requirement last fall and replaced it with an "On pain of perjury" form you can present at the secretary of state.

 

I'm going to write a note to myself for when I see him in August and have a copy of the form in my purse.

 

Hugs!

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My doctor gave me the form for the DMV and a letter for the social security administration. I got my name changed the day before I needed to renew my driver's license. I changed both at the same time. Here in NE in order to change the birth certificate I have to at least have an orchi. 

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