Errors in Gender and Birth Date in Civil Registry Entries

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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Atty. Fred

Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. Read more.

82 thoughts on “Errors in Gender and Birth Date in Civil Registry Entries”

  1. Nais ko sana baguhin ang year of birth ng anak ko instead of 2015 gawin ko sanang 2016 pwede po ba yun ,kasi gusto ko siya kunin papuntang abroad , ang mistake ko hindi kO siya naisama sa dependent application

  2. Hi po ask ko lang po on the process n po ung petition ko for my gender correction but i need to wait for 2-3 months for it..but i really need to get my passport by this month is there a way i can get it without waiting for my petition to be done..please help me

  3. hi i just want to ask what i need to do bec my daugther is wrong gender in her register birthcertifacte and what i must prepre the document to show she is a female to get Nso pls reply me thanks

  4. Hi po.. paano po ba to.. mali ang year sa birth certificate ko dapat 1997 hindi 200 ..ano po dapat kung gwin dyan? Tulong nman po uh..

    At mag kano kaya ang gastos para dyan.

  5. Goodpm po,ano pong hakbang ANG gagawin sa mmaling spelling ng pangalan ko,miron po akong nso ayon po don sa pangala n binigay sakin ng mga parents ko na syang ginamit ko dn sa birth certificate ng mga anak ko pati sa marriage contract nmin ay FARRAH JACKLYN
    ngunit ang name ko sa NSO ay PARAH DICKLIN
    Madaming letters ang Mali.
    At ask ko n dn po kng Magkano ang magagastos ko sa pag ipapaayos nito.
    Salamat po

  6. gud day po, ask ko lang po kng anong procedure po ang pag p correct ng gender ofw po ako d2 s brunei nag renew po me d2 ng passport nnung january n deny po kc hnihingan me ng nso bcert. correct gender hnd n po tnanggap yng affidavt kya obligado po me n ayusin.. can u pls help me po gusto ko p pong bumalik d2.

  7. nais ko po baguhin yong gender ko female po ako at saka male sa birth ko.kasi ngrenew ako ng passport ko inixtend lang ng isang taon1 ofw po ako ditu sa saudi,sana po matulungan niyu ako

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