Delaware | National Center for Transgender Equality

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Delaware

Welcome to our one-stop hub for name and gender change information. Find out how to update your name and gender on state and federal IDs and records. 

Not sure where to start? Here's a quick overview.

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Last updated November 2019

Name Change, Driver's License & Birth Certificate Policies in:

Federal IDs and Records:

Delaware Name Change Laws

To obtain a legal name change in Delaware, an applicant must submit a petition to the court. The applicant must publish notice of the name change in a newspaper at least once a week for three weeks before filing the petition, and then include the Affidavit of Publication with their court petition. (Del. Code Ann. tit. 10, §§ 5901-5905). 

For instructions on legal name changes for minors under 18 in Delaware, see NCTE's Name Changes for Minors in Delaware resource.

Delaware Drivers License Policy & Procedures

In order to update name and/or gender on a Delaware ID, the applicant must first change their name with the Social Security Administration (if changing name) and then submit:

  1. A court order for name change (if changing name)
  2. A Request for Gender Change on Driver License/Identification Card signed by a licensed provider and attesting to the applicants gender identity

The Delaware Division of Motor Vehicles addresses name changes here.

Delaware Birth Certificate Laws

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. 16 Del. Admin. Code 4205 § 10.7. 

To apply for an amended birth certificate, the applicant should submit:

  • individual affidavit requesting a new birth certificate with an updated gender marker
  • A provider affidavit signed by a US licensed medical or mental health professional who has treated or evaluated the applicant stating that the applicant has undergone surgical, hormonal, psychological, or other treatment appropriate for the applicant for the purpose of gender transition, based on contemporary standards (affidavit must include license number and name of issuing jurisdiction)
  • A certified copy of the legal name change (if applicable)
  • A certified copy of the birth certificate (the pink/blue version) or a copy of a government-issued photo ID
  • The associated fees, made out to the Office of Vital Statistics

Mail application to:

Office of Vital Statistics
417 Federal Street
Dover, DE 19901

The website for the DE Office Vital Statistics can be found here.

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