Birth Certificate Change

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ZoeBrain

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Here's the law in question:
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(410 ILCS 535/) Vital Records Act.

(410 ILCS 535/17) (from Ch. 111 1/2, par. 73‑17)
Sec. 17. (1) For a person born in this State, the State Registrar of Vital Records shall establish a new certificate of birth when he receives any of the following:
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(d) An affidavit by a physician that he has performed an operation on a person, and that by reason of the operation the sex designation on such person's birth record should be changed. The State Registrar of Vital Records may make any investigation or require any further information he deems necessary.​

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Section 500.45 New Certificates of Birth

This Section is based upon Section 17 of the Act. In the following instances, a new birth certificate shall be prepared (if requested) upon receipt of a Certificate of Adoption or a certified copy of the order of adoption and shall be filed by the State Registrar. Preparation of the new certificate is contingent upon the receipt of proper evidence. An amendment of a Certificate of Live Birth shall not be made in the following instances:
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d) Change of sex designation following surgery by a physician;

1) For cases pertaining to adoption, legitimation, paternity or sex designation changes, the original birth certificate and copies of the original certificate from the local custodians' files shall be impounded and placed in a sealed file with related correspondence and documents. The new birth certificate shall be placed in the official State files, and copies of it shall be sent to the local custodians for their files. Thereafter, any certifications or certified copies issued shall be of the new certificate.​
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Currently, the IDPH Website requires that a) The Physician be registered in the USA, and b) That the surgery be genital reconstruction surgery.

Query #1 : Can anyone tell me where in the Illinois code that "Physician" means a "Physician currently licensed to practice in one of the states (not territories) of the USA"?

Query #2 : Would a pap smear or other operation only performable on a female be adequate, when performed on a person registered as male, to show that the sex designation should be changed.

Query #3 : In the event of #1 being nonexistent, or #2 being in the affirmative, what remedies exist in the state of Illinois for, say, a writ of mandamus to compel the registrar to act in accordance with the law?

This is not an idle question : I know a number of cases where surgery was performed overseas, before the new arbitrary "policy" was announced, and where those concerned cannot now have their records changed.

Oh yes, IANAL, no legal training at all.
 
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