(Chicago, Illinois) Citing the need to have an accurate birth certificate for identification purposes, two women born in Illinois asked a court to order the State to issue new birth certificates that reflect their correct gender following sex reassignment surgery.

The Department of Vital Records, however, recently started interpreting the law to provide this option only if an individual has the surgery by a United States-licensed physician. This creates an unnecessary and unfair burden for the growing number of persons who select a surgeon from Europe, South America or Asia, according to the ACLU of Illinois.

Both of the women in the lawsuit filed Tuesday opted for their own reasons to have their gender confirmation surgery in Thailand. The women are represented by the ACLU of Illinois.

The lawsuit, filed in Cook County Circuit Court, argues that denying these women – and others who face the same situation – the ability to secure a new, accurate birth certificate not only creates everyday challenges that are unnecessary and dangerous, but it is antithetical to the advice of medical experts who recommend that persons who transition their gender identity ensure that all aspects of their lives reflect that gender identity.

“I am a woman and I have identified as a woman since early childhood,” said Victoria Kirk, one of the plaintiffs in the suit.

“After making the difficult decision – with the advice and support of my physician and a therapist – to have surgery to conform to this identity, it was disheartening to learn that the State of Illinois would not issue a new birth certificate that recognizes me as a woman simply because I elected to have surgery overseas.”

The lawsuit notes that a birth certificate is a fundamental document for any individual, and having a birth certificate that accurately reflects one’s gender is critical. An accurate birth certificate is important not only in those situations where an employer may require a birth certificate to start a new job, but also – especially under REAL ID proposals approved by Congress – may be necessary in the future to secure identification to drive a car, enter a federal building or board an airplane.

Like Kirk, the other named plaintiff, Karissa Rothkopf was careful in selecting a surgeon for her gender confirmation surgery. She said she reviewed credentials and patients’ reviews of professional surgeons in the Untied States and across the globe, and communicated with the surgeons and their staff about their techniques and recommendations for her particular surgery. Additionally, she said she consulted heavily with her own physician and her therapist.

In the end, she decided that the Thai surgeon she selected offered the safest and best option for her.

“My surgeon was the best option – the best medical option – for me,” said Rothkopf. “My choice of surgeon should not affect my ability to get access to an accurate, current birth certificate.”