.avif)
Name Changes
Gender congruent documents are identification documents, such as driver's licenses, that match a person’s expressed gender identity. People whose IDs do not match their expressed gender presentation may be subject to harassment, intimidation, and discrimination.
Public health research confirms that having gender congruent identification documents increases the mental health and well-being of trans people, intersex, and nonbinary people. Individuals who were able to obtain gender congruent IDs had a remarkably lower rate of severe psychological distress and suicidal ideation.
Changing names and gender markers is a multi-step process that first requires a legal name change in a court procedure. The legal procedure usually starts with the filing of a petition and the original birth certificate. Some states require publication of the intended name change in a newspaper.
The next step is to change the birth certificate to the new name. Some states allow gender markers (sex designations) to be changed on a person’s birth certificate. A few states even allow a change to “X” for nonbinary and intersex persons.
A birth certificate must be changed in the state where the person was born. Last year, Iowa stopped allowing a sex designation to be changed.
However, name changes can still proceed there. Illinois does allow gender markers to be changed on birth certificates without medical documentation of a sex change. Wisconsin allows a gender marker change on a birth certificate after a sex change.
Estate Planning and Advanced Directives
An advanced directive is a document, such as a living will or power of attorney, that states your wishes if you become incapacitated. There are generally two kinds of power of attorney forms, one for financial decisions and the other for healthcare decisions. These documents are crucial to have on hand before a crisis arises, so that the person you designate is respected as the decision maker.
These documents can also make sure that the correct name and pronouns are used and that your unmarried partner is allowed to visit. A properly drafted last will and testament can not only state where your property goes after you die but also ensure that your children and pets are cared for by the person you choose. Some states even have forms that let you state what your wishes are for your body after death.
Confirmatory Adoptions
Another important area to protect your rights is confirmatory adoptions, especially if you have used assisted reproductive technology (ART) in your family formation, such as gamete donation or surrogacy. Even though you are on the birth certificate, this may not be enough to protect your parental rights.
A birth certificate is an administrative document, not a court order establishing legal parentage. The best course of action is to get a court decree recognizing you as a legal parent through a confirmatory adoption. This is also referred to as a second-parent, co-parent, or stepparent adoption in some states.
If you are seeking to protect yourself or your family in these areas, please contact us to arrange a consultation.
.avif)
.svg){kind=small}
