Name and Gender Marker Change 101

Name Change Process

It is possible to change your name in every jurisdiction in the United States. The process of obtaining a name change (not through marriage or divorce) requires the involvement of the court. This process varies from state to state with different requirements, guidelines, and restrictions.

For most, the process is relatively simple to do without legal assistance, and many states provide in-depth self-help resources that walk folks through the steps needed to change their name.

However, government websites and state legislation are not always the easiest to navigate. The Name Change Project has compiled comprehensive and accessible step-by-step guides for every U.S. State and Territory detailing the name change process for both adults and minors as well as how to update your name and gender marker on important identity documents such as your birth certificate and driver’s license. You will also find additional state-specific resources for further clarification, support, and legal help at the bottom of each page.

Due to the rapidly changing status of transgender rights under the Trump administration, it should be noted that the information listed may not always be up-to date. Make sure to check the date at the bottom of the page to ensure you are viewing the most current information. If you notice information that is no longer correct, feel free to contact us at [email protected].

This page is to provide you with an overview of the name change process and accessible resources. You may find it helpful to come back to this page throughout your process.

Gender Marker Change Process

The process to change your gender marker on your state driver’s license, identification, and birth certificate varies from state to state. In many states, you can correct gender markers on identification documents by self-identification without a court order or medical documentation. In other states, you first need a court order, an amended birth certificate, or medical documentation. In a minority of states, it is currently not possible to correct gender markers. 

Where to Start

• View your state’s requirements – you can find a step-by-step guide for your state in our Identity Document Center.
• Research your county's specific guidelines - you may need to look further into whether your respective county has any specific requirements. Use government websites and reputable sources to find the most up-to-date information. You can also contact your county court with questions about the process.
• Make a to do list – as you start this process, keep track of your progress and store all relevant documentation and notes in one spot.
• Gather your documents – for this process, you will need to locate identity documents such as your ID, passport, social security card, and birth certificate.

Other Important Tips

• Keep a copy of every document and court paper for your own record.  
• Keep all notes, documents, copies, and court papers together and organized in a folder. Bring this folder with you every time you go to the Court. 
• Always bring a valid form of photo ID with you when going to the Court. 
• If you are mailing something during this process, it is recommended to use certified mail and request a return receipt.  

