Louisiana name change for transgender people

Disclaimer: This is legal talk, not legal advice. Laws vary by state, and some of the information discussed on this page may not be applicable in your case. I cannot guarantee the accuracy of this information and provide it without warranty. Laws change and this information may contain errors and omissions. It is up to you to confirm any information herein by doing your own research.

 

Other comments and resources

From a treader in May 2004:

Below are the DMV policies in Louisiana, with 22.01 still the same as when I got it changed 3 years ago.

Name change is fairly straight forward. You can file paperwork with clerk of the court, but personalities in some parishes cause most people to hire an attorney to push the paperwork. I'd suggest using a lawyer unless you want to play para-legal yourself.

Birth Certificate standards are essentially similar to the US State Department. If you were born in Louisiana, Louisiana does have a statute to "Change Sex". A person will need to file suit against the State Department of Health and Hospitals to have them issue a new birth certificate. DHH will act as a defendant at the hearing. As plaintiff, you must convince the judge that you've met the criteria. The judges have a lot of discretion, and have even referred plaintiffs to their wife's OBGYN to "verify" medical terminology like "penis removed". No joke. Most people with surgery, FTM and MTF, are able to prevail.

Louisiana state law

LOUISIANA DEPARTMENT OF PUBLIC SAFETY
OFFICE OF MOTOR VEHICLES
Section: I Issuance of Driver's License Effective: 05/01/86
Number: 14.00 Revised: 03/07/2002

PHOTOGRAPHING
AUTHORITY
R.S. 32:410
Administrative

DEFINITION
Louisiana law requires a color photograph appear on the face of any license issued.

PROCEDURES
Applicants shall have frontal photographs taken of the facial and neck area. Photographs shall be of such quality that full facial features will be shown and any distinguishing marks will be clearly visible. **At no time will an applicant be photographed when it is obvious he is misrepresenting his/her gender and/or purposely alternating his/her appearance in an effort which would "misguide/misrepresent" his/her identity. If there is a situation of this nature, it shall be brought to the attention of the office manager for determination.

Applicants will not be photographed with head covering such as hats, scarves or other adornments. The only exception to this will be any religious sect requiring head covering or any other attire. Applicants will not be photographed without blouses or shirts.

The Department will not dictate the style of hair, facial fashion, or beards, etc., but no photograph will be made with curlers. Applicants who do not conform to the above will be notified promptly upon entering the office so that the waiting time can be eliminated.

Unless a person produces a certification from a court of competent jurisdiction or medical doctor that he/she is a transsexual (and a "Change Gender" has been performed) OR from a medical doctor affirming that the person is a transsexual in the pre-operative stages of a gender re-assignment, photos cannot be taken of a male who is wearing female attire, a woman's wig, cosmetics, etc.

If the individual is a transsexual, check the license to assure the gender is correct. Refer to Policy/Procedure 22.01, Section I (Gender Change).The photograph may be taken with or without glasses, regardless of the restriction. Dark glasses for the photograph are not acceptable.Act 33, enacted in the 1986 Special Legislative Session, increases the minimum age for the purchase, consumption and possession of alcoholic beverages to 21 years of age. Therefore, all applicants under the age of 21 will be identified by a red border around the photo.

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LOUISIANA DEPARTMENT OF PUBLIC SAFETY
OFFICE OF MOTOR VEHICLES
Section: I Issuance of Driver's License Effective: 07/01/91
Number: 22.01 Revised: 06/20/2001

GENDER CHANGE

AUTHORITY
Administrative

DEFINITION
If an applicant for or a holder of a Louisiana driver's
license/identification card indicates that they have undergone a sex change
procedure and desires to change the gender identification on the driver's
license/ID card, the change will so be noted and a new driver's license/ID
card issued.

REQUIREMENTS
The following will be required:
1. A medical statement signed by a physician stating that this person has undergone an operation for a sex change from _______ to ______ and that the sex or gender change has been successfully made.
2. In addition to the above, should the applicant or holder of a Louisiana driver's license/ID card seek a name change, a certified or true copy of a court order must be presented.

NOTE: If the court order specifically requires a corrected/amended birth certificate be obtained, we will require a copy of said corrected/amended birth certificate. If the court order does not specifically require a corrected/amended birth certificate, the court order will be sufficient. However, the applicant/holder of the license/ID card must be advised that the court ordered name change will be the legal name until such time as subsequent court action advises otherwise (At this point, the court order supercedes the birth certificate. He/she can't go back to the original birth certificate name without another court order.)

NOTE: A copy of court order and/or physician's statement must be included in
the file.

PROCEDURES
Once the documentation has been verified and all other criteria has been met for the issuance of a driver's license/ID card, CHANGE OF DATA transaction will be processed on the DLRU20.

If the applicant has a Class "E" or "D" license or an ID card, a duplicate license fee will be required. If the license is a CDL license, a CHANGE DATA transaction will be done and the $15.00 application fee will be charged along with the $5.00 duplicate license fee.

http://www.dps.state.la.us/omv1.nsf/1b2fc6edb63de9b1862564800069f248?OpenView&Start=1&Count=30&Expand=2#2


Legal precedent for transsexuals

[not known]