How To Get A Gender Marker Court Order
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Asking the Court to Update Your Gender Marker on Your Birth Certificate
- You only need to ask a court to update your gender marker if you are trying to update it on your birth certificate. Other documents don't require a court order.
- Under the law, RS 40:62, you may ask the court to update your gender marker on your Louisiana (LA) birth certificate to receive a certified court order, which recognizes your updated gender marker and orders that your record be updated through Louisiana State Vital Records.
An attorney is not needed to go through the process to ask the court to update your gender marker.
You may submit a petition to court and include the required proof of "gender-affirming surgery." Generally, "gender-affirming surgery" has been interpreted by Louisiana state courts as required proof of vaginoplasty or phalloplasty and a court order certifying gender marker change. Other types of gender-affirming surgeries (like hysterectomy/orchiectomy or top surgery) have not usually qualified under Louisiana law. If you have questions about the process or need to speak to someone who may have had other experience in the process of updating your gender marker through a court order, you may find a community advocate and/or an attorney.
Step One
Gather Documents and Paperwork
To change your gender you must file a petition to the court:
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Prepare the petition requesting to update your gender marker on your birth certificate and include a judgment page. The judge will sign the judgment page if the court approves.
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You must also include proof of gender affirming surgery.
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You will need three (3) copies of your petition and judgment.
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Print all pages on legal paper. Legal paper is longer than regular printer paper. You can visit a FedEx Office or another printing shop to have these files printed. You will want to make three copies of each document. So now you will have three copies of the petition and three copies of the judgment page. Read it completely and make sure it is correct. DO NOT SIGN yet.
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You will need to sign on the “By:” line of each of the three copies of the petition in blue ink.
Step Two
Gather your court fees
When you file your petition to update gender marker to the court you will pay a court fee. To find out what the fee is in your parish in advance, call the Clerk of Court. Ask about the filing fee for a "new civil suit without service of process."
Step Three
File a petition with your District Court
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File the Petition with the Clerk of Court for the District Court of the parish where you were born. You can also file the petition in the parish where you currently live.
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When you file your petition, you will have to pay the filing fee mentioned above. The clerk will put a timestamp on the petition (and the extra copies you brought with you).
Step Four
Attend your hearing or receive judge's decision
The judge will make the final decision. If you need to attend a hearing before the judge makes a final decision you will told in advance by the Clerk of Court.
If no hearing is involved, you could wait to have the judge sign the form while you are at the court. You can also have it sent to you from the Clerk of Court's office.
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Take the record and the stamped judgment from the Clerk of Court to the Judge for the Judge to sign.
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You can wait there for the Judge to sign. You can also drop it off and have the judgment sent to the Clerk of Court once the Judge signs it.
If the Judge denies your petition you should contact an attorney. While an attorney is not needed to obtain a gender marker change petition, you can talk to a lawyer if you need help through the process.
Step Five
Get certified copies
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You can request certified copies of your judgment at the Clerk of Court at any time.
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Use your certified copies of your signed and stamped court order to update any other legal documents you choose to update with your gender marker.