The rejection comes without public notice or new law — even when all other government-issued identification reflects their current gender identity.
It is important that the identifying documents of transgender and gender non-conforming individuals be accurate reflections of one's gender identity and expression. It can present logistical hurdles and compromise your safety and security to have an ID that doesn't match how you present in the world. Florida courts have the authority to grant name and gender marker changes for adults and minors. Getting a court order will expedite obtaining correct identification from both the federal government (such as passports and social security cards) and state government (including birth certificates, driver's licenses, school IDs). If you are only wanting a name change, a simple process of fingerprints and background checks is required. Should you have any prior issues such as a bankruptcy, a criminal history, or a judgment against you, more information must be provided to the court so the judge understands you are not trying to avoid legal consequences.
Whether an adult or minor, if you also seek to change a gender marker from Male to Female or from Female to Male, surgery is not a legal requirement, although you will need to provide a letter from a doctor who can attest that appropriate clinical treatment related to the gender transition is being received. Here is an example of such a letter on the Social Security Administration website.
The court process for a minor seeking a name and/or gender marker change is filed by the minor's parents or legal caregivers and they are also the ones who do the fingerprints and background checks. If there is more than one legal parent or caregiver and they are in agreement, they can petition the court together on behalf of the minor. If they are are not in agreement, one parent or caregiver can petition and formally serve the other, who then has the opportunity to object at a hearing.
It's important to note that not all judges in Florida understand they have the authority to change a gender marker so outcomes may vary depending on which judicial division is assigned to the case. Elizabeth has engaged in the task of judicial education on the issue of granting gender marker changes and other issues facing the LGBTQ community for many years.
One the court order has been obtained, it's important not to stop there. Elizabeth can assist with the process of correcting the birth certificate as well. Each state and country has its own policies and procedures for changing the birth certificate. The State of Florida used to straightforwardly accommodate such requests, but unfortunately, they've recently starting pushing back at and denying these requests.
Elizabeth has been a pioneer on this issue in the State of Florida and can assist with this very specific legal process. Please advise if you have financial constraints so arrangements can be made to lower the fees and costs so this is accessible for you.
