Victory

victoryAside from learning about things that I never dreamed I would be researching, I am learning a lot about the “loophole.” Nearly a year ago Hunter asked that we start calling him “Hunter,” rather than “Olivia.” While I choked on the name (I could hear it in my head) as it moved from tongue to my lips, we were committed to doing what was necessary for our son.

What I didn’t really think about was what would come next. When my friend (in a similar situation but about 6 months ahead of us on most fronts) announced that she went to court with her son and now he was legally “Jack,” I found my self in the midst of conflicting emotions. These kids are so young; a legal name change just felt so FINAL. And yet, somehow I was envious of how she took charge and did what she needed to do as a parent of a child who was transitioning from female to male.

We spent nearly an entire school year getting used to the new name. Little by little we expanded our vocabulary until we were using only male pronouns in lieu of the female ones that we had grown accustomed to. Summer came and with it greater acceptance and more knowledge. It was time to apply for a legal name change. It was important that Hunter begin the new school year “officially” as Hunter. We didn’t want any mistakes. It would’ve been devastating for him to sit in a class on the first day and have a teacher take attendance and look for or call out “Olivia.”

So, I filled out the paperwork and waited. Hunter was at camp and I wanted him to sign the documents. Not only did I want him to be a part of the process but I wanted him to tell me that he was 100% sure about the name. Admittedly, there was a tiny part of me that was hanging on to the familiar; I was not quite ready and it was easy to find a reason to wait.

You would have no idea how complicated this entire process is. Legal name change at the state level. Birth certificate legal name change at the state level in which one was born. Gender marker changed on birth certificate. WHOA. Not so fast…this too, is at the state level and every state has it’s own law about changing the gender marker. I went into a tail spin. What good was the name change if Hunter’s birth certificate still indicated that he was female??? According to the state of Florida (where he was born), in order to legally change the gender marker, one needs to submit an affidavit from the physician stating that gender reassignment surgery has occurred. ARE YOU KIDDING ME? Many transgender individuals never have surgery for various reasons. This was crazy and unacceptable.

I reached out to a number of people and organizations (including legal teams) within my network to see if there was a way around this. Hunter was about to start driver’s ed – I had been told that once you get a permit or license it is nearly impossible to change the gender marker on the document.

Facebook at its finest … another mom, who just went through the exact same scenario, was a wealth of information.

LOOPHOLE.

The federal government, not too long ago, changed its policies regarding passports and gender markers. Too good to be true. All we needed was a letter from the doctor stating that Hunter was in the process of transitioning along with the legal name change document from the court. In addition, while the social security administration doesn’t put a gender on the card, they track it for employment purposes. So, the passport and social security card (with new name) become the legal documents in place of the birth certificate.

VICTORY… until the next hurdle.