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![]() “After making the difficult decision – with the advice and support of my physician and a therapist – to have surgery to conform to this identity, it was disheartening to learn that the state of Illinois would not issue a new birth certificate that recognizes me as a woman simply because I elected to have surgery overseas.” “I am a woman and I have identified as a woman since early childhood,” said Victoria Kirk, one of the plaintiffs in the lawsuit filed today. Both of the women in today’s lawsuit opted for their own reasons to have their gender confirmation surgery in Thailand. This creates an unnecessary and unfair burden for the growing number of persons who select a surgeon from Europe, South America or Asia. For more than four decades, Illinois has permitted individuals who have gender confirmation surgery to change the gender “marker” on an original birth certificate the Department of Vital Records, however, recently started interpreting the law to provide this option only if an individual has the surgery by a United States-licensed physician. To effectuate a name change, the individual must also submit a certified copy of a court order changing the name as well as indicate the name change on the Affidavit and Certificate of Correction Request.CONTACT: (212) 549-2666 – Citing the need to have an accurate birth certificate for identification purposes, two women born in Illinois today asked a court to order the state to issue new birth certificates that reflect their appropriate and accurate gender following gender confirmation surgery (sometimes described as sex reassignment surgery). ![]() An individual must submit this form, signed by a licensed health care professional or licensed mental health professional, along with a notarized Affidavit and Certificate of Correction Request to change his or her gender on the birth certificate. To implement the changes to the law, the Illinois Department of Public Health has developed a Declaration of Gender Transition or Intersex Condition by Licensed Health Care Professional. The law now also provides that the individual may simultaneously change his or her name on the birth certificate if proper documentation is submitted. The declaration must include a statement that the professional is making the declaration under penalty of perjury. The Illinois Vital Records Act was amended by Public Act 100-360 to provide that an individual may submit a declaration by a licensed health care professional or mental health care professional stating that the individual has received treatment for the purpose of gender transition or that the individual has an intersex condition. Beginning January 1, 2018, individuals with Illinois birth certificates may now change the gender designation on their birth certificates without having to undergo surgery.
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