In Re: The Name Change of Cory M. Wallace
236 N.E.3d 1133
Ind. Ct. App.2024Background
- Cory M. Wallace, an incarcerated individual at Pendleton Correctional Facility, petitioned to change the gender marker on his birth certificate from male to female, stating he is living as a transgender female.
- Wallace filed his petition in good faith, without fraudulent purpose, and was treated as female within the Department of Correction per its policy.
- The trial court dismissed Wallace’s petition without a hearing, citing public policy and referencing a statute prohibiting certain name changes for incarcerated persons (I.C. § 34-28-2-1.5, although this statute does not directly prohibit gender changes).
- Wallace appealed the dismissal, alleging the decision was contrary to law, particularly as no explicit statutory bar exists for incarcerated gender marker changes.
- The appellate court affirmed the dismissal, referencing the evolving and divided Indiana case law on statutory authority for changing gender markers on birth certificates, especially concerning adults versus minors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether I.C. § 16-37-2-10 authorizes a gender marker change | Wallace: Statute grants authority | State: Statute only covers paternity cases | Affirmed dismissal; insufficient evidence, legal ambiguity |
| Requirement for evidence/good faith | Wallace: Petition in good faith | State: No adequate evidence submitted | Affirmed dismissal for lack of evidence |
| Applicability of name change prohibition statute | Wallace: Does not apply to gender | State: Applied prohibition by analogy | Name change bar inapplicable to gender marker requests |
| Authority of the judiciary absent clear statutory framework | Wallace: Courts have discretion | State: No authority without statute | Courts lack authority absent statutory framework |
Key Cases Cited
- In re Petition for Change of Birth Certificate, 22 N.E.3d 707 (Ind. Ct. App. 2014) (early case supporting statutory authority for adult gender marker changes)
- In re A.L., 81 N.E.3d 283 (Ind. Ct. App. 2017) (reiterated that good faith suffices for adult gender marker changes)
- Matter of R.E., 142 N.E.3d 1045 (Ind. Ct. App. 2020) (reversed trial court for requiring more than a good faith petition by an adult)
- Matter of A.B., 164 N.E.3d 167 (Ind. Ct. App. 2021) (shifted standard for minors to “best interests;” dissent questioned authority absent statute)
- In re H.S., 175 N.E.3d 1184 (Ind. Ct. App. 2021) (recognized judicial division on statutory authority for marker changes in minors)
- In re O.J.G.S., 187 N.E.3d 324 (Ind. Ct. App. 2022) (found no statutory authority for marker changes; called for legislative action)
- Matter of K.G., 200 N.E.3d 475 (Ind. Ct. App. 2022) (unified panel: no statutory path for parental petitions to change child’s gender marker)