Justice Paul G. Feinman
Petitioner Birney sought an order compelling the Department of Health and Mental Hygiene (DHMH) to amend his birth certificate to reflect his correct name and gender. Birney stated he was a transgender male who underwent “convertive surgery,” submitting a notarized letter from his physician indicating he performed a female to male gender reassignment surgery on Birney, who was now a fully functioning male. DHMH returned the application insisting it required detailed surgical operative records, including pre- and post-operative psychiatric evaluations. The court, initially, concluded, contrary to DHMH’s assertion, Birney was not time-barred from commencing the proceeding. Further, it noted DHMH claimed the application lacked proof of convertive surgery, yet found the allegation the doctor’s letter was a conclusory statement of an unknown physician “strained” as it included the doctor’s contact information and license, and stated Birney underwent convertive surgery and was now a fully functioning male. The court found no rational reason why a notarized letter was insufficient, remanding the petition to DHMH for reconsideration in accordance with the decision.
