As is the case with many legal issues, clients seeking assistance with correcting their birth record are making themselves incredibly vulnerable. As attorneys we are obligated to meet them in that vulnerable place with compassion and respect. The process of correcting one’s birth record can be a first step in reclaiming one’s personal identity, one’s personhood. For others this process can be the final step in a long journey to build their lives on their own terms. Ultimately, there is no “right” or “wrong” time or reason to seek corrections to one’s birth record. It is not the role of the attorney to critique or opine on this choice. The role of the attorney is to inform, empower, and guide the client with as much protection and care as the client desires. 

At the root of all of this is respect. Respect for clients and their choices, their feelings, their opinions, and their personhood. We ask our clients to be vulnerable in this process and we must be, too. We must tell clients when we are unfamiliar with terms or are struggling to understand. The purpose of this manual is to equip you with as much information as possible to minimize the need for your clients to do the work of educating their lawyer. The client is obliged to handle the emotional labor of exposing the profoundly personal in the public forum of the court; the least we can do is learn how to be an informed and respectful advocate.

There are innumerable reasons why a person may seek to correct their name or gender maker. No reason is right, no reason is wrong. Outside of marriage and divorce, the most common reason for someone to seek corrections to their birth record is in fulfillment of a legal transition. 

A person’s transition can take innumerable paths and steps. No transition path is right, no transition path is wrong. When an individual chooses to pursue gender transition, it is often because they recognize that their assigned gender identity does not align with their experienced gender identity. A person’s assigned gender identity, typically as male or female, has historically been tied by law directly to their reproductive anatomy as it is perceived at their birth. A person’s experienced gender identity does not have any guaranteed relation to a person’s anatomy. Likewise, a person’s gender identity has no guaranteed relation to a person’s sexual orientation (the sort of romantic or physical attraction they do or don’t have toward others) or their gender expression (how masculine or feminine someone appears to others). All of these concepts exist on a spectrum and can (and frequently do) change at any time in small or large ways over the course of someone’s life. It is not the role of the attorney to opine or pass judgment on the appropriateness or accuracy of anyone’s gender identity, gender expression, or sexual orientation.

For many clients, lawyers and the courts represent a painful and dangerous system that is frequently used to inflict profound harm on themselves and their communities. Your client may see you as part of that harmful system and may keep that opinion to some degree throughout the entirety of your working relationship. You may not have experienced harm from the legal system in the way that your clients have, but they are the expert in their experience and deserve the same respect and deference that any other expert would receive. 

In an effort to establish and maintain respectful relationships with clients, you should always explicitly state the reasons for any invasive inquiries and refrain from making any extraneous comments or inquiries. Clients seeking to make corrections to their birth records will be obliged to make public information that may otherwise be deeply private or even secret. Let your client know why you are obligated to inquire about certain private information and initially frame your questions in a way that allows the client to share to their comfort level. If clients are hesitant or unsure of the information you need, you may be more direct, but it is worthwhile to demonstrate a willingness to let the client lead before forcing them to share. Take note of the client’s current legal name as well as the name by which they desire to be addressed and ensure that everyone interacting with the client addresses them appropriately. Likewise, be explicit in making note of the client’s correct pronouns of address and ensure that everyone respectfully uses those pronouns when addressing the client. 

But, as the saying goes, “to err is human.” And while the saying may claim that to forgive is divine, as more earthbound lawyers, to apologize is true grace. Be candid with your client if missteps occur or if you are unfamiliar with the best steps forward. Take responsibility and apologize but understand that the client has no obligation to be forgiving. Your client may have years of dangerously negative experiences informing their decisions and behavior, and they have every right to choose to protect themselves rather than continue to work with a lawyer with whom they do not feel safe or respected. Lawyers deserve an opportunity to learn to be better, but our clients are not obligated to teach us or be our test subjects. 

In an effort to communicate effectively with clients and with the court, it is advisable to describe the modifications being made to a client’s records as “corrections” rather than “changes.” This semantic choice validates the client’s existence in requesting the correction and reinforces the underlying legal principle that the vital records document must be corrected because it is inaccurate and is not simply being changed on a whim. 

The blatant discrimination and harassment endured by transgender and gender non-conforming individuals cannot be understated. It permeates all realms of daily life, including the legal system. Attorneys, bailiffs, court clerks, judicial staff, judges, and anyone else in the courthouse or community may feel entitled to openly harass and demean your clients. When transphobia is layered with racism, classism, and misogyny, the prejudice heaped on your client can become overwhelming for even the most experienced lawyer. 

