Delaware Identity Documents

Overview

• Name Change (Adult):  Yes. Requires a brief court hearing. Does not require publication in a newspaper. 
• Name Change (Minor): Yes. Requires a brief court hearing and consent from at least one parent or guardian and notice to others.  
• Birth Certificate (Name): Yes. Requires name change order. 
• Birth Certificate (Gender Marker): Yes. X gender marker is not available. Requires certification from a medical or mental health professional of surgical, hormonal, psychological or other treatment for medical transition.  
• State ID / Driver’s License (Name): Yes. Requires name change order. 
• State ID / Driver’s License (Gender Marker):  Yes. X gender marker is not available. Requires certification from a medical or social service provider of gender identity but does not require proof of medical treatment. 
• Restrictions based on Criminal History: If under supervision of Department of Corrections, must demonstrate that name change is motivated by a sincerely held religious belief or gender identity. Department of Corrections will be given notice and an opportunity to oppose. 

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.

Delaware Name Change Law & Steps (for Adults) 

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

You can find the court of common pleas in your county of residence here. It is recommended to check with your local court for any additional requirements, as some courts have their own local forms or guidelines. 

A name change will not be granted to avoid creditors or other fraudulent purposes.  

Step 1: Complete the Name Change Petition 

To start your case, you will need to complete the name change petition – Petition for Name Change (available in the instruction packet). 

Don’t let the unfamiliar format of a court petition scare you. Make sure to review all your completed documents for correct spelling and formatting before filing. 

Step 2: Gather Documents & File at the Common Plea Court 

You will need to gather and file the required documents listed below with the Court of Common Pleas of your county of residence. All the required forms are available in the instruction packet. You will need: 

• Petition for Change of Name  
• Affidavit of Petitioner (this form must be notarized) 
• A copy of your original birth certificate 
• A valid form of photo ID 
• Documents related to any previous name changes (if applicable) 
• Filing fee of $85  

If you are unable to afford the filing fee, you can request a fee waiver (in forma pauperis) using Application and Affidavit to Proceed in Forma Pauperis.  

Step 3: Attend the Hearing 

Once the proper paperwork is filed, the court may schedule a hearing, which you will be required to attend.  

During the hearing, the judge may ask you further questions about your requested name change. For more information on what a hearing is and how to prepare, click here. 

If the judge approves the request, you will request a certified copy of the order from your district court.  You will receive the signed original order as well as 8 certified copies from the judge. You will need these copies to amend your identity documents. A fee will apply for any additional copies requested. Once you’ve received your certified copies, you may start updating documents and informing other relevant institutions. This includes important documents such as birth certificate, driver's license, social security card, and passport. 

If the judge does not approve the request, you may decide to appeal against the decision or seek legal counsel.

Delaware Name Change Law & Steps (for Minors) 

To obtain a legal name change as a minor (someone under the age of 18), an adult (typically your parent or guardian) must submit a petition to the court on your behalf. These steps will guide you through the process.  

Unlike adult name changes, name changes for minors are filed with the Family Court. You can find your Family Court in your county of residence here. It is recommended to check with your local court for any additional requirements, as some courts have their own local forms or guidelines. 

Step 1: Review the Minor Name Change Instruction Packet 

The Delaware Courts have prepared an in-depth instruction packet for minors seeking a name change and their families.  

A name change for a minor requires more documentation than a name change for an adult. For minors, anyone who has a legal relationship with the child (referred to as a respondent) will need to be notified of the name change. This includes any parent of the child, any guardian of the child whom the child is living with, any guardian ad litem, and any organization that has custody of the child.  

Notifying respondents and complex cases will require supplemental forms (also available in the packet). You may wish to read these instructions in full before beginning the filing process in order to assess which forms are relevant to your case. All supplemental forms are also listed here.  

Step 2: Complete the Name Change Petition 

To start your case, you will need to complete the name change petition – A Petition for Minor Name Change. 

Don’t let the unfamiliar format of a court petition scare you. Make sure to review all your completed documents for correct spelling and formatting before filing. 

