NextLevel Law P.C

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

PLEASE NOTE: NextLevel Law, P.C. by Daniel R. Hernandez, Esq. remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us via telephone or video conference. Please call our office to discuss your options.

Transgender people have to deal with constant microaggressions from a society that tends to erase their very existence. From official records that insist on deadnaming trans people to government and medical documents that don’t recognize their real gender, there are many constant reminders of the lack of respect that our society pays to transgender people. 

For trans parents, the birth certificate of their child can often be a source of misgendering and frustration. However, a recent legal victory here in Illinois has validated transgender rights and paved the way for other trans parents to request accurate gender representation on the birth certificates of their children.

Birth certificates have long presumed all people who give birth are female

The standard forms used for birth certificates simply assume that an individual who gives birth is a woman. However, transmasculine people can and do successfully give birth. These individuals should not wind up misgendered as female on the birth certificate for their child, nor should female partners of transmasculine parents wind up relegated to the role of a father on a birth certificate or left off entirely. 

Thankfully, after work by advocacy groups, Illinois has revised its approach to birth certificates in a way that validates the identities of transgender parents. This not only helps protect trans parents but also their children, who could be victims of bullying or discrimination as a result of an inaccurate birth certificate that misgenders their parents. 

Whether you are expecting the birth of a child soon or have already become a parent, you may have the right to proper identification on the birth certificate for your kid. For parents with existing documentation that uses their deadname or incorrect gender, civil court proceedings may be necessary to correct the issue.