Wrong Gender

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reboot365
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Wrong Gender

Postby reboot365 » 31 Oct 2011, 20:26

When going through the whole paperwork process, I expected some surprises, but not this one...

My grandmother's original birth certificate listed her as a male (obviously a typo - she has a very unique name which probably caused the mistake). When she got married, she had this corrected to female. We have a copy of this birth certificate with the correction, which is certified but does not list her parents names.

My grandmother sent in a application to NYS (this is upstate, not NYC) to get a certified long form birth certificate, and that is when we found out about the typo. They said they could only correct it if she had a copy of her baptismal record or a school record before age 12 that listed her gender. There's no chance at the school record, but we did have the baptismal record. Sadly, no gender listed. Went to the church, and the woman there refused to add the gender. NYS also said that if the church would write on the record that she is female and sign it, that would be fine. Church lady once again said no.

For some reason, even though she had her gender changed years later on the record (which is something NYS said they were aware of), they can't give us the certified copy with the right gender. I thought that they had to give us the most up-to-date version, not the very first one with the error because that one shouldn't be legal anymore. And because the one I have that lists the right gender doesn't list parents, I can't use it as it is.

So...what can I do in this situation? This seems like a complete deal breaker.

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kontessa
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Re: Wrong Gender

Postby kontessa » 31 Oct 2011, 21:45

How was your GM able to make the change to her birth record the first time - does she recall what documents were required, if any? And the corrected birth record carries no weight with NYS? Could the corrections have been made at the town level and never sent in to the state? Was the corrected record issued by the state or a local town clerk?

I would keep after NYS to get the corrections made. Are you dealing with Ms. Ortiz in the corrections unit? What about any hospital records for your GM? Why are the school records out of the question? Any birth announcements from a newspaper? I wouldn't take no for an answer, even if it meant involving an attorney to convince the state to amend the original record, especially since your grandmother is still alive.

Don't give up yet, you just need to find something to satisfy the state so that they'll make the change.

reboot365
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Re: Wrong Gender

Postby reboot365 » 01 Nov 2011, 04:25

My GM doesn't remember making the change - we're guessing it was so she could get married since it is dated a few months before her wedding.

My dad called up NYS and got a bit more info. The correction was made in the town she was born in. I'm not sure how this works, but the correction only exists there according to NYS, but at the same time NYS had a record of the change occurring. So even though it was sent to the state, it doesn't count for them (I don't really get it). My dad has been the one corresponding with NYS - he has been talking with someone in vital records, who in turn has been talking to "the woman who makes the changes." My guess is that is Ms. Ortiz.

The hospital record is the origin of the error - but according to NYS, the whole document is a mess. When my GM made her correction, she had to correct both her name and her gender, but I won't have any idea what was wrong with her name until NYS sends the record (which they won't do because of the gender issue). School records - while I'm going to reach out to the department of ed, my GM is 93 and went to a one room school house, and since the record has to be age 12 or younger, it's not promising.

NYS gave my dad a second option. They said that if I can get a long form BC from the town that issued the correction, and then get it exemplified, then I can get it apostilled. My dad also said they mentioned something about combining it with the original, error-filled copy, but he was just confused at that point. I don't know if this is something that the NYC consulate would accept. Even more, I already know that her father's name is wrong (it's anglicized), so I need a further correction made to the town copy, but I don't know if you change town copies or only state copies.

Yeah, I'm going to fight this. But I have no idea if the exemplified thing will suffice.

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Italysearcher
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Re: Wrong Gender

Postby Italysearcher » 01 Nov 2011, 10:18

Corrections to birth records in Italy are usually made through the closest Tribunale. Once this has been done it is sent to the Comune who make a notation on the original birth record.
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