Securing a legal name change is an important step towards aligning your legal identity with your lived experience as a trans person. Watch our informational webinar, which covers the basic steps for obtaining a legal name change and specific requirements for different areas.
A special thank you to our guest speakers Tina (they/them) and Casey (they/he) from the Transgender Legal Defense & Education Fund (TLDEF). TLDEF’s Name Change Project provides pro-bono legal name change services to low-income trans, gender-nonconforming, and nonbinary people through partnerships with some of the nation’s most prestigious law firms and corporate law departments.
Table of Contents
Getting Started with Your Name Change
- Research Your County’s Requirements
- Google the name change process specific to your county.
- Use official government websites or reputable sources for petition formats.
- Gather Supporting Documents
- Collect your ID, passport, and birth certificate.
Understanding the Petition Process
- What is a Petition?
- A formal written application to a court requesting judicial action.
- Ensure all information is correctly formatted and reviewed by multiple parties.
- Complex Cases
- Factors like aliases, criminal history, and pending legal proceedings can make your case complex.
- It may be beneficial to seek legal representation if your case is complex.
Preparing the Name Change Petition
- Include Relevant Information
- Aliases and multiple names (list misspellings/variations on ID documents).
- Reason for name change: “I would like my name to be consistent with my identity and appearance.”
- Judgments and liens, pending legal proceedings, and criminal history.
- Attach necessary documents like Certificates of Disposition for past convictions.
- Special Considerations
- Bankruptcy: Attach Discharge of Debt.
- Minors: Someone over 18 must serve as Petitioner; consent from a non-petitioning parent may be required.
- Immigration: Consult your immigration attorney before filing.
Filing the Petition
- Publication Requirements
- Verify if publication is required before or after submitting the petition.
- Residency Requirements
- Some counties require proof of residency or address history.
- Fingerprinting and spousal consent may also be needed.
- Request to Seal
- You can request that your records be sealed for privacy. Order more certified copies than needed if sealing.
After Filing: The Hearing
What is a Hearing?
- A court session where a judge reviews your petition and asks follow-up questions.
- Not all states require hearings; filing the petition is the final step in some states.
Post-Approval: Managing Your Name Change
- Obtain Certified Copies
- Certified copies of the court order will be needed to update your name with various institutions.
- Updating Records
- Notify all relevant institutions about your name change. Ask if they need an official certified copy or a photocopy.
Gender Marker Changes
- Understanding the Documents
- Affidavit: Signed and notarized statement.
- Declaration: Does not require notarization.
- Requirements by Jurisdiction
- Some jurisdictions require a physician’s letter, while others allow self-attestation.
Specific State Requirements
- New York
- Self-attestation for birth certificates and state IDs.
- Gather necessary documents and submit in person or online as applicable.
- Illinois
- Requires affidavits for birth certificates but allows self-attestation for state IDs.
- Submit necessary forms by mail or in person.
- Georgia
- Requires court order or physician’s letter for both birth certificates and state IDs.
- Submit necessary forms in person or via mail.
Additional Resources
- TLDEF Service Areas
- New York City, Atlanta, Philadelphia, and more.
- Follow specific instructions based on your location.
- Assistance Outside TLDEF
- Firms and organizations like Maynard Nexsen and TransSOCIAL Inc. provide additional support.
Changing IDs: Order of Operations
- Best Practices
- Update your Social Security and Passport first before changing your ID/Driver’s License.
- U.S. Passports
- Apply in person or renew by mail, including associated fees and documents.
The process of changing your name and gender marker can be complex, but with careful preparation and adherence to the guidelines provided by TLDEF, you can navigate it successfully.
