North Dakota Identity Documents

Overview

  • Name Change (Adult): Yes. Publication of notice is generally required but can be waived if you are only changing your first or middle name or are a victim of domestic violence. A hearing is typically not required. You must be a U.S. citizen or Lawful Permanent Resident to apply for a name change in North Dakota.
  • Name Change (Minor): Yes. Publication of notice is required. You will need to notify the non-custodial parent through publication and certified mail (if applicable). A background check may be required depending on your county. A hearing is typically not required. The minor child must be either a U.S. citizen or Lawful Permanent Resident.
  • Birth Certificate (Name): Yes. Requires a certified copy of a court order for change of name and a notarized application to change the name on a birth certificate.
  • Birth Certificate (Gender Marker): No. North Dakota is no longer making amendments to gender markers unless genetic testing shows an error in the sex assigned at birth.
  • Driver’s License (Name): Yes. Requires a certified copy of a court order for change of name to make this change.
  • Driver’s License (Gender Marker): Yes. Requires the Gender Designation Form signed by a medical provider to make this change. Only M and F gender markers are available.
  • Restrictions Based on Prior Criminal Convictions: Yes. If you have a prior felony conviction, the name change petition will be denied unless you can show clear and convincing evidence that your request isn’t based on an intent to defraud or mislead, is made in good faith, won’t cause injury to an individual, and won’t compromise public safety.

North Dakota Name Change Law & Steps (for Adults)

To obtain a legal name change in North Dakota, 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. Further instructions and information about the name change process here.

Step 1: Read Through & Complete the Name Change Petition

In order to begin the name change process, you must review and complete the Petition for Name Change.

To make a name change request, you need to be a resident of your county for at least six months.

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: Publication Requirement

Before you can file the petition, you will need to publish notice of your intent to change your name.

North Dakota has a publication requirement, which requires notice of your name change to be published in a newspaper that circulates in your county. This requirement is to ensure that you are not changing your name for fraudulent purposes.

If you are only seeking to change your first and/or middle name, you are eligible to be exempt from the publication requirement. You may also ask the judge to waive publication if you are a victim of domestic violence, and publication poses a personal safety concern. To request exemption from the publication requirement, you may indicate so on your petition. If the judge does not approve your request to waive publication, you will need to complete this step and file the proper paperwork.

You will need to provide the local newspaper of the county in which you are filing. You can find a court approved list of county newspapers here. The duration of the publication period is not specified. You may wish to contact your court clerk for clarification.

Once notice of your name has been published, the newspaper will provide you with proof of publication. You will need to file the Affidavit of Publication or Declaration of Publication once the publication period is complete during step 4. 

You will need to wait 30 calendar days from the publishing date before filing the name change paperwork.

The waiting period is to allow for any objections to be filed. If you receive any written objections to your name change due to publication, you will need to make copies for your records. 

Step 3: 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. Further instructions on applying for a fee waiver are available here. 

Step 4: Background Check (if applicable)

Depending on your county, you may be required to get a background check

You will need to contact the court clerk and inquire about the criminal history background check requirement for your county.

If you are required to complete a background check, you will be required to pay any associated fees and will need to file an additional form: Declaration of Petitioner: Criminal History Records Checks and/or Objections.

If you have a prior felony conviction in any jurisdiction, your petition will be your assumed to be made in bad faith, to defraud or mislead, to cause injury to an individual, or to compromise public safety. Your name change may not be granted unless you prove by clear and convincing evidence that your request isn’t based on an intent to defraud or mislead, is made in good faith, won’t cause injury to an individual, and won’t compromise public safety. You may want to consult with an attorney if you are concerned aboutthis issue.

Step 5: Issuance of Final Judgement

Once the proper paperwork is filed, the court will review your case. A hearing is not required for name change cases. However, a judge may deem a hearing necessary in certain circumstances.

If a hearing is scheduled, the court will notify of the time, date, and location. You will need to bring a copy of all your filed court documents. 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 court approves the request, the judge will sign the Order for Name Change, and you will request a certified copy of the order from your district court. You must request a certified copy of the Confidential Information Form to be attached to the certified copy of the Order for Name Change. This is necessary to amend your birth certificate. 

It is recommended that you ask for 5-7 copies of this order, as you will need certified copies to amend your identity documents. The first copy is $10.00. There is a $5.00 fee per additional 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 you have a felony conviction, you must notify the Bureau of Crime Investigation within 10 days of the order granting the name change.

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

North Dakota 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. 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. Further instructions and information about the name change process here.

Step 1: Read Through & Complete the Name Change Petition

In order to begin the name change process, your petitioning guardian must review and complete the Petition for Name Change.

To make a name change request, you and your petitioning guardian need to be residents of your county for at least 6 months.

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: Publication Requirement

Before you can file the petition, you will need to publish notice of your intent to change your name.

North Dakota has a publication requirement, which requires notice of your name change to be published in a newspaper that circulates in your county. This requirement is to ensure that you are not changing your name for fraudulent purposes.

