Thursday, January 29, 2009

Illinois doesn't recognize off-shore SRS

According to Broadsheet, "For more than four decades, the state's [Illinois - ed.] Department of Vital Records allowed for sex changes on birth certificates, but five years ago a policy change limited recognition to sex reassignments performed by a surgeon licensed in the United States."

Read all about it here.

4 comments:

  1. I'm sure the American Medical Association has something to do with it. All that money flying out of the country and going to Thai surgeons. Especially now since the word on the street is that the doctor that took over for Stanley Barber in Colorado ain't so good.

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  2. Jamiegottagun --- Money talks...

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  3. Actually, the AMA has nothing to do with this situation. The problem being challenged in this lawsuit is due to the intersection of 2 unnecessarily restrictive provisions of Illinois law. First, only the doctor who actually performs the operation can certify that a person has undergone surgery sufficient to constitute a change of gender/sex for purposes of changing her/his Illinois birth certificate. Thus, you can’t go to a different doctor to perform an exam and provide the necessary certificate. Second, the statute limits the “physicians” who can provide the necessary certificate to only those licensed to practice medicine in the U.S. Consequently, if your surgeon is not licensed in the States, s/he cannot provide the certificate necessary to change your Illinois birth certificate. The result is that, under current Illinois law, if your surgeon was not licensed in the U.S., you can never change your Illinois birth certificate. (BTW, my understanding is that Dr. Brassard in Montreal is licensed in the U.S., so his patients can change their Illinois birth certificates, even though their surgery is not performed in the U.S.) California deals with this issue by allowing any U.S. licensed doctor to provide the necessary certificate, whether or not s/he performed the surgery her/himself.

    It's not clear why the Illinois statute was drafted that way, but the problem lies with the legislature that adopted it, and no one else.

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  4. Abby --- Thank you for the clarification.

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