Law on changing first names and determining gender in special cases (Transsexuellengesetz – TSG) - entered into force on January 1, 1981. Repealed and replaced November 2024
In the case Leonard v. Commonwealth, 296 Va. 479 (2018), a transgender inmate was seeking a name change. Inmates seeking a name change must establish good cause, which then permits the court to make a merits-based decision at a hearing. If an applicant alleges sufficient facts, taken as true, then the court must find good cause. The applicant stated that she was transgender and that a name change would psychologically benefit her. The lower court denied her application without scheduling a hearing for lack of good cause.
New Jersey Revised Statutes § 18A:36-41 requires the New Jersey Commissioner of Education to issue statewide guidance to local school districts to ensure a safe and nondiscriminatory educational environment for transgender and gender-nonconforming students. The law directs schools to adopt policies that respect student privacy, maintain confidentiality of records, and use student-asserted names and pronouns.
In 2003, Jeff B. Cagandahan filed a petition to change his first name and gender marker on his birth certificate. Cagandahan specifically sought to change his first name to “Jeff” and his sex from female to male. Cagandahan was assigned female at birth, but later developed secondary male characteristics throughout adolescence and was diagnosed with Congenital Adrenal Hyperplasia (“CAH”) and clitoral hypertrophy.
In 2002, Mely Silverio filed a petition to change her first name and sex on her birth certificate. Mely was a trans woman and sought to change her first name to “Mely” and her gender marker from male to female on legal identification documents. The Regional Trial Court of Manila ruled in favor of her and allowed the amendments to her birth certificate, finding that Silverio’s identity should not disfavor her and that the changes would not harm, injure, or prejudice any other member of the community.
Section 41 of the Austrian Civil Status Act (Personenstandsgesetz), entered into force on May 25, 2018, allows for a legal gender change. This has been possible since 1983 and is carried out under Section 41 of the Civil Status Act. According to the latter, the civil status authority must amend a certificate if it has become incorrect after registration.
