court properly considered not only the literal until he undergoes reassignment surgery. Only after requirements of the name change statute but also such procedure would petitioner be a female, public policy interests. physically as well as psychologically. See, Matter of 57 Misc.2d 813, 293 N.Y.S.2d 834 Anonymous, (1968) (court granted name change from male name *230 Here, petitioner is a pre-operative to female name where petitioner was a transsexual. Although petitioner receives routine transsexual who had already undergone sex hormone therapy, has undergone permanent facial reassignment surgery and was both anatomically and reconstructive surgery, and has had breast implants, psychologically female fact”). To judicially “in the fact remains that he has not yet had gender sanction a pre-operative male transsexual's adoption reassignment surgery, which involves the removal of of an obviously female name would grant legal the male genitalia and the construction of female recognition to a physiological fiction. genitalia. Therefore, although he possesses some of the outward physical characteristics of a female, his physical transformation to the opposite gender is not Accordingly, I would affirm the trial court's yet complete. To permit him to adopt an obviously denial of the petition for legal change of name. female name would be to perpetuate a fiction, since the fact remains that petitioner is anatomically a male Appendix C: Sample Name Change Petition and
court properly considered not only the literal requirements of the name change statute but also public policy interests. *230 Here, petitioner is a pre-operative transsexual. Although petitioner receives routine hormone therapy, has undergone permanent facial reconstructive surgery, and has had breast implants, the fact remains that he has not yet had gender reassignment surgery, which involves the removal of the male genitalia and the construction of female genitalia. Therefore, although he possesses some of the outward physical characteristics of a female, his physical transformation to the opposite gender is not yet complete. To permit him to adopt an obviously female name would be to perpetuate a fiction, since the fact remains that petitioner is anatomically a male until he undergoes reassignment surgery. Only after such procedure would petitioner be a female, physically as well as psychologically. See, Matter of Anonymous, 57 Misc.2d 813, 293 N.Y.S.2d 834 (1968) (court granted name change from male name to female name where petitioner was a transsexual who had already undergone sex reassignment surgery and was both anatomically and psychologically female “in fact”). To judicially sanction a pre-operative male transsexual's adoption of an obviously female name would grant legal recognition to a physiological fiction. Accordingly, I would affirm the trial court's denial of the petition for legal change of name. Appendix C: Sample Name Change Petition and