4.2 Gender Marker Corrections

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.