A.B.C. v. New York State Department of Health

OPINION OF THE COURT

Charles J. Markey, J.

This proceeding raises an issue of first impression in New York State on the power of a court in this state to declare of*518ficially the gender of a petitioner who has undergone gender reassignment surgery and to change an out-of-state birth certificate.*

The petitioner was born on XXXX Y, 19ZZ, in Orange, California, as a female named A.B.C. On May 25, 2011, petitioner underwent irreversible gender reassignment surgery, altering petitioner’s sexual characteristics from female to male. Petitioner had previously obtained an order dated XXXX Y, 20ZZ, from a…