Sex change and name change

Dear Atty. Angela,

I am a part of the LGBT community and I have just recently had a sex reassignment from being a man to officially becoming a woman. Since I was young, I always felt trapped inside a male body. I also have identified myself to be a woman and I already want to be identified as Andrea from being Andrew. I want my name to reflect my physical transformation. I have a boyfriend and we have plans of getting married someday. Please let me know if there is a way I could have my name changed.

Andrew

Dear Andrew,

I understand what you are going through but this case has similarly been decided which was not in support of the change of name.

In the case of Silverio vs Republic, GR 174689 (2007), the petitioner who likewise had a sex reassignment was not allowed to change his name to that of a female.

“Petitioner’s basis in praying for the change of his first name was his sex reassignment. He intended to make his first name compatible with the sex he thought he transformed himself into through surgery. However, a change of name does not alter one’s legal capacity or civil status. Republic Act 9048 does not sanction a change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing petitioner’s first name for his declared purpose may only create grave complications in the civil registry and the public interest.”

“Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name. In this case, he failed to show, or even allege, any prejudice that he might suffer as a result of using his true and official name.”

Unfortunately, even when you petition for a change of name before a court, this will not be granted. There will be no merit in your petition since the use of your official name does not prejudice you or that you will suffer from the same.

The Supreme Court ruled that a person’s first name and sex cannot be changed on the ground of sex reassignment. There should first be a law passed by Congress before this right could be vested on transgenders who had undergone sex reassignment.