Transgender or “trans” people may choose to change their legal name and/or gender marker as part of their journey to live like themselves. Many wealth and estate planning professionals are unaware of the steps required to make these updates or the specific financial and estate planning issues for the LGBTQ community. The second reason is the one you may not expect, and that`s security. The statistics on violent and hate crimes against LGBQ people, and trans people in particular, are alarming, with trans women of color among the most vulnerable populations in the world, including here in the United States. While a person`s gender identity can be a matter of life and death, it is especially important that the data in their life accurately reflect their gender identity. In addition, correcting up-to-date social security records and identity documents can help avoid confusion, harassment, or even outright discrimination in the workplace. In other cases, courts claiming to consider a child`s interests have ruled against the transgender parent, resulting in the parent losing access to their children because of their gender identity. For example, in Cisek v. Cisek, the court terminated the visitation rights of a transgender parent, noting that there was a risk of psychological and social harm to the children. The court asked whether the parents` sex change was “merely a fantasy indulgence.” An Ohio court has imposed an indefinite moratorium on visitation, saying it would be emotionally confusing for children to see “their father as a woman.” [20] In August 2022, a federal judge in Nebraska ruled against a transgender woman who had been denied gender-based care in prison and placed her in a cell with a sex offender who sexually assaulted her.

The main difference is that you need a letter signed by a doctor stating that you have undergone “clinically appropriate treatment” for sex reassignment. Plus, you can file your sex change petition in any California county, not just the one you live in. According to the Department of Justice in 2022, 50% of people who die in hate crimes against LGBT people are trans women, with sexual assaults occurring frequently after their murders. In addition, 50% of transgender people experience physical violence after disclosing their trans identity to a loved one. [122] In Romania, it is legal for transgender people to change their first name to reflect their gender identity based on personal choices. Since 1996, it has been possible for a person who has undergone genital reassignment to change their legal sex to reflect their postoperative sex. Transgender people then have the right to marry on the basis of their postoperative sex. [163] In Peru, transgender people can change their legal gender and name after meeting certain requirements, which may include psychological and psychiatric assessments, medical intervention, or sex reassignment surgery. Judicial approval is required.

In November 2016, Peru`s Constitutional Court ruled that transsexuality is not a pathology and recognized the right to gender identity. However, positive court decisions on gender reassignment have been appealed. [191] Federal hate crime legislation provides limited protection for gender identity. Matthew Shepard and James Byrd, Jr.`s Hate Crimes Prevention Act of 2009 criminalized “intentional assault (or attempting to do so with fire, a firearm or other dangerous weapon)” on the basis of a “real or perceived” identity. However, protection against hate crimes motivated by a victim`s gender identity or sexual orientation is limited to “offences involving interstate or foreign commerce or taking place within the special maritime and territorial jurisdiction of the Confederation”. This restriction applies only to gender identity and sexual orientation and does not apply to race, colour, religion or national origin. [250] As a result, hate crimes that take place outside these jurisdictions are not protected by federal law. Cynthia and Paula described some of the challenges transgender people face in updating their important files, as well as the issues and scenarios that legal counsel need to consider when helping clients with their estate planning and legal documentation needs. Take conscious action to learn more about the LGBTQ community. For a list of resources on this topic, see actec.org/diversity. In South Korea, it is possible for transgender people to change their legal gender, although this depends on the judge`s decision in each case. However, since the 1990s, it has been approved in most cases.

The Korean legal system does not prevent marriage once a person has changed legal sex. [135] To avoid confusion between the different authorities that store information about your name and gender, we recommend that people (1) obtain a court order, (2) change their Social Security records, and then (3) change their driver`s license or ID card. The Supreme Court of the Philippines, Leonardo Quisumbing, allowed Jeff Cagandahan, 27, on September 12, 2008, to change his birth certificate, gender and name: Tennessee[42][43] – will not change the gender on a birth certificate in any way. In December 2020, a federal judge struck down an unconstitutional ministerial rule prohibiting sex changes in a person`s birth certificate in Ohio. [44] In 2022, Oklahoma joined Tennessee and banned updating the legal gender marker on birth certificates. [45] Currently, transgender people have been allowed to serve fully in the military since 2021. Once you`ve received a court order to change your name and/or gender, you`ll need to take the next step to apply to the California Department of Civil Statistics (VR) to issue your new birth certificate. To change your name and gender, or just your gender, you must complete Form VS-24 (for name change only, Form VS-23). You can get the form by calling RV at 916. 557.6073 or 916.445.2684. In 2016, the Departments of Justice and Education released guidelines stating that federally funded schools must treat a student`s gender identity as their gender (for example, with respect to washrooms).

[170] However, this directive was repealed in 2017. [170] After the passage of the Same-Sex Marriage Act on 24. In May 2019, transgender people could marry a registered same-sex person. The report was quickly dismissed by the wider scientific community, with Yale experts publishing an analysis in July noting that the report ignored accepted scientific studies and consensus on gender dysphoria, which its authors had chosen from among those with ties to anti-LGBTQ groups specifically for their bias. citing sources of no scientific value – including a student blog post. and a letter to the editor. and that if the state used the same standard used in the report to evaluate other treatments, it would no longer allow Medicaid to pay for a wide range of common drugs. [305] The Law on Legal Gender Recognition follows a decision of the Athens District Court on July 20, 2016, which ruled that a person who wishes to change legal sex in the civil registry office`s files is no longer required to have already undergone sex reassignment surgery. [151] This decision was applied by the Court on a case-by-case basis. [152] The custody case of Michael Kantaras made national headlines. [13] Kantaras met another woman and filed for divorce in 1998 to seek custody of the children.

Although he won that case in 2002, it was overturned by the Florida Second District Court of Appeals in 2004,[14] which upheld Forsythe`s claim that the marriage was null and void because her ex-husband was still a woman and that same-sex marriages were illegal in Florida. [15] The review was dismissed by the Florida Supreme Court. [16] Matthew Shepard and James Byrd Jr. The Hate Crimes Prevention Act, 2009 added to the federal definition of hate crimes motivated by a victim`s actual or perceived gender, sexual orientation, gender identity or disability.