Legal Question in Discrimination Law in Virginia

I really need help with this matter. Years ago I had sexual reassignment surgery. now I have been married 4 times and now since the 911 tragerdy. I can't seen to get my driver's license renew unless I provide my birth certificate. Now when I had my surgery my mother had my name change legally and she thought that the lawyer had taken care of everything. Now I'm trying to get my drivers license again and they tell me that I have to have my birth certificate. Now I was born in Florence, S.C and when I call the birth Certificate place in Columbia and requested my birth certificate after explaining everything to them and paying a fee, they send me a birth certificate with my name change on it but sex on it is male. I can't take this to Virginia Department of Motor Vehicles and apply for my driver's license. What can I do . Please help

Asked on 5/14/10, 2:08 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

I would not assume that you can't take the SC birth certificate to the Virginia DMV, along with proof of the gender change (such as medical records or soemthing like that).

You should try that without assuming that it won't work.

However, the real problem is probably in South Carolina. So you should probably ask your quesiton under South Carolina law for a SC lawyer.

I assume that it would be best to address this in SC because that is your State of birth and in the future every time you have to do anything with your birth certificate you will run into the same problem. So I am assuming that it makes sense to go back to the source and fix it once and for all.

SC can only send you what they have. It would appear that when the name change went through it did not include changing the listing of gender. Or else they did not process it properly to include this.

So I think you would need to file an amended name change petition to note the change of gender.

If SC won't issue an amended birth certificate, at least you could show people both the birth certificate and the corut papers together showing the end result.

However, you need to get the advice of a SC lawyer on how to do this.

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Answered on 5/22/10, 1:39 pm

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