In any circumstance, part of a lawyer's role is to shield our clients from undue harm. We leverage our status and respect inside and outside the courtroom for the benefit of our clients. We can be their spokesperson and stand between them and harmful and oppressive systems. For clients seeking correction of their vital records, this should include taking every opportunity to let the client choose what degree of participation in the process they desire. Some clients don’t ever want to step foot in the courthouse and face the seemingly inevitable curiosity and judgment that will attach to their case. Others find it empowering and worthwhile to personally face those who sit in judgment. As in all things, the role of the attorney is to talk with clients about their options so that they can make the choice that is most appropriate for them. If tasked with being the sole face associated with your client’s legal case, it is important to operate in the courthouse with respect for your client and with a zero-tolerance approach to the prejudice of others. Unkind remarks or questions about your client should not be entertained or tolerated even in your client’s absence. Your clients have chosen you to be their advocate as they seek legal validation of their fundamental existence. This is a profound obligation that should not be taken lightly or bandied about with otherwise familiar court staff or judges.

It is highly likely that you and your client will face not only interpersonal wrongs but also courts and lawyers who handle these cases in a manner that does not entirely comport with the law. Choose your battles wisely. Many clients don’t want to be a standard bearer for the cause, they simply want their birth record corrected. Outcomes can be more important than process to the client, and so it is important to let them know what they are legally obligated to endure and what they are free to fight against if they so choose. 

Do not ever assume that a client desires to take on every battle or that taking on a certain battle will not just make things worse for everyone. The legal status of transgender and gender non-conforming people continues to be dangerously tenuous. Many of their legal rights exist because they are not widely known beyond the folks who need their protections. Picking a fight will inevitably draw attention and potentially increase a desire to undo the few and delicate legal remedies that exist to protect clients. Ultimately, we are obliged to defer to our clients and to those who are more informed about the larger and more complex legal dynamics impacting the transgender and gender non-conforming community.

As in any other court proceeding, the pleadings for a name or gender marker correction become a public record and are therefore open to public scrutiny. This is something that should be communicated to all clients seeking to correct their vital records. This is not intended to be a deterrent, but rather another piece of information that allows clients to make the choices they feel necessary to protect themselves and their well-being. Not everyone is or desires to be “out” as seeking a name or gender marker correction. There are some steps that you can take to help minimize clients’ exposure, but they must understand that there is no way to absolutely guarantee complete confidentiality of this information.

One of the easiest ways to limit the amount of confidential information that is shared is to be mindful of what information you put in your pleadings. While it is necessary to provide a factual basis to support the legal relief being sought, you can be highly selective in how much information is provided at each step in the process. Name corrections are primarily limited by a person’s criminal background, but there is no clear basis on which a name correction is granted or denied. Therefore, it is possible and advisable to provide a relatively generic basis for the requested correction. On the other hand, a gender marker correction requires a relatively specific showing of certain types of medical care. It is possible and advisable to mirror the statutory language as much as possible without expounding on sensitive medical information in the initial Petition. Additionally, information related to medical care should be reviewed very carefully to ensure that extraneous personal information is not inadvertently made part of the public court record. By limiting the amount of information that is shared and the manner in which that information is shared, it will be easier to later request that certain information be formally redacted by the court or sealed from public view if your client desires.

Louisiana law allows for the sealing or redaction of portions of civil court records.1  To be successful, such a request must make a specific showing that the privacy right outweighs the constitutional presumption in favor of public access to the information. Even after weighing the privacy right of the parties against the legal default in favor of public records, it is highly unlikely that a blanket order will issue sealing the entire record. Being mindful of what information is present in each pleading makes it easier to request either the sealing or redaction of specific portions of the record rather than the record as a whole. 

For Petitions for name correction, it may be advisable to request that the case be anonymized by re-captioning to only the Petitioner’s initials following the final judgment changing your client’s name as the case caption is no longer legally accurate. This may be enough to make discovery of your client's case unlikely.  Additionally or alternatively, you may ask that all mentions of your client’s former name be redacted from the record or that the initial Petition be sealed to protect against public inquiry into your client’s gender identity if that information was discussed in the Petition. 

In cases requesting correction of your client’s gender marker, you may likewise request anonymizing and redaction, but it is also highly advisable to request at the time of filing that trial exhibits, transcripts, or memoranda be placed under seal as they will most certainly reveal your client’s very private medical information. 

As always, defer to your client before taking any of these steps as this process is intended to increase and not diminish your client’s sense of empowerment and self-determination. Moreover, filing additional pleadings will come with additional costs that your client may be unable or unwilling to take on.

In addition to sealing or redacting the physical record, you may request that any hearings be conducted in a closed courtroom so as to protect your client’s privacy. Much like a motion to seal, a motion to proceed in private must overcome a presumption in favor of open proceedings by demonstrating a specific need for a closed courtroom for the Petitioner’s benefit and safety.

