California Health and Safety Code Sections 103430 and 103435 control the process for legally changing one’s gender in California. Procedurally this process developed parallel to name change Petitions and so the two are often combined and require may of the same steps.
For example, change of gender Petitions, like name change Petitions, must be published in a newspaper for a set amount of time before a judge will hear the matter. In addition, both gender and name change Petitions require a showing that the Petition is not being done for an unlawful purpose such as avoiding registration as a sex offender. However, change of gender Petitions have additional requirements. For example, one who is attempting to legally change their gender must submit an affidavit of a licensed physician attesting that the physician is assisting the petitioner with “the person has undergone clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards.”
A failure to follow technical requirements like these can cause a Petition to fail. The San Francisco based attorneys of Jones & Devoy have experience in helping members of the LGBT community including those who wish to legally change their gender. Although the legal framework to change one’s gender legally is limited to the standard socially acknowledged binary boxes, such a change can still be of significant value to achieving the basic human dignity that should be afforded to all whether one is transgender, cisgender or otherwise.