If you are 14 years or older, you will also have to sign the Affidavit of Child 14 Years or Older included in the petition. 

Once the petition is completed, you will need to sign it in front of a Notary Public. You can make a notary appointment at the library, bank, or with the county clerk’s office. You must bring proper identification (e.g. driver’s license) to the Notary Public. Do not sign the petition until you are with the notary. For more information about notary appointments, click here.  

Step 3: Gather Documents & File at the Family Court 

You will need to gather and file the required documents listed below with the family court of your county of residence. All forms are available here. You will need: 

• Form 492: A Petition for Minor Name Change 
• Form 346: A Custody Separate Statement  
• Form 240: Information Sheet  
• A certified copy of the minor’s original birth certificate 
• A valid form of photo ID 
• Filing fee (may vary by county and can be paid in cash, check, credit card, money order) 

If you are unable to afford the filing fee, you can request a fee waiver using Affidavit in Support of Application to Proceed in Forma Pauperis Packet.  

Step 4: Respondent Notification and Serving Process (if applicable) 

Notification of all known and legal parents is required to grant a minor name change. 

If both parents consent to your requested name change, one parent will act as the petitioner and sign Form 492. The other parent will act as the respondent and complete Form 493 Affidavit of Parental Consent.  

If Form 493 is not filed, you will need to inform all relevant parties (respondents) of your name change. This includes any parent of the child, any guardian of the child whom the child is living with, any guardian ad litem, or any organization that has custody of the child. 

Notification is done through the serving process, in which each respondent is given a copy of the Petition for Minor Name Change. If the respondent lives in Delaware, this is done through personal service, in which a process server (someone whose job is delivering Court papers) will give a copy of the petition to all respondents. If the respondent does not live in Delaware, a copy of the petition can be sent through certified mail. Make sure to request a return receipt as you will need to bring this to your hearing. 

Once the respondent has received the documents, they have 20 days from the date of service to respond. They may respond one of two ways: 1) completing Form 629: Answer to a Minor Name Change or 2) completing Form 493 Affidavit of Parental Consent. 

If attempts to serve the respondent are unsuccessful or if you are unable to locate the respondent, you will need to complete Form 241: Affidavit that Address is Unknown and publish notice of your name change in a publication that circulates in the last known county/state that the respondent has lived.  

Step 5: Attend the Hearing 

Once the proper paperwork is filed and service is accomplished, the court may schedule a hearing. You will be mailed a Notice of Hearing with the date, time, and additional important information. Your petitioning parent will be required to attend. If you are between the age of 6 and 17 years old, you will also be required to attend the hearing. 

During the hearing, the judge may ask you and your petitioning parent further questions about your requested name change. For more information on what a hearing is and how to prepare, click here. 

Judges may consider whether to grant a name change for a minor according to what is in the ‘best interests of the child’. They typically evaluate the best interest of the child by looking at a variety of factors, which may include the child’s preference (taking into consideration their age and experience), the length of time a child has used that name, the difficulties, harassment, or embarrassment a child may experience from the present or proposed name, and the motives or interests of the parent. 

If the judge approves the request, you will request a certified copy of the order from your district court.  You will receive the signed original order as well as 3 certified copies from the judge. It is recommended to request 5-7 certified copies as you will need these to amend your identity documents. A fee will apply for any additional copies requested.  

Once you’ve received your certified copies, you may start updating documents and informing other relevant institutions. This includes important documents such as birth certificate, driver's license, social security card, and passport. 

If the judge does not approve the request, you may decide to appeal against the decision or seek legal counsel.

Delaware Birth Certificate Policy & Procedures 

The Delaware Health and Social Services will issue an amended birth certificate upon receipt of a court order for name amendments and/or upon receipt of an affidavit from a medical or mental health professional for gender marker amendments. The information that is changed on your birth certificate will not be labelled as amended on the new certificate or any certified copies.  

When Amending the Name Only

To change your name on your birth certificate, you will need to submit the following: 1) a birth certificate application, 2) a certified copy of the name-change order, 3) a $25 fee, and 4) a valid form of photo ID. There is an additional fee for multiple copies. 