Name Change Glossary

• Petition - a formal application in writing made to a court or other official body requesting judicial action (in this case, your name change). Each county will have a hyper-specific petition format. 
• Filing fee - there will be associated fees with a name change in order for the court to process your documents. Make sure to research the cost and accepted payment methods prior to submitting your petition. You may also wish to research eligibility for filing a fee waiver in your county. 
• Order – a formal decision or instruction that has been issued and signed by a court.  
• Certified copy (of court order) - this is the official document issued by the courts stating your name change has officially been granted. An official copy is often requested by organizations that require proof of your new name and will be used to update your identity documents. You may wish to request multiple copies (5 copies if unsealed and 7-10 if sealed). Do not remove staples or receipts! 
• Certificate of Disposition - an official court document that indicates the current status of a case or its final disposition. If you have ever been convicted of a misdemeanor or felony, you might need to include a Certificate of Disposition during this process.  
• Consent –  a voluntary and willful agreement to the request put forth by the petition; in some name change cases involving a minor, all known parents and sometimes the minor themselves will have to file a consent form. 
• Hearing – a formal proceeding of a case before a judge. Not all states require a hearing in order to grant a name change request. See more information on how to prepare for a hearing below.  
• Appeal - if a judge does not approve your name change request, it is possible to appeal the decision. This refers to the process of requesting to have the decision reviewed by another higher court on the grounds of legal or procedural errors of the lower court. 
• Vital Records Office - a government entity, typically under the Department of Public Health, that is responsible for maintaining, issuing, and amending official records of life events. When amending your birth certificate, you will need to consult your state’s vital records office for guidelines, requirements, questions, and concerns.
• Record sealing – to seal a record is to legally restrict the public from viewing or accessing your case. The record is not erased but is hidden from public viewing.
• Notary Public – a person authorized by the state to administer oath and witness the signing of legal documents. If your state requires the notarization of specific forms, you can typically find a notary public at a bank or library. 
• Notarized - a document has been verified and authenticated by a notary public.
• Amended – to change or update to be the most accurate; after your name change has been approved, you will be able to amend your identity documents such as your birth certificate. Amending a document does not always mean replacing the original document. Some states will require birth certificates to reflect what amendments have been made or keep both the original and amended copies on file.  
• Court clerk – responsible for assisting with court proceedings and the judicial process. They are the main point of contact for the county court. The court clerk for your county’s court will be a resource for you if you have administrative questions about the name change process.  
• Bailiff – a legal officer within the courtroom who maintains the order and security of judicial proceedings. This may include announcing the judge’s entrance, passing documents to the judge, and maintaining a respectful atmosphere. 
• Guardian ad Litem (GAL) - licensed attorneys that have additional training in representing children. There are both public and private GALs. Public GALs work directly for the state. Private GALs  are private practitioners who are trained and certified by the Office of the Guardian ad Litem to assist with certain matters where the state is not involved in the case but there is still a need for the child(ren) in the case to have separate representation, such as name and gender cases for minors. 
• Serve – to deliver legal paperwork to a relevant party in order to notify them of legal action taking place that they will need to be involved in. For name change cases, serving documents is only typically necessary for cases involving minors in which a parent does not consent to the petition. 
• Summons – a legal document notifying a relevant party that they will be required to appear in court  
• Proof of service - confirmation that legal papers have been properly delivered to the relevant party during the serving process  
• Affidavit – a document signed by the person(s) making the statement and verified as true by a notary. This differs from a declaration because it requires a notary. 
• Declaration - a document signed by the person(s) making the statement. This differs from an affidavit because it does not require a notary.  
• Physician letter – also called a letter of support or letter of transition, is a letter signed by a medical provider or other qualified professional, such as a physician in medicine, social worker, psychologist, professional counselor, physician assistant, or advanced nurse practitioner, who could speak to your transition. Requirements differ from jurisdiction.
• Self-attestation – you can change your gender marker without a physician letter.

Complex Cases and Further Assistance 

"Complex" name change cases are not uncommon and many people are able to complete complex name changes. Complex does not mean you as a trans person are complex or your requested name is too complicated, but rather, that you may have factors in your personal and legal history that make your name change less straightforward in the courts than others. This could be due to a variety of factors such as age, parental consent (for minors), immigration status, or criminal history. For more information on complicating factors, see below.  

If you feel your name change is not straightforward and might be more complex it may be best to seek legal representation.  

If you wish to seek legal help, but don’t know where to start, you can find additional community and legal resources for your state in our Identity Document Center. This includes trans-inclusive attorneys and firms experienced with LGBTQ family law and the name change process. You will also find local and state specific organizations that can assist in directing you towards more on the ground help, legal assistance, or general support throughout this process.  

Immigration Status

Different states have different requirements for name changes for people who are not U.S. citizens. Depending on where you live, you could be asked to provide proof not just of where you live but that you have a certain immigration status. Especially if you don’t have immigration documents, you may want to talk to an attorney before going to court for a name change. 

Cases Involving Minors

Most states have additional guidelines for minors wishing to change their name or gender marker.  

A minor is typically defined as someone under the age of 18 years old. However, you should look at your specific state definitions as definitions and age requirements may vary depending on your state.  

In most name change and gender marker cases involving a minor, a petition must be filed by an adult (typically a parent or guardian) on behalf of the minor. The minor may not file the petition by themselves. Additionally, consent from all known parents is typically required.  

If both parents consent to the name change, the process is typically fairly straightforward. However, if the other parent does not consent with the name change, the process can be more complicated and will typically require you to serve the non-consenting parent with specified documents. How to serve documents and submit proof of service can typically be found on the state court website. However, it may be helpful to seek legal representation. 

Background Checks & Felonies

Some states require you to undergo a background check as part of the name change process. This may also require you to submit fingerprint cards and prove that you are not on the sex offender registry. This is to ensure that you are not changing your name for fraudulent purposes, to avoid creditors, or to evade persecution. Even if a state does not require a background check, they will require you to divulge any relevant legal history on the name change petition form.  