You will need to provide the local newspaper of the county in which you are filing with the Notice of Petition. You can find a court approved list of county newspapers here. The duration of the publication period is not specified. You may wish to contact your court clerk for clarification.

If you have a non-custodial parent who lives in a different county than the county you are filing, you are required to also publish notice of your name change request in the non-custodial parent’s county.  

Within 10 days of publication, you will need to mail a copy of the Notice of Petition to the non-custodial parent. If you do not know the current address of the non-custodial parent, diligent effort to locate their address must be made. It is recommended to keep track of your efforts. If you are unable to locate the non-custodial parent, you may wish to seek legal assistance. 

If there is no custodial parent (i.e. both parents live together or the other parent is deceased), you will need to indicate that the notice was not mailed on the Petition and Declaration. You will not need to file Declaration of Service by Mail. 

Once notice of your name has been published, the newspaper(s) will provide you with proof of publication. You will need to file the Affidavit(s) of Publication or Declaration(s) of Publication once the publication period is complete during step 4. 

You will need to wait 30 calendar days from the publishing date before filing the name change paperwork.

The waiting period is to allow for any objections to be filed. If you receive any written objections to your name change due to publication, you will need to make copies for your records.

There is no option to waive the publication requirement for minor name change cases. If publication poses significant personal safety concerns, you may wish to seek legal assistance requesting exemption.

Step 3: 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. Further instructions on applying for a fee waiver are available here.

Step 4: Background Check (if applicable)

Depending on your county, you may be required to get a background check

You will need to contact the court clerk and inquire about the criminal history background check requirement for your county.

If you are required to complete a background check, you will be required to pay any associated fees and will need to file an additional form: Declaration of Petitioner: Criminal History Records Checks and/or Objections.

Step 5: Issuance of Final Judgement

Once the proper paperwork is filed, the court will review your case. A hearing is not required for name change cases. However, a judge may deem a hearing necessary in certain circumstances.

If a hearing is scheduled, the court will notify of the time, date, and location. You will need to bring a copy of all your filed court documents. 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.

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 court approves the request, the judge will sign the Order for Name Change, and you will request a certified copy of the order from your district court. You must request a certified copy of the Confidential Information Form to be attached to the certified copy of the Order for Name Change. This is necessary to amend your birth certificate. 

It is recommended that you ask for 5-7 copies of this order, as you will need certified copies to amend your identity documents. The first copy is $10.00. There is a $5.00 fee per additional 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 court does not approve the request, you may decide to appeal against the decision or seek legal counsel.

North Dakota Birth Certificate Policy & Procedures

The North Dakota Department of Health and Human Services will issue an amended birth certificate upon receipt of a court order for name amendments. 

Amendments to gender markers on birth certificates are no longer permitted unless there was a clerical error on the original birth certificate or the results of chromosomal, molecular, karyotypic, DNA, or genetic testing that identifies the sex of the individual, together with an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test or analyzed the test results, attesting to the test results and the accuracy of the test results. 

We have not heard of any cases of North Dakota revoking birth certificates with previously corrected gender markers. If this has happened to you, please contact us at [email protected].

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

  • Birth Request Form
  • A certified copy of a court order for change of name
  • A valid form of identification 
  • The required $15.00 fee. There is an additional fee for multiple copies. 

Please note that you will need to have the affidavit for amendment 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.

Submitting the Required Documents & Next Steps

If you were born in North Dakota, you may mail your request, required documents, and fee payment to the North Dakota Vital Records Office.

Mailing address:

Department of Health and Human Services

Vital Records

600 East Boulevard Ave. Dept. 325

Bismarck, ND 58505-0250

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

North Dakota Driver's License Policy & Procedures

In order to update the name on a North Dakota 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 DMV. 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 North Dakota residency 
  • The $3.00 licensing fee

A list of acceptable documents is available here. 

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

North Dakota Department of Transportation requires a completed Gender Designation Form with a signature from a licensed physician, physician assistant, advanced practice nurse, psychologist, or psychiatrist who is familiar with your transition and can testify that your “gender role transition has been completed and is permanent.” DL/ID can display a gender of either F or M. There is currently no option for an X gender marker in North Dakota.

You will need to make an in-person appointment with the DMV and can schedule an appointment here.

You will need to bring the following to your appointment: 

  • Gender Designation Form 
  • Proof of identity 
  • Your current DL/ID
  • Updated social security
  • Two forms of proof of North Dakota residency 
  • The $3.00 licensing fee
  • A certified copy of your order of name change (if you wish to update your name at the same time)

If you have additional questions, you may wish to contact your DMV at (701) 328-2600.

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].

  • North Dakota Courts—has compiled comprehensive instruction guides for both adult and minor name changes. If you have additional questions, contact your county court clerk. 
  • Gjesdahl Law—practice areas include LGBTQ Family Law and they have experience assisting trans and gender diverse folks with the name change process. Call or email to schedule an appointment. 
    • Phone: (701) 237-3009

North Dakota Citations

Last updated January 2026.

    Footer lines pattern Footer lines pattern

    Stay Informed

    Subscribe to our newsletter to get the latest news and opportunities for action delivered straight to your inbox.

    Subscribe