Wrong Sex on Birth Certificate

[brocky]

Hi all,
This is my first post and would like some advice on the legal aspects of birth certificate correction prior to passport application.

My filipina gf needs hers corrected as her sex is given as "male" (which she most definitely is not! ) This apparently, is not an uncommon problem in PI.

I believe it requires a court hearing to get this changed, which in turn necessitates a lawyer. Is it possible for me to initiate the change process from here in the U.K? Can anyone recommend a lawyer (preferably online) or offer any other advice. I will be over in Manila at the end of this month but only for one week, so would be good to some groundwork beforehand.

thanks in advance.

Peter.

[Arthur Little]

Hi all,
This is my first post and would like some advice on the legal aspects of birth certificate correction prior to passport application.

My filipina gf needs hers corrected as her sex is given as "male" (which she most definitely is not! ) This apparently, is not an uncommon problem in PI.

I believe it requires a court hearing to get this changed, which in turn necessitates a lawyer. Is it possible for me to initiate the change process from here in the U.K? Can anyone recommend a lawyer (preferably online) or offer any other advice. I will be over in Manila at the end of this month but only for one week, so would be good to some groundwork beforehand.

thanks in advance.

Peter.

Peter, to the forum. Unfortunately ... as you say ... it's not altogether uncommon for mistakes of this nature to occur during birth registration - although discrepancies are much more likely to arise with DATES, rather than gender.

I believe you would be correct in assuming that court intervention is necessary for the error to be legally rectified. But, to the best of my knowledge, proceedings would require to take place in the Philippines - and, of course, be initiated by your girlfriend herself.

[Bab]

may i ask anybody why would this matter?

why bother getting it changed, my wifes date of birth is incorrect and hasnt affected her getting to the uk on a spouse visa.

who will actually check or look at it??

[sars_notd_virus]

Welcome to the forum Peter
I agree with sir Arthur it should take place in the Philippines and be initiated by your gf herself..
She can go to her local city registrar office and speak with them on how the process of changing sex in birth certificate should be done.

http://nsophilippinesonline.blogspot...te-online.html

NSO Helpsaid...

file an application for a Supplemental Report at the Local Civil Registry Office (LCRO), where your birth was registered. You may have to bring supporting documents, e.g., baptismal certificate, school records, etc., as these may be required in filing the application for supplemental report. The LCRO will then be submitting a copy of the Supplemental Report to NSO, along with the civil registry documents they regularly transmit to the agency.

This procedure also applies for birth records with "Baby Boy" or "Baby Girl" written as the first name for births that occurred until 1992. For the years thereafter, 1993 to the current year, correction must be done through RA 9048 (Clerical Error Law).

[sars_notd_virus]

may i ask anybody why would this matter?

why bother getting it changed, my wifes date of birth is incorrect and hasnt effected her getting to the uk on a spouse visa.

who will actually check or look at it??

For some obvious reason bab,,,,Peter here is talking about the (gender) on his gf birth certificate

[brocky]

For some obvious reason bab,,,,Peter here is talking about the (gender) on his gf birth certificate

Thanks for the advice guys (and the welcome!).

Bab: It's because she does not have a passport and we're assuming the application will be rejected because of the error.

Arthur: GENDER! that was the word I couldn't think of and instead ended up using the 'S'-word Oh well, it'll give the pervy lurkers something to read in their search results

sars_notd_virus: I'd not heard of the Supplemental Report thing so we'll give that a go. Interestingly there are a few posts on that blog with a similar problem. I'm still confused as to whether she will still need a lawyer+court hearing though - has that system been superceded?

[Florge]

well, a BC is a legal document thus an evidence for anything.. so if your BC says you're male.. even if you have a vagina.. then you are male.. and if your BC states that you are born on 1st of April even if it's actually 2nd of April.. then it will be hard to prove

[sars_notd_virus]

sars_notd_virus: I'd not heard of the Supplemental Report thing so we'll give that a go. Interestingly there are a few posts on that blog with a similar problem. I'm still confused as to whether she will still need a lawyer+court hearing though - has that system been superceded?

Your Welcome Peter
Just let your girlfriend go to the Local City Registrars Office and bring the supplemental documents(baptismal cert,school records,drivers license etc etc) and they will decide if there's a need for a lawyer+court hearing.
try to read this link Republic Act 9048(clerical error law)..
http://www.census.gov.ph/data/pressr.../pr0127tx.html
http://www.census.gov.ph/data/civilr...ra9048.html#Q6

[joebloggs]

Your Welcome Peter
Just let your girlfriend go to the Local City Registrars Office and bring the supplemental documents(baptismal cert,school records,drivers license etc etc) and they will decide if there's a need for a lawyer+court hearing.
try to read this link Republic Act 9048(clerical error law)..
http://www.census.gov.ph/data/pressr.../pr0127tx.html
http://www.census.gov.ph/data/civilr...ra9048.html#Q6

i would have thought you would need to go to court to make any major change to a brith cert, i think the local registrars can only correct spelling mistakes etc.

[sars_notd_virus]

I'm sorry Joe, my mistake yes they can go to City trial court and file a change of gender and will have to wait for the decision for 6months or so...

Just gave an option to go first to LCRO not to change the paper but to decide and advice on what to do if there's a need for lawyer and court hearing or consider it as a clerical error after seeing the supplemental docs.

[joebloggs]

I'm sorry Joe, my mistake yes they can go to City trial court and file a change of gender and will have to wait for the decision for 6months or so...

Just gave an option to go first to LCRO not to change the paper but to decide and advice on what to do if there's a need for lawyer and court hearing or consider it as a clerical error after seeing the supplemental docs.

, im sure your right, i dontr know for def, but i'm sure they can only change/amend small mistakes, i would have thought the wrong sex was a major one

[sars_notd_virus]

i would have thought the wrong sex was a major one

[brocky]

I'm sorry Joe, my mistake yes they can go to City trial court and file a change of gender and will have to wait for the decision for 6months or so...

Just gave an option to go first to LCRO not to change the paper but to decide and advice on what to do if there's a need for lawyer and court hearing or consider it as a clerical error after seeing the supplemental docs.

Aarrgh - 6 months?!? Somebody please tell me there is an expedition process?