In Re Petition for Change of Birth Certificate
2014 Ind. App. LEXIS 589
| Ind. Ct. App. | 2014Background
- Appellant is a transgender man born female in Indiana who underwent hormone therapy, name change, and sex reassignment surgery, and has lived as male since 2011.
- He changed his name and gender marker on his driver’s license and with SSA; his birth certificate remained female.
- On March 26, 2013, he petitioned the Tippecanoe Circuit Court to change his legal gender on his birth certificate to male so ISDH would amend the record.
- At an uncontested hearing Appellant presented medical and psychological evidence and an ISDH letter stating the ISDH requires a court order to change gender on a birth record after gender reassignment surgery.
- The trial court found the petition brought in good faith but denied it, concluding it lacked authority because the legislature had not addressed the issue.
- The Court of Appeals reversed, holding the trial court had authority under Ind. Code § 16-37-2-10 and its inherent equitable powers and directed the trial court to grant the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court has authority to order a gender change on a birth certificate | Appellant: trial court may grant amendment under I.C. § 16-37-2-10 and inherent equitable powers | Trial court: no authority absent legislative guidance | Court: trial courts have authority under the statute and inherent equity power; remanded with direction to grant petition |
| What standard/evidence is required to support a petition to amend gender on birth record | Appellant: medical, psychological, and social evidence of transition suffices when petition made in good faith | Trial court: concerned about absence of statutory standards (e.g., surgery, hormones, duration) | Court: focus on good-faith petitions not intended to defraud; legislature may set specifics but court may act now |
| Whether ISDH procedure controls access to amendment | Appellant: ISDH requires a court order and will accept court orders from valid courts | ISDH (via court's recitation): follows registrar manual requiring court order for post-surgical changes | Court: ISDH’s practice supports issuing an order; courts may supply necessary documentary evidence to ISDH |
| Whether national practice/precedent affects decision | Appellant: many states and models allow amendments; federal SSA moved away from surgical-only proof | Implicit defendant argument: absence of explicit Indiana statute suggests caution | Court: recognized widespread state practice and federal administrative trends; not determinative but supportive of authority |
Key Cases Cited
- In re Davis, 1 N.E.3d 184 (Ind. Ct. App. 2013) (trial court granted petition to change gender on birth certificate)
- In re Heilig, 816 A.2d 68 (Md. 2003) (recognizing equity jurisdiction to permit birth-certificate sex changes)
- State ex rel. Root v. Circuit Court of Allen County, 289 N.E.2d 503 (Ind. 1972) (a court of general jurisdiction has inherent equity power absent statute to the contrary)
- In re Resnover, 979 N.E.2d 668 (Ind. Ct. App. 2012) (discussing need for court-ordered name changes to obtain amended birth certificates)