The Vital Statistics Modernization Act

The Vital Statistics Modernization Act (AB 433) became law Jan. 1, 2012. It alleviated the confusion, anxiety and even danger that trans people in California face when they have identity documents that do not reflect who they are. Authored by Assemblymember Bonnie Lowenthal, the act changed the documentation standard for obtaining a legal gender change in California from “surgery that changes sex characteristics” to “clinically appropriate treatment for the purposes of gender transition.” And, that “clinically appropriate treatment” is determined by one’s physician.

In other words, per the Transgender Law Center, AB 433 allows people who were born or live in California to use a simplified process that requires medical certification from any physician that the individual has undergone treatment as determined by their physician to correct identification documents to reflect their gender. This change conforms California’s standards to the standards first set by the federal government for the Department of State, and later for Veterans Affairs (VA) and Social Security Administration (SSA).

To change your documented gender in the state of California, you can look at the procedures and requirements found at the Transgender Law Center’s FAQ: The Vital Statistics Modernization Act web page. This web page spells out what California’s policy and procedures have been since Jan. 1, 2012. One of the requirements is a letter from a physician you have a doctor-patient relationship with and is familiar with your transition-related treatment.

That physician letter – sometimes referred to as a physician certification – needs to resemble the sample letter that’s found in the Department of State’s policy for changing one’s documented gender for a passport. The National Center for Transgender Equality (NCTE) identifies the format for that letter in their document Understanding The New Passport Gender Change Policy. The physician letter should be formatted as follows on the physician’s or the physician’s medical center’s original letterhead:

“I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), (DEA Registration number or comparable foreign designation), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).

“(Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify new gender male or female).

“I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.

“Signature

“Typed Name

“Date”

This letter can be submitted with a package of required documents to your county court to change your legal gender in California. After court proceedings where your gender is changed, you will receive a court order to that effect. That court order can be used for those born in California to apply to the state’s Department of Vital Records (VR) for a new, reissued birth certificate with the then court ordered gender. The new birth certificate should be received by applicant approximately six months after the application is received by VR.

You don’t need to have a court ordered change of gender to change your gender marker on a California Driver’s License or state issued identification card. The Transgender Law Center Website spells out the requirements:

“[T]o change the gender on your California state ID or driver’s license you must submit the California Department of Motor Vehicles (DMV) form DL-329 requesting the change. You can pick up a copy of the form at any DMV location or on the Transgender Law Center’s Web site. The DL-329 form needs to be completed by a licensed California physician or psychologist. You do not need to have undergone any specific medical procedure to get your license or ID with the correct gender marker. Your physician simply has to confirm that you’re expressing your gender identity full-time. If your psychologist completes the form, you will receive a license that is only good for five years, after which you will have to renew it and resubmit the DL-329 form.”

It should be noted that if you want to change your name on your California state identification card, you have to first obtain a court ordered name change.

Any trans person living in California who needs assistance changing their documented gender in the state can contact the Transgender Law Center by calling their offices at 415-865-0176, or by writing to them at info@transgenderlawcenter.org.