A court ordered name change is required to change the legal name on your drivers license, passport, state ID, and other forms of identification. Banks, lenders, and other institutions that require photo identification will require that you present a certified copy of a court-ordered name change.
You don’t have to be transgender to get a name change-they happen every day, whether by individual petition for a name change, or as a part of the marital or marital dissolution processes.
Name changes may be done before surgery or before hormone treatment commences. The process for filing a name change petition with a court is not different for transgender individuals.However, due to the nature of the name change, for instance from Jennifer to Jonathan, a petition filed with the court may benefit from supporting evidence of sexual reassignment. A judge may ask you to show documentation of your transition. This information is used as a way to show the reason behind the name change.
The method of obtaining a court-ordered name change varies by state. In fact, the process can vary by jurisdiction, or by which court the petition is filed in.
You will need to submit a petition for a name change to the local courthouse. Keep in mind that if you file for a name change prior to filing for gender change, the gender change will need to be filed in the same court. Attach a copy of your supporting evidence to the petition along with a copy of all documents that could possibly be relevant:
This is a fairly complicated process for the layman because each state, and each judge is different. For more details google “[your state] name change.” There will be sample petitions online, as well as instructions to file a petition for a name change in your state. Check with your local transgender group for advice.
Although many petitioners in the FTM community appear to the court pro se, that is, without an attorney, this is not advisable. The added cost of hiring an attorney to represent your claim is balanced by the fact that the attorney is professionally trained to protect your interests. However, many individuals have been granted a name change without hiring an attorney.
Furthermore, a name change petition is a relatively simple process in relation to other civil petitions–but entering into the process alone, without legal representation, can make the process more challenging, and will increase the likelihood of the petition being denied, even for a minor exclusion or oversight.
Speak with your local TG support group to learn more about the name change process in your area; a TG support group should be able to provide insight into the requirements and level of difficulty that is relative to the surrounding counties. They may be able to recommend a TG-friendly attorney.
The majority of states require a court order to change your name on your drivers license. It is very important to follow the states process to change your name. Rumors have been circulating for years that you may be able to find a sympathetic clerk at the DMV who will change your name or gender without a court order. However, it would essentially be creating a misrepresentation of your identity that could negatively impact you in the future.
Creditors, banks, courts, and other agencies often require 2+ forms of identification to validate your identity. It could present a potential bind if the names on your IDs conflict and you don’t have a copy of a court order to resolve the discrepancy. Misrepresenting your identity could be considered fraud, particularly if you’re misrepresenting your identity to creditors.
If you are considering a career that requires board certification, such as in medicine or law, it is essential that you follow state law to change your name and to maintain a character of honesty and truthfulness. They have strict standards and even misrepresentations that were made years before applying for board eligibility can result in a denial of board certification.
Banks, lenders, and other institutions will require that you present a certified copy of a court-ordered name change. You’ll need to notify all organizations, services, and businesses that you do business with.
It may take the county clerk’s office up to several weeks before you’re able to pick up a certified copy of your court order. Certified copies will usually have a state imprint on the order. Non-certified copies will have a state seal stamped on them. There will be a small fee for each certified and non-certified copy that you order from the clerks office; it may range from $3-$8 per copy.
You’ll need to get at least 3 certified copies. Get more copies if you plan on changing your name through the mail. Plan ahead to find which agencies will need a certified copy- mail-in requests for passports, social security cards, and the IRS will need you to submit a certified copy that may not be returned to you.
For the first several months after your name change, keep a copy of your certified name change order with you, secured safely. Some agencies, offices or utility companies may simply ask to see a copy of the court order. It is a routine record change that they should be able to do promptly. You do not need to explain why you changed your name- the court order and/or new drivers license is sufficient validation.
Updating soon, December 2012
