Legal Name and Gender Change: Detailed Information with SAMPLE PACKETS (California)

I have been meaning to post this for quite a while, but I have been shorter on time than I have on good intentions. 🙂 I know this is something that many people need assistance with, as filing a name and gender change (for yourself or your child) can be a daunting undertaking. Please keep in mind it typically takes 6 weeks from filing the documents to court date with a completed court order.

I want to give a huge “thank you” to Emmett for putting together a list of step-by-step instructions for filing a name and gender change and providing me with the court paperwork for an adult. Also, special thanks to Britt for providing the sample paperwork for a name/gender change for a minor.

I took the paperwork and filled out “sample” packets for each. The areas you need to fill out are highlighted. These didn’t scan well, so I apologize for the poor quality. If you have any trouble reading them, please let me know and I will either re-scan or I can answer specific questions. The files are too large to email. I know these are specific for San Diego, but I hope they will be useful to those in other parts of the state as well. If you are one of my clients and see me in my office, please ask me for a copy of the sample packets- I have several on hand!

Click here for the Transgender Law Center’s page with links to forms needed. (San Diego County link listed below.) For those of you not in San Diego, simply Google your county and “name and gender change”. PLEASE NOTE, DUE TO AB1121,  IF YOU ARE CHANGING YOUR NAME TO REFLECT YOUR GENDER IDENTITY, YOU NO LONGER HAVE TO PUBLISH ANYTHING IN THE NEWSPAPER. If the court is unaware of this, educate them.

Here is the Transgender Law Center’s awesome resource, “ID Please” that includes UPDATED information on changing name, gender, etc.  If you are interested in pursuing a name and gender change, start on page 9. If you ONLY need to change your child’s gender marker (keeping birth name), and your child was born in California: click here.

Filing the packet costs $435 (at least in San Diego), but the fee can be waived based on low income. (“In Forma Pauperis“.)

Youth (minor) name and gender change sample packet HERE.

Adult name and gender change sample packet HERE.

BEFORE YOUR COURT DATE

(Thanks again to Emmett for these detailed notes!)

Print all necessary forms and fill them out (or have them filled out, as is the case for the doctor one, NC-210). Here is the website for printing the forms for San Diego.

Forms needed for an both an adult or a minor name/gender change:

CM-010

NC-220

NC-230

NC-200

NC-210

NC-110

-Make a copy of signed/filled out paperwork for your records. Bring the original packet and a copy of the packet to 330 W. Broadway. (Downtown San Diego).

-Once you pass the security check, take the escalator up to the second floor & the Civil Business area.

-It can be a little confusing, so ask someone if you are lost.

-Get in line on the far left of the room and wait to file your forms with the clerk.

-They will go over all your forms, stamp them and give you a case number.

-They may try to tell you that you need to publish your name change, REMEMBER that AB 1121 went into effect July 1, 2014 that states that a person changing their name for gender purposes is not required to publish.

-They will give you a court hearing date and time.

DURING YOUR COURT DATE

-Show up early.

-Bring both copies of all the documents and a pen.

-Give yourself time to find the court room.

-Sit down and wait outside.

-A lot of people will likely start showing up because people legally change their names for a variety of reasons (marriage, divorce, etc).

-Someone will come out and point to a list that is up on the wall. The list has everyone’s name on it and a number next to it. Find out what number you are and write it down. They call out cases by number and sometimes last name (so don’t worry about your birth name being called out!)

-They sometimes call in everyone that is getting both a name and gender change first because there are fewer people and it’s a more private matter than a marriage.

-You will get called in, you will be seated, the judge will come in, they will review your documents, and if everything is in order: declare your new legal name. (Congratulations!)

-After that they will tell you to go wait outside and they will bring you four signed copies of the court order.

-Do not worry about your physical appearance or gender presentation. If all the forms are filled out, especially the physician form, the judge does not care.

-You can leave and celebrate. 🙂

AFTER YOUR COURT DATE

Your work is not done! There are more documents to change that had your birth name on them. These documents are supposed to “match” in the system, so this is important. Here’s the order you must go in.

1) Social security

-1333 Front St, San Diego, CA 92101. (855) 820-0097

-Fill out this form for a CORRECTED social security card

You’ll need to bring your court order (form NC-230), identification (driver’s license, ID or passport) and the form above filled out.

-No need to make an appointment, just walk in and take a number.

-Allow 4-6 weeks for the card to come in the mail.

-IMPORTANT The form does not include a specific gender change. So in the “sex” section mark the gender that you legally changed to (transmasculine folks mark male, transfeminine folks mark female) and make sure to point it out on the form when they call you up. It doesn’t say your gender marker on the card, but it does in their system, and that’s how the DMV verifies your gender when you go there to change your documents. Confirm they have changed it in their system.

2) DMV

-Go to whichever DMV is closest to you. Make an appointment, or get there early.

-Fill out this form with your doctor BEFORE going to the DMV

You’ll need to bring your court order (form NC-230), identification (driver’s license or ID) and the form above filled out.

-You will also need to fill out form DL 44 (name change), but they give you that when you show up.

-They’ll call you up, review your forms, tell you everything is good and send you over to get a new photo taken.

-Allow 4-6 weeks for you Driver’s license to come in the mail. They will send you an ID card sooner than that.