• 1See Copeland v. Copeland, 2007-CC-0177 (La. 10/16/07), 966 So.2d 1040.

The filing fees for a name correction are solely the Petitioner’s responsibility.1  In many jurisdictions, the Clerk of Court will not allow Petitions to be filed in forma pauperis because costs will ultimately be cast on the Petitioner regardless of outcome. The cost of filing varies and is set by the local Clerk of Court; the average cost of filing is $250.00, not including the cost of multiple certified copies of a final judgment. It is advisable that your client get at least four certified copies of their final judgment. 

Because pauper status may not be allowed when seeking a name correction, it is important to speak very candidly and specifically with your client about all of the related costs before beginning the process. Contact the Clerk of Court for the district in which you will be filing and inquire about the filing fees in advance. Likewise, contact the local District Attorney’s Office and inquire about the steps that office require as some offices require Petitioners pay for third-party background checks or require that the matter be set for a hearing date though this is not mandated by statute. These additional steps will carry additional costs that you should advise your client about.

• 1La. R.S. 13:4755.

Unlike the statutory prohibition on shifting costs in name correction proceedings, the filing fees associated with filing for a gender marker correction are subject to the same waiver and release permitted for any other ordinary civil proceeding.1  Be sure to discuss with your client their possible eligibility to proceed in forma pauperis and submit the requisite affidavits in support of their request to proceed without the burden of costs. Because seeking a gender marker correction is an ordinary and not summary proceeding, the costs can be significantly higher than those associated with a name correction. The cost of filing an initial Petition, motion to set for trial, and requisite exhibits to gain judgment can be upwards of $1,000.00 in some jurisdictions. Being able to proceed without the burden of costs up front (and, theoretically, with the possibility of costs being cast on the adverse party when judgment is gained in favor of your client) can make the process significantly more accessible for your client and should always be explored as a possibility. As with name corrections, it is advisable that your client obtain multiple certified copies of the final judgment.

• 1La. C.C.P. art. 5181, et seq. For further discussion, see this manual's chapter on proceeding in forma pauperis.

An adult1 born in Louisiana may seek a judgment correcting the name on their birth certificate in a number of venues.2  For adults who are current residents of Louisiana, judgment may be sought in the parish of residence, the parish of birth, or the parish that serves as venue for Vital Records. For non-resident adults, judgment may be sought in the parish of birth or the parish that serves as venue for Vital Records. For currently incarcerated Louisiana residents, judgment may be sought in the parish of sentencing only. All Petitions for name correction are filed against the District Attorney in which the proceedings occur.3  Jurisdiction over name-correction Petitions lies in courts with general jurisdiction over civil matters and need not proceed through any specialized court.

• 1More restrictions apply to minors. See La. R.S. 13:4751(C).
• 2La. R.S. 13:4751(B).
• 3La. R.S. 13:4752.

A history of felony conviction is the only clear statutory restriction on who may be eligible for or even seek a name correction.1  Petitioners who have been convicted of any felony must complete their sentence prior to Petitioning for a name correction. This includes completion of both physical incarceration and any probationary or parole periods. Moreover, any person convicted of a “crime of violence” listed in La. R.S. 14:2(B) is forever barred from seeking a name correction in Louisiana.

• 1La. R.S. 13:4751(D).

There is no clear legal process by which a parent may correct their name on their child’s birth certificate. Vital Records administrative policy permits “minor corrections” such as misspelling of a parent’s name to be corrected by submitting the parent’s own birth record or other documentation demonstrating a correct spelling until the child reaches the age of 12.1  However, if the name correction involves an entirely different name, it is unclear if Vital Records will make the correction even if the parent has obtained a judgment of name correction. Arguably the public policy position of Vital Records is to maintain records that reflect information as accurately as possible. If a parent’s name is no longer accurate on the child’s birth record, it would seem that Vital Records would be obliged to correct that information in alignment with the Judgment. If Vital Records refuses to make the correction, please refer this family to an expert who may be more equipped to assist in the relatively creative advocacy and/or litigation needed to navigate this administrative and legal blind spot.

• 1Amendments to Birth Records, La. Dep’t Health.

Louisiana residents may seek a gender marker correction in the parish of residence or of birth.1  Louisiana-born non-residents may seek a gender marker correction only in the parish of birth. There is no specific language regarding incarcerated individuals so presumably they are considered Louisiana residents and may file in the parish of their residence or of birth. The Petitioner’s spouse is a necessary party to the proceedings and must be joined. Petitions seeking gender marker correction are filed against the Louisiana State Registrar of Vital Records via ordinary proceeding. It is permissible to seek both a name correction and gender marker correction concurrently in the same pleading. In that case, the District Attorney must also be named as a defendant. 

