Names - Change of Name - Application to Change Name and Sex Designation on New York and Peruvian Identification Documents

Reed Smith LLP, New York City (Shaun Lee of counsel), for petitioner.

The court grants petitioner's application for leave to change{**88 Misc 3d at 283} their name and sex designation in the manner and for the reasons set forth below.^[FN*]

Petitioner is a resident of Bronx County born in the Republic of Peru, and seeks leave to change their name and sex designation from male to female. (Petition ¶¶ 1, 6-7.) In bringing this proceeding, petitioner specifically pleaded that they "would like the name on my identity documents to match my identity and appearance," and that petitioner "would like to change my sex designation to align my identity documents with my female gender identity." (Petition ¶¶ 15, 20.) By interim order, the court adjourned this proceeding for petitioner to "submit supplemental papers addressing the Court's authority to grant the relief sought following Matter of N.K., 76 Misc 3d 641 (Civ. Ct., Bronx Co. 2022); and Adv. Op. OC-24/17 (Inter-Am. Ct. of H.R. 2017)," in which the Civil Court addressed the authority of the court in relation to out-of-state identity documents and the Inter-American Court of Human Rights discussed the right to amend identity documents in accordance with gender identity. In responding, counsel avers that petitioner "is not seeking an order specifically referencing any specific identity document," but rather restates that petitioner seeks leave "to assume the proposed sex designation of female." (Supplemental aff in support ¶¶ 3-4.) To the extent petitioner's request for relief remains somewhat ambiguous, the court will address the question regarding what documents the court may order amended. (Matter of N.K. at 642.)

Regarding any New York-issued identity documents (among which include petitioner's New York City identification card and New York State electronic benefits card, copies of which petitioner annexed as exhibits), petitioner is entitled to the requested changes of name and sex designation under Civil Rights Law §§ 63 and 67-a as a matter of course. (See e.g. Matter of E.A.C.S., 84 Misc 3d 332, 333 [Civ Ct, NY County 2024] [collecting authorities and discussing New York's standard of review].) Accordingly, the petition is granted in its entirety as [*2]to all documents issued by New York State or its localities.

As to petitioner's Peruvian identity documents (among which would include petitioner's Peruvian birth certificate, a copy of which petitioner annexed as an exhibit) the question is whether the laws of Peru permit such a change. (Matter of "Mary,'' 75{**88 Misc 3d at 284} Misc 3d 643 [Sup Ct, Clinton County 2022] [denying leave to amend documents issued in Vermont].) The Republic of Peru appears to have a treaty obligation pursuant to the American Convention on Human Rights to entertain an application for leave to amend a name and sex designation in conformance with someone's gender identity. (See Nicolás Carrillo-Santarelli, Gender Identity, and Equality and Non-Discrimination of Same Sex Couples. State Obligations Concerning Change of Name, Gender Identity, and Rights Derived from a Relationship between Same-Sex Couples [Interpretation and Scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18, and 24, in Relation to Article 1, of the American Convention on Human Rights]. Advisory Opinion OC-24/17. Series A, No. 24. at http://www.corteidh.or.cr/docs/opiniones/seriea_24_Eng.pdf. Inter-American Court of Human Rights, November 24, 2017, 112 Am J Intl L 479 [2018] [discussing Inter-American Court of Human Rights decision regarding gender identity obligations].) Specifically, in Advisory Opinion OC-24/17, the court found that "to ensure alignment with self-defined identity . . . and protect from arbitrary or unlawful interference with one's privacy, individuals are entitled to have a name change, image rectification, and correction of sex or gender appear in public records and identity documents," and that "the procedures to achieve these changes must be based exclusively on the free and informed consent of the applicant, and cannot be conditioned on requiring medical certificates, psychological appraisals, surgeries, or treatments." (112 Am J Intl L at 481 [citations and internal quotation marks omitted].) This is consistent with Civil Rights Law § 67-a as well and, as Peru has ratified the American Convention and accepted Inter-American Court of Human Rights jurisdiction, that court's holding requiring member states to recognize sex designation changes appears controlling. As such, and also following Matter of N.K., the court can and does grant petitioner leave to seek amendments of their Peruvian identity documents consistent with the Civil Rights Law and Advisory Opinion OC-24/17.

Accordingly, the petition is granted.