3) Bank

-IMPORTANT you must have your updated ID or driver’s license BEFORE going to your bank. They use it as proof that you are who you say you are.

-Go in and ask to see a teller.

-Bring your court order (just in case), and your new ID or driver’s license.

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In the near future I will be posting more detailed information about how to change your birth certificate and password- stay tuned!

If you have any information that would be helpful to add to this blog post, please email me at tandotherapy@me.com

One more time, here are the sample packets!

MINOR PACKET

ADULT PACKET

Name and Gender Documentation in Schools

It’s that time of year… school is starting or is about to start! If you have a transgender child or teen, it’s time to be discussing with the school what name and gender marker is going to be on the rosters, computer system, and “Power School” fields if the school uses it. Only those close to transgender children and teens realize the distress that having their birth name and/or gender marker on school paperwork can cause. I’ve seen the panic in their eyes firsthand. They are often petrified of having their peers learn their birth name. They are worried about being “outed”. Every time they log into the computer system at school, every time attendance is called (especially in the beginning of school or by every single substitute teacher), every time a schedule or report card is passed out, even sometimes buying lunch and having their birth name and gender pop up on the computer letting them into the cafeteria… I can only imagine the tension and anxiety every single one of these instances brings up for them. This is an unnecessary stressor for these kids and we all need to do our part to be educated and speak up about this issue. The following is an excerpt from Guidance for Massachusetts Public Schools: Creating a Safe and Supportive School Environment; Nondiscrimination on the Basis of Gender Identity: “The 2011 National School Climate Survey by the Gay, Lesbian & Straight Education Network (GLSEN), found that 75.4% of transgender students had been verbally harassed in the previous year, 32.1% had been physically harassed, and 16.8% had been physically assaulted. Educators play an essential role in advocating for the well-being of these students and creating a school culture that supports them.” I believe changing the documentation that circulates around school and on attendance rosters is a crucial part of creating a school culture that supports transgender and gender nonconforming youth. I recently learned at the Gender Spectrum conference that the school is only legally required to keep the legal birth name and gender marker somewhere in the permanent file, but they can change EVERYTHING ELSE to the preferred name and gender before a legal change. Before spreading the word, I did a little research on this topic to back up this claim. The following quote is from the California Safe Schools Coalition Model School District Policy Regarding Transgender and Gender Nonconforming Students: “Official Records The District is required to maintain a mandatory permanent pupil record (“official record”) that includes a student’s legal name and legal gender. However, the District is not required to use a student’s legal name and gender on other school records or documents. The District will change a student’s official record to reflect a change in legal name or legal gender upon receipt of documentation that such change has been made pursuant to a court order. In situations where school staff or administrators are required by law to use or to report a transgender student’s legal name or gender, such as for purposes of standardized testing, school staff and administrators shall adopt practices to avoid the inadvertent disclosure of such confidential information. Names/Pronouns A student has the right to be addressed by a name and pronoun that corresponds to the student’s gender identity. A court-ordered name or gender change is not required, and the student need not change his or her official records. The intentional or persistent refusal to respect a student’s gender identity (for example, intentionally referring to the student by a name or pronoun that does not correspond to the student’s gender identity) is a violation of this policy.” The following are excerpts from California School Boards Association (CSBA)’s “Final Guidance: AB1266, Transgender and Gender Nonconforming Students, Privacy, Programs, Activities and Facilities“: “Upon request, districts should prepare data systems to list a transgender or gender nonconforming student by his or her preferred name and gender.” “Privacy Rights of Transgender or Gender Nonconforming Student A student’s decision to inform the district that his or her gender identity differs from his or her biological gender is extremely personal and private. In addition, transgender and gender nonconforming students may face bullying and harassment as a result of other students or staff not understanding or tolerating the public representations of their gender identity. At the same time, the decision may potentially involve very public components if, for example, the student starts to go by a different name. Despite this potential for public awareness, districts are still legally responsible to maintain the students privacy according to the students wishes.” The following is an excerpt from Know Your Rights – Transgender People and the Law; Name Change and Identity Documents:  “Can a person change his or her name to reflect his or her gender identity? Yes. In some states [and California is one of those states], through what is called “common law name change,” people may change their name simply by using the new name in everyday interactions. It is free and easy, but does not create the kind of solid paper trail needed to change identity documents.” If you are interested in pursuing the legal name and gender change, know it takes at least 6 weeks to go through. Those of you who reside in San Diego can find the packet here.  Click here for the Transgender Law Center’s comprehensive page with links to all forms needed. For those of you not in San Diego, simply Google your county and “name and gender change”. PLEASE NOTE, DUE TO AB1121, YOU NO LONGER HAVE TO PUBLISH ANYTHING IN THE NEWSPAPER. If the court is unaware of this, educate them. Filing the packet costs $435 (at least in San Diego), but the fee can be waived based on low income. (Ask for the “In Forma Pauperis“.) Here is the Transgender Law Center’s awesome resource that includes UPDATED information on changing name, gender, etc. If you are interested in pursuing a name and gender change, start on page 9. If you ONLY need to change your child’s gender marker (keeping birth name), and your child was born in California: click here. Any other tips from those who have been down this road greatly appreciated!

Youth (minor) name and gender change sample packet HERE: minornamegenderchange

Adult name and gender change sample packet HERE: adultnamegenderchange