|Michael Kantaras - Ohio Birth Certificate
||[Aug. 22nd, 2006|07:07 pm]
I’m not a lawyer and I don’t play one on television but here’s my take on the Ohio birth certificate situation.
Michael Kantaras had his birth certificate amended via court order pursuit ant to R.C. 3705.22, which states:
“An original birth certificate filed in the Office of Vital Statistics cannot be altered or changed in any way. A copy of an original certificate of birth which has been accepted for filing by the local registrar must not be altered or changed. However, any original birth certificate filed in the Office of Vital Statistics after December 20, 1908 may be amended by one of the following method: (1)affidavit, (2) amended certificate, (3) court order. According to law, any item recorded incorrectly on a birth certificate may be amended by affidavit or by an amended certificate”.
According to the documents in his own (custody) case, Kantaras was diagnosed with Gender Identity Dysphoria and “successfully completed the full process of transsexual reassignment, involving hormone treatment, irreversible medical surgery that removed all of his female organs inside of his body, including having a male reconstructed chest, a male voice, a male configured body and hair with beard and moustache, and a naturally developed penis.”
I think Kantaras was able convince the judge that due to his “medical condition” the original designation at birth (female) was indeed incorrect, so correcting this error on his birth certificate was in absolute compliance with R.C. 3705.22.
Another poster mentioned that Ohio might have “wised up” after all the publicity surrounding the Kantaras case, and thus began rejecting requests for amended birth certificates. This may be true, however since precedence is huge factor in law Kantaras’ victory makes a strong point for others to get the same consideration.
So yes, I do think an Ohio-born trans person can get a legally amended birth certificate if the person is on hormone treatment and has had SRS. Thoughts?
x-posted to ftm