Montana Identity Documents

Overview 

  • Name Change (Adult): Yes. A hearing is required. There is a publication requirement. If you are concerned for your personal safety because of publication and/or a public hearing, you can request your case to be confidential. 
  • Name Change (Minor): Yes. A hearing is required. You will need to obtain consent from all known legal parents. If you are unable to obtain consent from all known legal parents, you will need to publish notice of your name change in the newspaper.  
  • Birth Certificate (Name): Yes. A certified copy of a court order for change of name is required to make this amendment. 
  • Birth Certificate (Gender Marker): Yes. No court order or proof of surgery is required. M and F markers are available. Availability of X gender markers currently under litigation. 
  • Driver’s License (Name): Yes. A certified copy of a court order for change of name is required. 
  • Driver’s License (Gender Marker):  Yes. An amended birth certificate is required to make this change. 

Montana Name Change Law & Steps (for Adults) 

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

You can find your 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: Complete the Name Change Petition 

In order to begin the name change process, you must complete the Petition for Name Change (Adult).  

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 District Court 

You will need to file the required forms listed below with the district court of your county of residence. You can find your district court here.  

All the required forms are available here. You will need: 

If you are unable to afford the filing fee, you can submit a fee waiver with the Affidavit of Inability to Pay.  

If you are concerned that publication and/or a public hearing may impact your personal safety, you may be able to request confidentiality and have your case sealed. You will need to file additional documents, which are outlined and included here. 

Step 3: Publication Requirement 

Montana has a publication requirement, which requires notice of your name change to be posted once a week for 4 weeks before your hearing. This requirement is to ensure that you are not changing your name for fraudulent purposes.  

You will need to give the Notice of Hearing on Name Change to the person who handles legal notices at your local newspaper. Once notice of your name change has been in your local newspaper for the duration of the required publication period, the newspaper will issue proof of publication, which you will also need to file with the court and bring to your hearing. 

If you are concerned for your personal safety, it is recommended to request confidentiality and have your case sealed. This will waive the publication requirement. You will need to file additional documents, which are outlined and included here. 

Step 4: Attend Hearing 

Once the proper paperwork is filed, the court will 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, they will sign the Order for Name Change and you will request a certified copy of the order from your district court. This can be done immediately after your hearing. It is recommended that you ask for 5-7 copies of this order, as you will need certified copies to amend your identity documents. A fee will apply per copy 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.

Montana Name Change Law & Steps (for Minors) 

To obtain a legal name change as a minor (someone under 18 years of age), an adult (typically your parent or guardian) must submit a petition to the court on your behalf. A petition is a formal written application to a court requesting judicial action—in this case, your name change! These steps will guide you through the process. 

Granting the requested name change is at the discretion of the district court. You can find your 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: Complete the Name Change Petition 

In order to begin the name change process, you must complete the Petition for Name Change (Child).  

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 District Court 

You will need to file the required forms listed below with the district court of your county of residence. You can find your district court here.  

All the required forms are available here. You will need: 

If you are unable to afford the filing fee, you can submit a fee waiver with the Affidavit of Inability to Pay.  

Step 3: Obtain Parental Consent or Notification 

Notice to all known and legal parents is required to grant a name change for a minor. 

If both parents consent to your requested name change, they will both need to fill out the Consent to Minor Child’s Name Change and file it with step 2. Any known legal guardian will need to file their own separate consent form, including the guardian completing the petition on behalf of the child. If all known legal guardians consent to the name change, publication is waived. 

Before the consent form can be filed, your guardian(s) will need to have it notarized. They can make an appointment with a notary public at their local bank, library, or county clerk’s office. They must bring proper identification (e.g. driver’s license) to their appointment. Do not sign the petition until with the notary. For more information about how to prepare for a notary appointment, click here. 

If a known legal parent(s) does not consent, they will need to be notified of your name change through publication. The Order Setting Hearing will provide you with more instructions and will tell you where to publish.  

You will need to file Notice of Hearing on Name Change of Minor Child during step 2 and bring it to the person who handles legal notices at your local newspaper. Notice of your name change will need to be published in your county’s newspaper once a week for 4 weeks before your hearing. 

Once notice of your name change has been in your local newspaper for the duration of the required publication period, the newspaper will issue proof of publication, which you will also need to file with the court and bring to your hearing. 

Step 4: Attend Hearing 

Once the proper paperwork is filed, the court will schedule a hearing, which you and your petitioning guardian will be required to attend.  

During the hearing, the judge may ask you and your petitioning 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, they will sign the Order for Name Change and you will request a certified copy of the order from your district court. This can be done immediately after your hearing. It is recommended that you ask for 5-7 copies of this order, as you will need certified copies to amend your identity documents. A fee will apply per copy 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.

Montana Birth Certificate Policy & Procedures 

The Montana Department of Public Health and Human Services will issue an amended birth certificate upon receipt of a court order for name amendments and the gender designation form for gender marker amendments. It will take 2-3 weeks to complete the amendment. 

When Amending the Name Only

To change your name on your birth certificate, you will need to submit the following: 

  • Affidavit for Correction of a Vital Record 
  • A certified copy of a court ordered change of name 
  • The required $41.00 amendment fee, which includes one certified copy of the certificate. There is an additional $16.00 fee for each copy requested thereafter. 

Please note that you will need to have the affidavit for correction notarized before submitting. You can make an appointment with a notary public at your local bank, library, or county clerk’s office. You must bring proper identification (e.g. driver’s license) to your appointment. Do not sign the petition until you are with the notary. For more information about how to prepare for a notary appointment, click here. 

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

Montana will issue a new birth certificate with an updated name and gender upon receipt of an affidavit from the individual. No court order or medical documentation is required. The department will also accept a government-issued ID showing the correct gender or a court order. 

To change your gender marker on your birth certificate, you will need to submit the following:  

Submitting the Required Documents & Next Steps

If you were born in Montana, you may mail your request, required documents, and fee payment to the Montana Vital Records Office or bring the proper documentation and photo identification to the office in person. 

Mailing address: 

Montana Vital Records 
PO Box 4210 
Helena, Montana 59604   

If you are no longer a Montana resident, but you have a birth certificate issued by the state of Montana, you are still able to mail-in your request and amend your birth certificate as outlined above. The Montana 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 Montana, 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. 

Montana Driver's License Policy & Procedures 

In order to update the name on a Montana 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 or state ID, you will need to make an in-person appointment with the MVD. You can schedule an appointment here.  

You will need to bring the following to your appointment:  

  • A certified copy of your order of name change 
  • Proof of identity 
  • Your current DL/ID 
  • Updated social security 
  • Two forms of proof of Montana residency  
  • The licensing fee (which varies depending on license type) 

A list of acceptable documents is available here. 

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

Montana 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 Montana. 

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

You will need to bring the following to your appointment:  

  • An amended birth certificate displaying your preferred gender OR a certified copy of a court order for change of gender 
  • Proof of identity 
  • Your current DL/ID 
  • Updated social security 
  • Two forms of proof of Montana residency  
  • The licensing fee (which varies depending on license type) 
  • A certified copy of your order of name change (if you wish to update your name simultaneously) 

A list of acceptable documents is available here. 

If you have additional questions, you may wish to contact your MVD at 406-444-3933.

Additional Resources

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

  • Trans Visible Montana—offers free name change assistance, including workshops, consultations, and step-by-step support.  
  • 406 Pride—has compiled detailed community and legal resources for trans and gender diverse folks in Montana. This includes guides from Montana Legal Services and Montana Help Law as well as a list of LGBTQ friendly practitioners.  

Montana Legislature Code Citations

Last updated December 2025.

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