After reading this article about changing name or sex on the ground of sex reassignment, you may also read: CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH WITHOUT FILING A CASE IN COURT
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A change of name is a privilege, not a right
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A person’s first name appearing in the birth certificate cannot be changed on the ground of sex reassignment
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No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment
May your dear friend, after transforming himself to a “woman”, or herself to a “man”, file a petition for the change of his or her first name and sex in his or her birth certificate?
For an answer to the question, let us take the case of Rommel Jacinto Dantes Silverio vs. Republic of the Philippines, G.R. No. 174689, October 22, 2007.
In the said case, the petitioner’s name was registered as “Rommel Jacinto Dantes Silverio” in his certificate of live birth. His sex was registered as “male.”
Rommel states that he is a male transsexual, that is, “anatomically male but feels, thinks and acts as a female” and that he had always identified himself with girls since childhood. Feeling trapped in a man’s body, he consulted several doctors. He underwent psychological examination, hormone treatment and breast augmentation. His attempts to transform himself to a “woman” culminated when he underwent sex reassignment surgery. He was then examined by a plastic and reconstruction surgeon, who issued a medical certificate attesting that Rommel had in fact undergone the procedure.
From then on, Rommel lived as a female and was in fact engaged to be married. He then sought to have his name in his birth certificate be changed from “Rommel Jacinto” to “Mely,” and his sex from “male” to “female.”
Let us focus first on the first question, “May his first name ‘Rommel Jacinto’ be changed to ‘Mely’”?
The law says:
No.
First, Rommel’s basis in wanting to have his first name be changed 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. The law 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 proof that such change is under the grounds contemplated by law. This is because a change of name is not a right but merely a privilege.
Next question is, “May Rommel change his sex from “male” to “female”?
The law says:
No.
A birth certificate is a historical record of the facts as they existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law leally recognizing sex reassignment, the determination of a person’s sex made at the time if his or her birth, if not attended by error, is unchangeable.
In relation to the first question above, what then are the grounds for change of first name? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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