The Petition requesting gender marker correction should set forth the factual basis on which your client is entitled to relief. It is advisable to track the statutory components closely but generically. At minimum, the Petition must establish that your client has received an appropriate medical diagnosis qualifying them for surgical intervention as part of their transition and that the surgical intervention has resulted in a medical status whereby their birth record no longer accurately reflects their gender, thus necessitating the correction of that record. By providing accurate information without excessive disclosure, you can preserve as much privacy for your client as possible. This will make it easier to redact or seal limited portions of the record as desired by your client. As always, give your client the full range of options and allow them to decide how they wish to manage their own information and privacy.

Once filed, the Petition must be served on the State Registrar for Vital Records. If name correction is sought simultaneously, service must also be made on the District Attorney. Because this is an ordinary proceeding, hearing cannot be set by way of a Rule but must be set for trial via separate Motion.

Having been served, the defendants will likely file an Answer on behalf of Vital Records. This Answer can take many forms and has historically been dependent on the political climate in which the case is proceeding.

Prior to setting the matter for trial, the parties must certify that all discovery has been completed. There is a list of the documents that your client should supply as part of the discovery for their case. Be sure to redact the documents to exclude any extraneous personal information not required for the proceedings.

Once discovery has been completed, the matter may be set for trial upon motion of the parties jointly or of the Petitioner alone. At the time of setting the trial date it is also best to coordinate submission of the matter on briefs or via live testimony with the possibility of a closed proceeding. Settling these logistical matters informally will reduce costs for your client by saving on filing fees and litigation time, but also makes your role easier by establishing rapport and cooperation with the court and the opposing parties.

For many people, including the court, submission on trial briefs is preferable. It allows the matter to be decided without live testimony and saves all counsel and the court the burden of participating in a trial. If there is any doubt as to the success of your client’s case, be very cautious in opting for submission on briefs. There can be a logistical benefit to briefing, but that can be outweighed by the emotionally strategic benefit of live testimony.

If the matter proceeds with live testimony, you must be sure to practice very carefully with your client exactly how their testimony will proceed. They will not only be required to share with the court their deeply personal medical history, but will also need to provide testimony to lay foundation for introduction of numerous documents. In order to care for your client as fully as possible, they should be empowered to give testimony with confidence and trust in you as their advocate and in themselves as a valuable and valid member of our community.

When judgment is rendered in favor of your client, be prepared to get at least four certified copies of the judgment for your client’s use. If your client was permitted to proceed in forma pauperis, be prepared to discuss with the Clerk of Court who is responsible for court costs. 

An application to Vital Records must be submitted within 10 days of the rendition of judgment.1  The application must include certified copies of the original Petition and final judgment. Those copies will not be returned to the client, but will be maintained in a sealed envelope attached to their original birth record at Vital Records. That envelope cannot be unsealed unless ordered by the same court that ordered the gender marker correction and only upon request of the person whose record was corrected. All amendment requests are routed to the primary Vital Records office in Baton Rouge, and there can be significant delays in the issuance of the corrected documents. Each application is assigned a case number and case manager with Vital Records. Feel free to follow up with that individual for regular progress updates. While the application is pending with Vital Records, the client may use the judgment to update other records.

• 1La. R.S. 40:62(D).