6d ago

Is it even worth it to try to change my sex on my birth certificate now

Title

Idk if that dogshit executive order applies to birth certificates or if it's just passports and other federal identity documents. As far as I'm aware birth certificates are managed by the state and I live in a blue state (Minnesota), so I'm thinking maybe I could but idk.

I'm planning on using my passport that I got a few months ago as one of my supporting documents but I'm worried that it might get confiscated. (My passport has an F on it, my birth certificate currently has an M on it)

26 comments

Yes birth certificates are a state thing
Do it asap imo if it’s important to you. Social security cards and passports are likely suspended for the next four years at least, unfortunately. While I hope most states will resist this bullshit, who knows what the fuck will happen, thus asap
Minnesota is one of the pain in the ass states. You need either a physicians letter saying you’ve received appropriate clinical treatment or a court order to get a marker change
OutFront Minnesota can give you assistance or at least more info
- Thanks
  In Minnesota, afaik, getting a letter of ACT only requires a year of hormone therapy (there are exceptions for people who can't or don't want to afaik) and, for updating documents, is only necessary for amending the sex field on a birth certificate. I know many other states, primarily red states, have stricter requirements, or they just don't allow it period, so I consider myself lucky. I'm not aware of any states that let people amend their sex on their birth certificate without a letter of ACT though.
  At this point in time all of my documents say I'm female except for my birth certificate and all I'm currently waiting for is my ACT letter and my other supporting document to come in the mail.
  
  In my state the letter is optional but the court order is mandatory. The take away for anyone reading is that there is going to be red tape and you should get on this asap if it is important to you.
  Regardless of what state you live in there is probably, almost certainly, an org in said state that at a minimum has a website with all of the relevant info and likely will assist you through this as well.

Yes, absolutely get your birth certificate updated.
I recommend getting the legal name change done first so then you update name and gender on the birth certificate at once.
Some places don't fully re-issue the birth certificate if you don't have both changed at once, and they will show the old info and the revision on the same document. Obviously this is bad since it outs you, so do them both together.
- Thanks for your advice, though I actually have all my documents updated already except for my birth certificate. Sex is self determined here on driver's licenses and etc so all my other documents already have an F marker on it.
  I changed my name when I was about 8 months on hrt so I didn't qualify for getting an ACT letter then. So I figured I'd just change it later, but yeah I agree it'd be easier to do both at once.
  From what I have read my birth certificate changes will be private (only if done via court order) however my name change is public unfortunately. I don't think it's possible for that to be private here unless there's like a victim protection thing going on.
  
  You should talk to a lawyer about sealing the name change - they would know best whether it's possible, and they might be able to petition the court and attend the hearing for you. I haven't done it myself yet, but I plan to - and I know someone who has in another state.

I was born in a red state that won't let me change my birth certificate, even though I've lived in a blue state my entire life. I cried the day I made this realization. Then fuckface's executive order happened. At least my drivers license will have the right letter, I guess.
- Is it the one-star (out of five) state? Same here if so. Haven't even lived in that state since i was a toddler.

I don't know what the best choice is but; what I can say is that:
If I were anywhere in the US atm I'd consider changing any legal documentation once I've fled to a more reasonable pro-LGBTQ+ country
- Changing some documentation from afar can be difficult, for example for a legal name change you might have to file the court petition and attend a hearing in-person. Some courts have remote options, but not always. Being able to go in person and ask questions helps.
  So it depends on the document and what is required. I know someone who had to travel across the U.S. just to attend a court hearing to update their birth certificate, whereas I was able to update mine easily by mail. Either way, I don't encourage people to wait to get their legal documents in order, I encourage all trans people to get their documents updated ASAP (even before Trump won the election, every year seems worse for trans folks - now is probably better than later).
  I guess my point is that it's not that simple, each person will have to evaluate the risks and rewards.

Also wondering this. I actually have a change open right now, but I guess I needed a notary to sign something... I've been waiting each day to see if I should get the form signed and send it back.
Mild rant... but I don't understand why I need a notary (someone who knows nothing about me) involved in the process. Like, how are my court documents, updated driver's license, and updated Social Security card not enough to prove my identity...
- A notary is just there to verify the identity of the person signing papers. They really don't care about anything other than you are who you say you are.
  It's becoming less popular but I used to see convenient stores with "Notary Public" signs everywhere. And they would stamp anything you wanted for $20.
  
  I do get the idea, but I feel like if I'm sending in so many supporting documents, plus a check, that should suffice... I was told that UPS usually has a notary on staff, so that's my plan!
- A notary is a licensed professional ID checker. They certify that you are who you say you are. They are required for many important documents.
  The notary allows you to self select your gender marker without any other proof, and without having to appear in person to make the change.
  Not requiring other materials is a good thing.
  
  Seems pretty easy to become one. I am slightly interested in becoming one and offering services to the gender diverse people in my area and community!

AFAIK birth certificates are a state thing, and the federal order is for… well federal. If you were in a red state I’m not sure I would try it but you might be ok in a more blue one.

To my knowledge birth certificates tend to be entirely regulated by the state you were born in and so are not effected, but if you’re worried it might be worth getting a consultation with a practicing lawyer in your birth state with experience in trans legal issues.

You can get them from the county. Less than $30. Just go do it. All you need is the passport, cash, and an unsigned but filled out application.
https://www.hennepin.us/en/residents/licenses-certificates-permits/birth
If you don't have this part done then maybe research it a bit more:
https://transequality.org/documents/minnesota-identity-documents
- That seems to be just for getting a copy of a birth certificate and I need to do an amendment which isn't as easy as that.
  
  The first link and text of the post is about getting a copy of the birth certificate.
  The second link is about amendments and seems accurate as far as I can tell.
  Regardless you will probably want to order certified copies at the same time.

26 comments