Court Allows Name Change By Person Seeking Change Of Name In Aid Of Gender

Publisher: Empire State Legal Forms, Inc.
Editor Marc A. Rapaport, Esq., 350 Fifth Ave, Suite 4400, New York, NY 10118

Volume 1, January 15, 2004

a.    Court allows name change by person seeking change of name in aid of gender:

Matter of Guido: This decision published in the December 1, 2003 edition of the New York Law Journal. The Civil Court of the City of New York reversed its prior rejection of the petitioner's of the petitioner's request for leave to assume a new name "to help implement a sex change".

The Court rejected the Petitioner's initial, pro se application without prejudice to renew with further proof regarding the completion of a sex change operation and a statement regarding marital status. In support of a renewed application, petitioner provided a physician's letter indicating that the petitioner suffered from "Gender Identity Disorder" and confirming that petitioner was "pursuing a program of gender reassignment". 

In her decision, Judge Samuels reversed the Court's prior rejection of the petitioner's application, stating that the Court had "concerned itself with matters outside the scope of the Court's jurisdiction and beyond the scope of the inquiry" necessary to decide the application. The Court further held that its appropriate role with respect to a name change petition was limited to the "prevention of fraud or interference with the rights of others".