We recently finished a case for correction of entry in the Birth Certificate, particularly the gender of the client. We had to explain that while the erroneous entry, male instead of female, was not her fault, our laws require a court action before it can be corrected. It is indeed frustrating to spend for legal services when the error was committed by the clerk who prepared the birth certificate.
Fortunately for those who have the same problem, clerical or typographical errors in the sex/gender and birth date appearing in civil registry entries may now be corrected without going to court. On 15 August 2012, President Benigno Aquino signed Republic Act No. 10172 (full text), which extended the administrative procedure for change in first name or nickname under Republic Act No. 9048 (full text) [see Change of Name Without Court Intervention] to include clerical or typographical errors in the sex/gender and birth date. [Refer to the revised discussion in the Legal Wiki on Change of Name]
So, will this mean that it will be easier for those who’ve undergone sex reassignment surgery, or sex change, to have their birth certificates corrected? First, as the law currently stands, correction of the gender appearing in the birth certificate is NOT allowed if based on the ground that the person successfully underwent sex change surgery [see Sex reassignment surgery: Court rejects change of name and gender].
Obviously as a safeguard against any attempt to circumvent this prohibition, if we may call it that, the new law requires the presentation of documents showing the petitioner’s gender closest to his/her birth. RA 10172 provides that: “No petition for correction of erroneous entry concerning the date of birth or the sex of a person shall be entertained except if the petition is accompanied by earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities; nor shall any entry involving change of gender corrected except if the petition is accompanied by a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant.”
This new law is long overdue. For those who seek an easier and less expensive way of getting out of a bad marriage, perhaps the same thing could be said about divorce.
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Hi! Since President already signed for the Republic Act No. 10172. Does this mean that correction for the gender is already available? I mean can I already go to our local registrar tomorrow for the correction?
I forgot to ask, how much would it cost? If I am not mistaken it is 1700 for the M.I, will it be the same?
Too bad my sister just finished changing her gender from “male” to female 5 years ago before this law was amended. She already undergo for a court hearing for gender correction and spent more money.
Good day,
May I request for free correction of my birth certificate? I am a perforated female but in my birth certificate its male; it has an error at my gender. I believe that its not my parents or I fault; its the hospital be responsible to check does documents/birth certificate if its in proper or have an errors, they have duty to check does copy’s of birth certificate before they submit to the NSO office. I’am right? please help me to fixed this errors at my birth certificate we don’t have enough money to fixed or correct this issued.
To Ms. Jean. It’s not to expensive if you wanted to have a correction on your gender at your BC.
Atty, i will retiring soon from government service. Problem is, I don’t have a copy of my birth certificate. When I requested for one with NSO, it appeared that my birth certificate is not in their records. I was born 1947 and the records from 1950s and earlier probably dont exist anymore.
What should I do?
I’ve been advised to apply for late registration. Would that be possible and legal?
Thanks.
Erratum: I will BE retiring soon..
Atty. I would like to inquire about how long will it really takes to correct the error in my mother’s name in my birth certificate. I already filed it in our Civil Registrar here in Pampanga and they told me to wait for 3-4months to get it. But I read a post in Facebook that there is no need to pay to have it corrected and it only takes 15 days to have it corrected.. Pls give me an advise, I really need my birth certificate urgent . With all respect, Violy