Arkansas Identity Documents

Overview

Name Change (Adult): Yes. No requirement for publication in a newspaper or a hearing.
Name Change (Minor): Yes.
Birth Certificate (Name): Yes. Requires court order.
Birth Certificate (Gender Marker): Yes. Requires court order and certification of surgery.
Driver’s License (Name): Yes.
Driver’s License (Gender Marker): Yes. Requires amended birth certificate. Only M or F markers are allowed.

If you’re thinking about updating your name or gender marker, congratulations! The process and information below might seem overwhelming. Take it one step at a time. There’s additional resources and organizations linked below to help you. You’ve got this!

Arkansas Name Change Law & Steps (for Adults)

To obtain a legal name change in Arkansas, you must submit a petition to the court. These steps will guide you through the process.

The name change process for an adult requires filing a Cover Sheet, a Petition for Change of Name, and an Order for Name Change with the local Circuit Court. The petition must be notarized before filing. Some counties have additional requirements, such as a Disposition Sheet. There is no requirement for publication of notice in a newspaper. The Court may or may not schedule a hearing — this varies by county.

Step 1: Contact Local Court Clerk for Requirements

You should begin by contacting the clerk at your local circuit court to ask about specific requirements for that circuit, such as whether a hearing is required and the correct filing fee. This map shows the jurisdiction of each Circuit Court, and the contact information for the Clerk's Office of the Courts can be found here.

Step 2: Prepare Petition and Other Forms

Additional guidance is available from Arkansas Law Help. Here are the forms you will need:

Circuit Court Cover Sheet (available here). You will need to fill in the following information:
- County or District Only (for counties with two county seats)
- Filing Date
- Type of Case: (OM) Civil – Other
- Plaintiff (i.e., Your Current Legal Name)
- Driver’s License/State ID Number
- Address (including City, State ZIP)
- Phone Number
- Email Address
- Check “Yes” for “Self-represented”
- Date of Birth
- Indicate Whether You Need an Interpreter
- Check “Original” for “Manner of Filing”
Petition for Change of Name (available here)
- If you are requesting a name change only, you can list the reason you are requesting a name change as “common usage” or “this is my preferred name” as stating you are transgender is unnecessary and may result in a denial of your request, harassment, or requests for additional documentation.
- If you are requesting a name change at the same time as a request for a court order to update your gender marker on your Birth Certificate (See the Updating Your Birth Certificate section of this guide for more information on this process.), you may wish to list the reason you are requesting a name change as “sex has been changed by surgical procedure.”
Order for Name Change (available here)
Disposition Sheet (if necessary) (available here)
In Forma Pauperis (Fee Waiver) (if necessary) (available here) If you are applying for a fee waiver, a judge will need to grant the waiver before you can file your petition.

All forms must be filled out with your current legal name. The new name appears only on the Petition and Order.

The Petition must be notarized before being filed with the court. Notaries can be located through the Arkansas Secretary of State's database of notaries.

Step 3: File Paperwork with the Court

You should submit the notarized petition and other paperwork to the clerk's office at your local circuit court and pay the filing fee (or request a fee waiver using the In Forma Pauperis form linked in Step 2). The filing fee may vary but is typically about $165.00.

If the court schedules a hearing, the clerk will provide you with a notice with the location, date, and time of the hearing when you file. If no hearing is scheduled, the Petitioner should follow the instructions given by the clerk.

Step 4: Attend Hearing (If Applicable)

At a hearing, the judge may ask questions about the petition, including reasons for changing it. If a hearing is scheduled, the Petitioner should consider consulting with an attorney or calling the Arkansas Law Help helpline (1-888-540-2941) in advance.

If the Court grants the name change, the Petitioner should proceed with updating their identity documents. If the Court denies the name change, the Petitioner should contact an attorney or the Arkansas Law Help helpline to determine what options are available to them.

Arkansas Name Change Law & Steps (for Minors)

In order to change a minor's name, the minor's parent or guardian must file the petition on the minor's behalf. This requires filing a Cover Sheet, a Petition for Change of Name-Minor, and an Order for Name Change with the local Circuit Court. The petition must be notarized before filing. Some counties have additional requirements, such as a Disposition Sheet. There is no requirement for publication of notice in a newspaper. The Court may or may not schedule a hearing — this varies by county.

In addition, the parent who is not the one filing the petition on the minor's behalf must sign a Consent to Name Change to be filed with the Court. If the non-filing parent does not consent, the filing parent must have notice of the name change served upon the non-filing parent, and they must be given a chance to object.