Additionally, some states have felony name change bans or restrictions, which may make it more complicated for you to start the name change process depending on your legal history. Some states have a waiting period following a conviction before you can change your name while others have a lifetime ban. Additionally, some states have loosened restrictions for transgender individuals with felony charges. You should read the name change requirements and petition for your state carefully to see if there are any restrictions based on your legal history. If you have a complex legal history, it may be helpful to seek legal representation. 

Additional Requirements and Resources

Court Types

Name change and gender marker change cases are civil court cases and will be processed by courts that handle civil cases.  

The court in which you file your petition may vary depending on your state. It is important to note which type of court (e.g. probate court, district court, juvenile court, superior court, etc.) you need to file with. This may differ for adults and minors. You will need to file your petition with the required court in your county of residence.  

Once you have identified the proper court in your county, you can also contact the county clerk’s office for that court. The county clerk is the main point of contact for the court and can assist you with any questions you may have about the process.  

Residency Requirements

Some states require a specific amount of time lived within the county to be eligible for a name change. This can vary but is typically a minimum of 1 year of residency in the county in which you are filing.  

For folks seeking a name change who are houseless or housing insecure, you can often use mail from a shelter that contains your name and the shelter address as proof of residency. Address history may be required. 

What is a Notary Public & How to Prepare

A notary public is a person authorized by the state to administer a legal oath and to witness the signing of legal documents. If your state requires the notarization of specific forms, you can typically find a notary public at a bank or library. You can also locate a notary public in your area here. 

When preparing for a notary public appointment, you should gather all the documents that you will need notarized. Make sure to review all your completed documents for correct spelling and formatting before filing. Do not sign the documents until your appointment. You should organize all your required paperwork in one place (like a folder) and in a neat and accessible manner. 

In addition to the documents you wish to notarize, you should bring a valid form of photo identification, such as a driver’s license or a passport. There will also be a fee in order to have your documents notarized. This will vary by state. To find out how much notarization fees are in your state, you can check your state Notary regulating agency's website (typically the Secretary of State's office). 

Do not sign your documents until you are instructed to do so by the notary. For additional information and guidance, see the National Notary Association. 

How to Ask for a Physican Letter

In order to change your name or update your gender marker, some states will require a physician letter. This is sometimes called a letter of transition or a letter of support. A physician letter can be prepared by a medical provider or other qualified professional, such as physician in medicine, social worker, psychologist, professional counselor, physician assistant, or advanced nurse practitioner. 

Other states will ask for evidence that you have been living as your preferred gender for a certain length of time, or that the name/gender marker on your birth certificate causes significant distress. This “evidence” can take the form of a letter of support from a medical provider and/or a therapist who is familiar with your transition. 

Typically, medical providers and therapists who have trans and gender diverse patients should have experience writing letters of support.  

A physician letter should be on official office letterhead. It should include the physician's full name, their medical license or certificate number, and the issuing state of medical license/certificate. The contents of the letter should detail that 1) they treated you or reviewed/evaluated your medical history, 2) you have had appropriate clinical treatment for transitioning or are in the process of transitioning, and 3) you experience significant distress due to the name / gender marker listed on your current birth certificate.  

A template of a physician letter is available here for your reference.  

Publication Requirements 

Some states require that your name change request be published in a local newspaper and/or on the Court’s website before and/or after your petition is submitted for a specified duration. The purpose of the publication requirement is to prevent fraud and to allow anyone with objections and legal claims to come forward.  

However, some states offer to waive the publication requirement if publication is of a personal safety concern for the petitioner. Other states do not have a publication requirement at all. Make sure to check the specific requirements for your county regarding publication, as this requirement can vary across counties in one state. 

How to Prepare for Your Hearing

What is a hearing?  

A hearing will be held in court in front of a judge who will review your petition and ask follow-up questions, to clarify your request for a name change. You should be prepared to tell the judge why you want to change your name and assert that you are not changing your name for fraudulent purposes. Expect that this will be held in a public setting with others in the courtroom.  

It should be noted that not all states require a hearing. In some states filing the petition ends your involvement in the court process and you only have to wait for the court to issue certified copies.  

