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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need legal support a birth certificate altered

Customer Question

I need legal support for getting a birth certificate altered for a transgender person to reflect change of sexual identity.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a matter of first impression in MS, but courts in Louisiana and Arizona and other states are split on the issue. The AZ courts have held that completion of sex change surgery and validation by a qualified medical expert would allow for changing of a birth certificate, see: Beatie v. Beatie, 333 P. 3d 754 (AZ 1st App 2014)
However, courts in OH state the birth certificate gender at the time of birth governs and no such change is appropriate. See: In re Ladrach, 32 Ohio Misc. 2d 6 (OH Probate 1987). Other states like MA simply deal with this by having a law saying a birth certificate cannot be changed for any reason as long as it was correct at the time it was issued. Alabama allows a birth certificate to be amended for anatomical change. See: Cummings v. GREATER CLEVELAND RTA, 88 F. Supp. 3d 812 (USDC ND OH 2015).
MS has no such law or case law, so you need to argue that it is allowed in other states like AL and AZ and LA and ask the court in MS to recognize that it should be allowed in the state of MS.