It is possible that the Court will deny the name change if both parents do not consent. In determining whether to grant the request, the judge will take into consideration the best interests of the child. This may include (1) the child’s preference (given more weight the older the child is); (2) the effect of the change of the child’s name on the preservation and development of the child’s relationship with each parent; (3) the length of time the child has borne a given name; (4) the degree of community respect associated with the present and proposed names; (5) the difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name; and (6) the existence of any parental misconduct or neglect. (See Poindexter v. Poindexter, 360 Ark. 538 (2005)). You should be prepared to answer questions from the judge regarding the issues listed above. In addition, you may also submit additional evidence showing why the change is in the child’s best interest. Additional evidence could include, for example, letters: from health care professionals confirming the child’s gender identity; from teachers, family, or friends confirming the use of the child’s preferred name, etc.

Step 1: Contact Local Court Clerk for Requirements

The parent should begin by identifying their local Circuit Court and contacting the Clerk's Office to ask about specific requirements for that circuit, such as requiring a Disposition Sheet or holding a formal hearing, as well as the filing fee for that Court. This map shows the jurisdiction of each Circuit Court, and the contact information for the Clerk's Office of the Courts can be found here.

Step 2: Prepare Petition and Other Forms

Circuit Court Cover Sheet (available here)
Petition for Change of Name-Minor (available here)
Order for Name Change (available here)
Consent to Name Change (available here)
Affidavit of Proof of Service (if necessary) (available here)
Disposition Sheet (if necessary) (available here)
In Forma Pauperis (Fee Waiver) (if necessary) (available here)

All forms must be filled out in the minor's current legal name. The new name appears only on the Petition and Order. The reason for requesting a name change can be given simply as “common usage” or “this is my child’s preferred name.”

The Petition must be notarized before being filed with the court. Notary services are typically provided by banks and government agencies, sometimes for a fee. Notaries can also be located through the Arkansas Secretary of State's database of notaries.

Additional guidance is available from Arkansas Law Help.

Step 3: File Paperwork with the Court

The parent should submit the notarized Petition and other paperwork at the Clerk's Office of their local Circuit Court and pay the filing fee (or request a fee waiver using the In Forma Pauperis form linked in Step 2). The filing fee may vary, but is typically about $165.00.

It is likely that the Court will schedule a hearing. In that case, the clerk will provide the parent with a Notice of Hearing at the time of filing.

If one parent does not consent to the name change, the filing parent will be required to have the non-consenting parent served by certified mail with the Notice of Hearing and other paperwork as directed by the clerk. The filing parent will then need to submit a notarized Affidavit of Proof of Service with the court.

If no hearing is scheduled, the Petitioner should follow the instructions given by the clerk.

Step 4: Attend Hearing (If Applicable)

At a hearing, the judge may ask the parents and the minor questions about their name change, including their reasons for changing it. If one of the parents objects to the name change, they will be given an opportunity to present their objection and the minor and filing parent will have an opportunity to respond. Even if both parents consent, they should provide evidence of reasons why the name change would be in the best interests of the child.

If one parent does not consent to the name change, the filing parent should consider consulting with an attorney or calling the Arkansas Law Help helpline (1-888-540-2941) in advance.

If the court grants the name change, you should proceed with changing their identity documents as described below. If the court denies the name change, the minor and filing parent you should contact an attorney or the Arkansas Law Help helpline to determine what options are available to them.

Arkansas Gender Marker Change Law & Steps (for Adults)

To update your gender marker on your birth certificate and other documents, you will need a certified copy of an Order for Gender Change. The court will ask for a doctor’s affidavit that your "the sex of an individual born in this state has been changed by surgical procedure.”

Step 1: Prepare Documents for your Court Order for Gender Change

You will need to complete three forms. On the first, the Cover Sheet, follow the instructions to obtain a Name Change and select “(OM) Civil – Other" under “Type of Case.” The second form you need to complete is the Petition for Gender Change. The third form is the Order for Gender Change.

Step 2: Pay fees or complete fee waiver

The current fee for a gender marker change is $165, though it may be more in some counties. If you cannot afford this fee, you can request that the court waive the fee. To do this, you will need to complete three forms. 1) Petition for Leave to Proceed In Forma Pauperis, which should be filled out with your current legal name and signature. 2) Affidavit in Support of Request to Proceed In Forma Pauperis, which you will need to sign and get notarized. 3) Order Granting Leave to Proceed In Forma Pauperis.

Step 3: Go to the Circuit Court Clerk’s Office

Take the original forms, three copies of the Petition and Affidavit, and the $165 filing fee or granted fee waiver to the Circuit Court Clerk’s Office in your county of residence. You can pay the filing fee in cash or with a check or money order addressed to “[County Name] County Circuit Court Clerk.” If you are submitting a fee waiver, you must already have filed the fee waiver and had it approved by a judge before you can proceed.

