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T's face some unique situations regarding the law, such as the requirement on ID forms to check Male or Female.
When ID forms ask for gender, which box you check depends on your own situation — how free and/or how committed you are to making the change. California's DMV allows a change of gender on your driver's license just for asking for it. To get a birth certificate changed requires certification by two doctor signatures. A passport may be granted with the new gender only for one year, with the tacit understanding that you plan to have the operation abroad. How will a gender change affect your health insurance? Your salary?
Here's an "I don't know": What happens if, for any reason, you are arrested and must spend the night, or longer? Are the police prepped as to where to put you? Assuming you have a choice, where would you feel safe? (answers welcome; contact webmaster)
(as of 1/1/05, subject to change)
You will need specifically:
- 982.2(b)(1) Civil Case Cover Sheet
- NC-100 Petition for Name Change
- NC-110 Attachment to Petition for Name Change
- NC-120 Order to Show Cause for Change of Name
These Forms can be found at the California Courts website.
Once you fill out the forms, sign them and make 4 copies, you'll need to take the forms,, one SELF ADDRESSED, STAMPED envelope, and somewhere around $240 to the County Clerk and file the forms. It's a simple procedure.
The SASE is used to mail you notification of the formal case assignment which simply tells you that your case is now in the system. You'll get this in 1-2 weeks from filing.
When you file, you will be asked to select a date for the court hearing. Pick a date 6-8 weeks away.
You will be handed a copy of the filing (with the assigned case number) along with hearing date filled in by the clerk. Take this package to any local newspaper and have them run the legal notice, which must be published once a week for 4 weeks.
At the end of the 4 weeks, the paper will send a "Proof of Publication" to the Court.
(as of 1/1/05, subject to change)
Changing one's gender at the DMV is relatively straightforward; they provide a form for this process (DL328).
However, with the increased security concerns in the United States after 9-11, changing one's name on a driver's license requires documentary proof that one has in fact changed the name on your birth certificate in your state of origin. They're sticky about the name change because so often one's driver's license is used to secure other identification cards.
The desired gender marker will appear on your new license. However, you should also update your name and/or gender change with the Social Security Administration. And your name change can be reflected on your passport, but your gender marker will not change unless you have completed gender reassignment surgery. An exception is granted for one year if you intend to go abroad, such as to Thailand, to have your surgery done there.
For more information on this subject...
Making up your own mind is the first step; no legal ramifications. Dressing the part often follows. Is it a crime to "impersonate" the other gender? No. Use a full-length mirror to check yourself; you are the first critic of how well you present. Venturing into public is a big step, and you quickly discover that clothes are only part of the presentation. Although you probably won't pass 100 percent of the time, in most public situations, no one really cares or is looking for you. Cashiers just want the bill paid, pedestrians have their minds on their own affairs. Observe how women/men behave, dress, talk. When passing by, check for second glances — that's a clue that something about you is not quite right. Back to the mirror and try again.
Chances are that you have taken no one, or maybe a few, into your confidence in the beginning. What about those chance encounters with your boss or your landlord? Again, what you're doing is not against the law, it's just unexpected. Here's where you test your own determination. Go right up to them as if it's perfectly normal; they won't have an automatic reaction, and it may be one of those few times when people really see each other. After the first few times, you might find yourself seeking out your friends, to see who are true friends (most) and the ones who will stop calling. You are embarking on a new life, and you will make new friends.
Having gender reassignment surgery is not illegal. However, you should check on your chosen doctor's credentials, former patients, and reputation in the T community. No hospital, to my knowledge, gives training in these operations; usually the new doctors have studied and worked with the pioneers. Not all procedures are the same.
Legal advice or services from a Santa Barbara lawyer knowledgeable about transgender issues is available at this site, and from Lisa Gilinger.
This site for the National Center for Transgender Equality can be useful.
For specific questions on gender choice on identification cards or incarceration, check with the Transgender Law Center or their publications page.
For general support, info, nad news, the Trans Youth Family Allies is an excellent resouce.
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