If your state does require a hearing, you will receive a notice of the hearing when it is scheduled. A hearing requirement may differ from county to county within your state. This may also differ for cases involving adults versus cases involving minors. It is recommended that you look further into whether your respective county requires a hearing. 

If you have never been to a courthouse before, a hearing can be intimating. Most name change hearings are quick and procedural. When preparing for your hearing, it may be helpful to:  

• Put it on your calendar – if a hearing is scheduled for you, a notice of hearing is typically issued with all the relevant information. You should put the date, time, and address of your hearing on your calendar and in your phone. Any additional instructions should also be in the notice. Double check that you have completed any additional outlined requirements and/or set a reminder to do so.  
• Organize your documents – you should bring any required documentation with you to the hearing. This should include your notice of hearing. Go back through your list of required documents and double check that you have completed all the necessary paperwork. All documents should be organized in one place (like a folder) and in a neat and accessible manner. 
• Refamiliarize yourself with your petition – it may be helpful to re-read the statements on your petition before your hearing.  
• Wear appropriate clothing – in a courthouse, you should dress nicely. No tank tops, flip flops, shorts, exposed midriffs, etc. You should remove any hats or sunglasses before entering the courtroom.  
• Arrive early – you should arrive approximately 30 minutes before your hearing in order to go through security and find the proper courtroom. Make sure to account for traffic, delays, and parking in your area.  
• Checking in – when you arrive, you may need to check-in. You can ask the court clerk or bailiff about the check-in procedure for your courtroom. If you are nervous, you can also call the court clerk beforehand about check-in. 
• Maintain a respectful atmosphere – you should address the Judge as “Your Honor” or “Judge [Last Name].” You should stand when the Judge enters and leaves the courtroom. Don’t interrupt the Judge and listen carefully to what they say. Additionally, you should refrain from chewing gum, having earbuds in, or eating while in the courtroom.  
• Turn off electronics - you should silence your phone, or any other electronic device that might make noise, before your hearing.   
• Tell your story - you may find it useful to jot down an outline or practice what you intend to say the night before. Remember, you know your own story best. Speak clearly and confidently. Speak from the heart. 
• Take a deep breath – you got this! 
• Contact the County Clerk – if you have additional questions, don’t hesitate to contact the county clerk’s office for your county court.  
• Don’t be afraid to advocate for yourself – if you don’t understand something, politely ask the judge for clarification. If you are petitioning for both a name change and a gender marker change, ensure that the judge addresses both issues. Make sure you understand the judge’s decision and what the next steps are.  

If the judge approves the request, you will need to request a certified copy of the order from the court. Typically, you should be able to request your certified copies at the courthouse after your hearing. 

It is recommended that you ask for multiple copies of this order, for your own record and to amend your identity documents. If your case is unsealed, you should request 5 copies. If your case is sealed, you should request 7-10 copies. A fee will apply per copy requested.  

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

Telling Others about Your Name Change

Once you have received the certified court order for your name change, you may start updating documents and informing other relevant institutions.  

This includes important documents such as your birth certificate, driver's license, social security card, and passport. You can find state specific guidelines for amending your birth certificate and updating your state ID / license in our Identity Document Center. 

If you have a birth certificate issued by a different state than your current state of residence, you should clarify with the Vital Records Office if they need any additional documents. Most Vital Records Offices will accept out-of-state court orders as long as they are a certified copy and contain all your necessary identifying information (name, birthdate, new name, etc). 

Anytime you see your old name pop up, you will need to reach out to that establishment to update your name. When you reach out, be sure to ask if they need an official Certified Copy or if a photocopy is acceptable. You may also consider informing other relevant institutions, such as: 

• Banks and other financial institutions 
• Insurance companies 
• DMV to change vehicle registration 
• Employers 
• Education institutions  
• Family and friends  
• Health care providers 
• Landlord or tenants 
• Library 
• Mortgage companies 
• Post Office 
• Public benefits agencies 
• Registrar of voters 
• State and local taxing authorities 
• Telephone and other utility companies 
• Veterans Administration 
• Any other institution you have regular contact with