Step 4: Attend Hearing (If Applicable)

The next steps will depend on which county you are filing in. The clerk should explain the process in your county and should issue a Notice of Hearing. If they do not, ask the clerk to issue a Notice of Hearing. Once you have a Notice of Hearing, ask the clerk which judge has been assigned to your case. Go to that judge’s office with the Notice of Hearing and set a time and date for your hearing with the case coordinator. Once the coordinator has recorded the date and time of the hearing, take the Notice of Hearing back to the clerk, who will file the Notice of Hearing.

On the day and time of your hearing, go to the Circuit Court written on your Notice of Hearing. Typically, you will wait in the assigned courtroom until called. The judge will then proceed with the hearing and will probably ask questions about your gender marker change. Answer these questions honestly, and if asked why you are changing your gender marker, it is a good idea to respond with something along the lines of “My birth sex has been changed by a surgical procedure.” Once the judge has approved an Order for Gender Marker Change, take the original Order and any copies to the clerk’s office for filing. It is a good idea to get several certified copies of your Order for Gender Marker Change, as multiple may be needed for updating your other documents. Certified copies cost $5 per copy.

Arkansas Driver's License Procedures

Step 1: Prepare documents and fee

To update the legal name on your driver’s license or state ID card, submit a certified copy of your Name Change Order. The fee to update your driver’s license or state ID is $10.

Step 2: Submit documents

Submit these documents at your local Office of Motor Vehicles.

For Gender Marker Changes

Step 1: Prepare documents and fee

To correct the gender marker on a driver’s license or state ID card in Arkansas, you must provide an amended birth certificate with a corrected gender marker from Arkansas or another state. Previously, Arkansas allowed people to self-identify their genders including allowing X gender markers, but this policy was rescinded in 2024.

To update the gender marker on your driver’s license or state ID card, submit the application form.

Step 2: Submit documents

Submit these documents at your local Office of Motor Vehicles.

Arkansas Birth Certificate Procedures

To update your name on your birth certificate, you will need a certified copy of your name change order and a copy of your original birth certificate.

Step 1: Prepare Documents and Fee

To update your legal name on your Birth Certificate, you will need a Certified Copy of Order for Name Change (once a Circuit Court Judge has issued an Order for Name Change, you may obtain certified copies of the Order from the Circuit Court Clerk’s Office for a fee of up to $5.00 per copy) and a Copy of Original Birth Certificate.

There is a $15.00 fee to update your Birth Certificate. There is a $12.00 fee to request a copy of an amended Birth Certificate. –The Arkansas Department of Health accepts cash, checks, money orders made payable to “Arkansas Department of Health,” and all major credit cards (American Express, Discover, Mastercard, or Visa). If you plan to request your amended Birth Certificate via mail, do not send cash.

Step 2: Deliver Documents

If you are delivering the above documents and fee by mail, send them in a self-addressed, stamped envelope to:

Arkansas Department of Health

4815 West Markham Street, Slot 44

Little Rock, Arkansas 72205

If you are requesting an amended birth certificate in person, go to the Vital Records Department, which is on the bottom floor of the mailing address. Present your documents, and you should receive an amended birth certificate during that visit.

For Gender Marker Changes

Step 1: Prepare documents and fee

You will need a certified copy of your Order for Gender Marker Change and a copy of your original birth certificate. The Department of Vital Records may also ask for a copy of the affidavit from your doctor confirming “the sex of an individual born in this state has been changed by surgical procedure.” There is also a $15 fee, along with a $12 fee for a copy of the amended birth certificate. The Arkansas Department of Health accepts cash, checks or money orders addressed to “Arkansas Department of Health,” and all major credit cards.

Step 2: Submit documents

If you are submitting by mail, send the documents noted above and your filing fee to the following address:

Arkansas Department of Health

4815 West Markham Street, Slot 44

Little Rock, Arkansas 72205

If you are submitting by mail, do not send payment for the fee in cash.

If you are delivering your documents in person, go to the Arkansas Department of Health office at 4815 West Markham Street. Go to the Vital Records Department on the ground floor. Submit your documents. You should receive your updated birth certificate before you leave.

Additional Resources

The ArTEC Name & Gender Change Guide contains step by step instructions for this process. Please note that this guide was last updated in 2020. Forms included in the guide are outdated and the law on federal and state gender markers have changed since then.

Additional guidance is available from Arkansas Law Help.

Arkansas Code Citations

Ark. Code Ann § 006-16-24

Ark. Code Ann. § 20-18-307