North Dakota | National Center for Transgender Equality

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North Dakota

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 March2020

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

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North Dakota Name Change Laws

To obtain a legal name change in North Dakota, an applicant must submit a petition to the court. At least 30 days before filing the applicant must publish notice of intended application in a newspaper, however the publication requirement can be waived for victims of domestic violence or individuals only seeking to change their first name. Individuals with a felony conviction must provide additional information with their petition and must notify Bureau of Crime Investigation within ten days of the order granting the name change. (N.D. Cent. Code Ann. § 32-28-02).

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

North Dakota Drivers License Policy & Procedures

North Dakota Department of Transportation will update the gender on a license or ID upon submission of a letter signed by a physician or therapist licensed in the United States stating that your gender role transition has been completed in accordance with the World Professional Association for Transgendered Health Standards of Care (WPATH). The phrase "gender role transition has been completed" must be included in your letter, and means it has been determined that the individual has completed a gender role transition and this change is permanent. This transition may or may not lead to further surgical intervention. Name changes must be done in person as well, and you are required to bring in your current Drivers License and your court ordered name change. The fee is $3. The North Dakota Department of Transportation addresses name change here.

North Dakota Birth Certificate Laws

North Dakota will amend the gender marker on a birth certificate upon receipt of a signed statement from a physician indicating that you have had appropriate clinical treatment for gender transition to a new gender. The statement must specify that the change is considered permanent and complete, and must list a date of completion.  To apply for an amended birth certificate, the applicant should submit their written request form, the physician's statement to request an updated gender marker, a certified copy of their court ordered name change if applicable, and payment of the associated fees.

[Please note that the above is information as indicated by local advocates and by email from the North Dakota Health Department. According to North Dakota regulations, the department will issue an amended birth record on receipt of a written request of "the person who has undergone the operation", an affidavit by a physician stating "that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person’s birth record should be changed", and a court order for legal name change if applicable. The record will be marked amended with a description of the amendments. ND. Article 33-04-12-02.]

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