When Updating the Name and Gender Marker, or Gender Marker Only

Delaware will amend the gender marker on an individual's birth certificate upon receipt of an affidavit from a medical or mental health professional stating that the applicant has had surgical, hormonal, psychological or other treatment appropriate for the individual for the purpose of gender transition. For instructions for amending the gender marker on your birth certificate, the Vital Records Office provides an instruction packet. 

To change your gender marker on your birth certificate, you will need to submit the following: 1) a birth certificate application, 2) Requester’s Affidavit for Sex Change on Birth Certificate, 3) Healthcare Provider’s Affidavit for Sex Change on Birth Certificate, 4) a valid form of photo ID, and 5) your original birth certificate or $25 fee if you no longer have the original copy. If you are also updating your name, please include a certified copy of the name change order. 

Submitting the Required Documents & Next Steps

If you were born in Delaware, you may mail your request, required documents, and fee payment to the State Vital Records Office or bring the proper documentation and photo identification to the office in-person to any of the three office locations. It will take approximately 2 weeks to process your request.  

Mailing address: 

Office of Vital Statistics 
Jesse Cooper Building 
417 Federal Street 
Dover, DE 19901 

If you are no longer a Delaware resident, but you have a birth certificate issued by the state of Delaware, you are still able to mail-in your request and amend your birth certificate as outlined above. The Delaware Vital Records Office will accept a certified copy of an order for name change signed by a court from your current state of residence.   

If you were not born in Delaware, you will need to follow the amendment instructions from the state’s vital records office. For more instructions, find the state that issued your birth certificate in A4TE’s ID Doc Center and skip to the section on birth certificates. 

For more information or questions regarding amending your birth certificate, contact the Vital Records Office and call 302-744-4549.

Delaware Driver’s License Policy & Procedures 

In order to update the name on a Delaware driver’s license or state ID, you must first change your name with the Social Security Administration. For more information on that process, visit the Social Security Record section of the ID Documents Center. 

To change your name on your license of state ID, you will need to make an in-person appointment with the DMV. You can schedule an appointment here. You must update your name on your DL/ID within 30 days of your order of name change.  

You will need to bring the following to your appointment:  

• Proof of identity 
• Your current DL/ID 
• Two forms of proof of Delaware residency 
• The $1.15 licensing fee 
• A certified copy of your order of name change. 

When Updating the Name and Gender Marker, or Gender Marker Only

Delaware driver's licenses and ID cards can display a gender of either F or M. There is currently no option for an X gender marker in Delaware.  

To change your gender marker on your license or state ID, you will need to make an in-person appointment with the DMV. You can schedule an appointment here.  

You will need to bring the following to your appointment:  

• Proof of identity 
• Your current DL/ID 
• Two forms of proof of Delaware residency 
• The $1.15 licensing fee 
• A Request for Gender Change on Driver License/Identification Card signed by a licensed provider and attesting to your gender identity 
• A certified copy of your order of name change (if also updating your name) 

If you have additional questions, you may wish to contact your DMV at 302-434 3200 or [email protected].

Additional Resources

For even more information, please check out the A4TE Name Change Overview page, which includes a relevant vocabulary list, as well as the additional state resources listed below. You can also reach out with questions via email at [email protected]. 

• Delaware Court Self-Help Resources—has compiled comprehensive self-help instructions for adults and minors seeking name change and gender marker changes in Delaware. You can also contact your county clerk for the Common Claims Court or Family Court.  
• CAMP Rehoboth Community Center—works to create a safer, more understanding, and more positive community in which LGBTQ folks can thrive in Southern Delaware and beyond. They have compiled a list of community resources and may be able to answer questions and provide further direction. They are located at 37 Baltimore Avenue, Rehoboth Beach, DE 19971. 
  • Phone: 302-227-5620 
  • Email: [email protected] 

Delaware State Legislature Code Citations

• Change of Name—Del. Code Ann. tit. 10, §§ 5901-5905 
• Amendment of Vital Records—16 Del. Admin. Code 4205 § 10.7

Last updated December 2025.