August 31, 2021

Transgender Teen Loses Appeal Over Gender On Birth Record

stock photo

stock photo

FORT WAYNE, Ind. (AP) — The Indiana Court of Appeals rejected a request to change a transgender teen's birth certificate to male from female.

In a 2-1 opinion, the court Monday affirmed a decision by a judge in Allen County, who said there was insufficient evidence that a gender change on the certificate was in the teen's best interest.

The appeal was filed by the teen's mother after a name change was the only approved switch. The parents were also in favor of changing the gender marker.

“The totality of the child’s medical history is highly relevant,” Judge L. Mark Bailey said. “But here the parents decided to forego expert testimony or the proffer of any relevant medical records, in favor of their conclusory testimony prompted by their teenager’s relatively recent disclosure.”

But in dissent, Judge Terry Crone said the mother submitted letters from a doctor and a mental health counselor.

“It should go without saying that H.S.’s parents, who have known him since his birth, are infinitely more capable than the trial court of judging what ‘happiness’ means to their child and what is in his long-term best interests with respect to his gender identity,” Crone said.

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