• 1La. R.S. 40:62(B).

La. R.S. 40:62–62.1 directly address all proceedings seeking to correct the gender marker of any adult born in Louisiana. The statutes were passed in 1979 and 1981 and amended in 1986. As such, the statutory language does not reflect the significant strides made in the intervening decades in medical care for and understanding of transgender and gender non-conforming individuals. 

Under the statute, to qualify for a gender marker correction, a Petitioner must demonstrate each of the following: (1) diagnosis as a “transsexual or pseudo-hermaphrodite”; (2) performance of “sex reassignment or corrective surgery” as part of the Petitioner’s transition; and (3) as a result of the surgical intervention, “the anatomical structure of the sex of the Petitioner has been changed to something other than that which is stated on the original birth certificate of the Petitioner.” 

The language of the statue incorporates a reductive and narrow understanding of gender and sex that no longer reflects the social and medical understanding of transitions. As an initial matter, diagnoses of “transsexual” and “pseudo-hermaphrodite” do not currently exist in the Diagnostic and Statistical Manual of Mental Disorders nor are they part of generally accepted medical standards of care. A client who presents with such a diagnosis needs to seek alternative medical care immediately. Moreover, the range of surgical interventions that are currently considered under the umbrella of “sex reassignment or corrective” interventions is vast. The term “anatomical structure of the sex of the Petitioner” is arguably vague as current medical standards of care acknowledge that a person’s “anatomical sex” is comprised of component parts including, among other things, reproductive organs, external genitalia, and secondary sex characteristics such as breasts and facial features. 

Ultimately, the determination that these elements have been satisfied is left to the court, so it is imperative to provide a comprehensive, informed, and absolute case in support of your client’s gender marker correction. Courts, like much of society, remain woefully uninformed about the medical standards of care for transgender and gender non-conforming individuals. It is your obligation to educate the court so as to demonstrate with certainty that your client has received the appropriate care and that the legal process is simply serving to confirm and correct information that has already been medically verified and approved. 

The effectiveness of this narrative and the level of proof that is required will largely depend on the position taken by the State Registrar who serves as the defendant in the proceedings. As an administrative agency, the position of the Office of the State Registrar is subject to change with each new gubernatorial administration, and resistance can accordingly wax and wane. Remaining vigilant of the political dynamics and atmosphere locally, statewide, and nationally is helpful to inform what your clients may expect in the courtroom and the extent to which you, as their advocate, will need to fight for them.

Once a final judgment has been issued, it can typically be used to correct any other documents or records as needed by the client. Some common places that may need files corrected include state-managed public benefit programs, passports, professional licensure, banking and credit institutions, educational records and/or diplomas and certificates, and other legal documents such as business or employment contracts, estate planning documents, or lease agreements. Not all of these records need to be corrected all at once and some may not need to be corrected at all as long as the client maintains clear paperwork to demonstrate that the person named in the outdated document is, in fact, still the same even after the corrections of the client’s legal name.

A certified court judgment is required to correct the name on a Louisiana-issued driver’s license or ID.1  Individuals can be photographed for an ID presenting in any gendered way and will not be considered misrepresenting their appearance if they are not presenting in a traditionally gendered way.2  The gender marker can be corrected by providing a written medical statement that the individual has undergone “successful gender change/reassignment.”3  Louisiana does not currently offer a nonbinary gender marker.

These corrections may be made with the Louisiana Office of Motor Vehicles (OMV) either before or after updating a birth record. The OMV relies on the Social Security Administration (SSA) database to validate driver information. Therefore, it is necessary to update information with the SSA prior to updating OMV data. The systems synchronize each night at midnight, so it is not possible to update the SSA database and get a corrected ID or driver’s license on the same day. You must allow midnight to pass between the two events so that the databases have an opportunity to synchronize with the new information. Clients should be advised that if they have any restrictions on their license (e.g., unpaid fees or fines), they may not be granted a new license until the restrictions are removed.

• 1La. OMV Policy § 1.22.00.
• 2La. OMV Policy § 1.14.00.
• 3La. OMV Policy § 1.22.01.

A certified court judgment is required to correct the name on a U.S.-issued passport. The gender marker on a passport may be corrected without any additional medical documentation, and, as of 2022, it is possible to request a nonbinary gender marker on U.S.-issued passports. In addition to a traditional passport book, it is possible to apply for a passport card. This card is similar to a wallet-sized, state-issued ID. It can be used as valid ID in any state, for domestic air travel, and limited international land and sea travel, but cannot be used in lieu of a driver’s license for driving and cannot be used in lieu of a passport book for international air travel. It offers all of the same accessibility as a passport book but is more convenient for daily use within the U.S.