IN RE: the Application of J.M.F. (2021)

Petitioner was born in Oklahoma in 1996 and was subsequently diagnosed with gender dysphoria, as she did not identify with the male gender assigned to her at birth. She now resides in Lake George, New York, and recently underwent irreversible gender confirming surgery at NYU Langone Health. Presently before the Court is petitioner's application for an Order recognizing her change of gender and authorizing a change of the gender marker on her birth certificate.

To correct the gender designation on one's birth certificate in New York, an individual over 17 years of age must simply execute an affidavit of gender error and submit the same to the Department of Health, together with an application for correction of the certificate (see https://www.health.ny.gov/vital_records/gender_designation_corrections.htm [last accessed August 26, 2021]). In Oklahoma, on the other hand, an application to correct the gender designation on a birth certificate must be accompanied by “a certified copy of a court order from either a US District Court or a recognized tribal court” authorizing such correction (Oklahoma State Department of Health, https://oklahoma.gov/health/birth-and-death-certificates/amendments.htmlNo.#change [last accessed Aug. 26, 2021])

Here, petitioner has submitted a verified petition in support of the requested relief, together with a copy of her original Certificate of Birth issued in Oklahoma and an affidavit from her treating surgeon. In this affidavit, the surgeon avers that petitioner has “received the appropriate clinical treatment to complete her transition from male to female gender” and that she “clearly identifies as female moving forward in all aspects of daily living.” The Court thus finds that petitioner is entitled to the requested relief (cf. Matter of D.R.G. [E.R.F.], 55 Misc. 3d 457, 459, 51 N.Y.S.3d 329 [Civ. Ct., N.Y. County 2016]).

To the extent that the Oklahoma Department of Health's website requires an Order from a “US District Court,” the Court finds in the interest of justice that use of this term was meant to encompass courts of general jurisdiction throughout the United States. Indeed, courts of general jurisdiction in Oklahoma are denominated district courts, as are courts of general jurisdiction in several other states. In this regard, the requirement that the Order be from “a US District Court or a recognized tribal court” appears only on the Oklahoma Department of Health's website; it is not codified in Title 310 of the Oklahoma Administrative Code — which includes all regulations applicable to the Department of Health. This finding also comports with Oklahoma's Uniform Enforcement of Foreign Judgments Act, which provides that any judgment, decree or order of a court of the United States is entitled to full faith and credit in Oklahoma (see Okl Stat Ann § 719 et seq.)

The Court has issued a separate order recognizing petitioner's change of gender and authorizing her to assume the gender marker of female or “F” on her birth certificate in place of the gender marker of male or “M.” This decision is issued to set forth the Court's reasoning in further detail.

The record of this proceeding shall be sealed and hereinafter opened only by Order of the Court for good cause show or at the request of petitioner.

Therefore, having considered the Petition of J.M.F. with exhibits attached thereto, verified on December 11, 2020, it is hereby

ORDERED that the relief requested in granted in its entirety, as set forth herein and in the Order issued on even date herewith; and it is further

ORDERED that the record of this proceeding shall be sealed and hereinafter opened only by Order of the Court for good cause show or at the request of petitioner.

The original of this Order has been filed by the Court.

Robert J. Muller, J.