How to Legally Change Your Name and Gender at the Same Time

Changing your name and gender at the same time starts with filing a written request to the court for a name change. After getting it approved you can update your records. To change your gender marker with the U.S. Secretary of State is a simpler process, which typically means updating your preferred gender on documents such as a passport. Both a name change and a gender marker change may require paying fees, and requirement will depend on your state's laws.

Note: This article does not discuss the process for getting an order from the court recognizing your gender change, which varies from state to state. In CA, for example, you can request this order and a name change order as part of the same process."

How to change your legal name by petition

Generally, if you’re going to change your legal name, you’ll need to file a petition with your local court. A petition is simply a formal written request to the court. Here’s what you’ll need to do:

Step 1: Research your state’s laws

As with many legal decisions, the laws governing how people change their names vary from state to state. You may want to consider working with a lawyer. Working with somebody who knows the territory well can be a cost-effective way to simplify the process of changing your legal name and steer you away from making any expensive or time-consuming mistakes.

Step 2: Complete the required forms

Changing your legal name may require filling out many forms. This depends on your state's laws. For instance, you might need to fill out a name change application and also an affidavit, which is a written statement signed under oath and offered up to a judge.

A minor would likely have more forms, including one to be signed by a parent or guardian.

Step 3: File your petition

Most petitions for changing your legal name can be filed at the local courthouse or clerk’s office. Depending on your state, you may need to bring paperwork, such as your birth certificate.

Step 4: Publish notice of your name change

This can feel invasive, and it’s arguably an outdated practice that anyone needs to publish their new identity, but it’s a practice with historical roots. Traditionally, publishing somebody's name change gave townspeople a heads up, in case the person was changing their name for an unethical reason such as avoiding paying a debt.

If you’re uncomfortable sharing with the world that you're changing your legal name, a lawyer can help. If you make a convincing case to a judge that publishing your name would cause you harm, you may be able to get this requirement waived.

Step 5: Attend a court hearing

A hearing for a petitioned name change is typically a straightforward process, and it’s unlikely you have anything to worry about. (If you are nervous, though, that’s where an attorney can guide you through the process.)

You will be asked to share your current name. Afterwards, you’ll typically be asked what you want to change your name to—and you’ll offer a simple explanation of why.

Unless there’s some persuasive reason why your chosen name shouldn’t be approved, the judge should approve it. Your family and friends, if they haven’t been doing so already, can start calling you by your new legal name.

Step 6: Receive your court order

The petitioner—you, in this case—will receive copies of the court-ordered name change from the clerk’s office. You’ll want to make copies and store the decree in a safe place. You may, down the road, need proof of your name information, such as when you update your federal and state records.

Step 7: Update your records

This is going to be a process, possibly a long one. There are many different types of documents you may need to alter your name. Because of that, you may want to consult a lawyer or start brainstorming a name change checklist.

For instance, assuming you drive, you'll have to get your driver's license changed. But you may have financial accounts, estate planning documents, or deeds and titles that need to be changed.

How to change your gender marker

The term gender marker refers to what you select on documents when you’re asked what your gender is. Generally, you will select M if you identify as a male, F if you identify as a female, or X if you would rather not specify.

Changing your gender marker on federal documents

You’ll want to change your gender on federal documents to keep them current, and a good place to start is with your Social Security card. Simply contact the Social Security Administration (SSA) and fill out the application for a new Social Security card (Form SS-5). Bring identification with you, but you don’t need medical or legal evidence of your gender designation. You simply update your new designation on the form.

Once you’ve made the change, the SSA will update their records and mail your free replacement card.

After that, you'll likely want to change your name and legal gender on your birth certificate.

Changing your gender marker on state documents

Once you've changed some of your federal records, such as your Social Security card and birth certificate, you'll likely want to change your legal gender with your state documents.

The steps you'll need to take will vary from state to state. In some states, like California, you may find it fairly easy; in other states, you may find more red tape.

In any case, you’ll likely want to start with updating your driver's license. You may need to submit your court name change order certifying how you now identify, and you may need to complete paperwork such as a “declaration of gender change” form.

On the other hand, depending on your state, you may not need to worry about showing a court order showing that you have made a legal transition to a new gender.

Keep in mind that in most states, you’ll need to be 18 years old, or at least an emancipated minor, to make a gender marker change on state documents.

How long does it take to change your name and gender marker?

Plan for at least a couple of months, although it may take longer, depending on your state. Scheduling a hearing to legally change your name and gender will probably take the longest time. After that, it may take a few weeks to get everything changed on your federal and state identification documents.

Don’t be surprised if it takes several months, or longer, if you have many documents that need updating. You'll be changing your Social Security card, birth certificate, and likely a driver's license, and possibly many other legal documents.

How much does it cost to change your name and gender marker?

The cost to legally change your name and gender varies from state to state, but you should plan on budgeting for at least $500. While changing your Social Security card is free, some of the costs you may encounter with other legal documents and various expenses include:

• A filing fee. This is likely to be the costliest fee and might run several hundred dollars. In California, the filing fee in courts is in the neighborhood of $435 and $450. In some parts of Louisiana, the filing fee can reach $500. Other states will have lower fees. Provided you’re able to change both your name and gender at the same time, you should only have to pay this once.
• Cost of publishing your name in the newspaper. Some states require people with name changes to publish their new identity in the local newspaper, part of a longstanding tradition. Generally, you can expect to pay between $80 and $120.
• Fee to update birth certificates. This also varies by state. Just to give you an idea of what you might pay to change your birth certificate: Michigan’s fee is $50, and Wyoming charges $55.
• Fee to update your driver’s license. This may be pretty minimal. For instance, to change information other than your address in Nevada, you would pay $8.25.
• Passport fee. If you have a passport and need to update your information, and if it’s been over a year since your passport was issued, it’s $130 to renew your passport.

You may get some fees, such as the filing fee, waived if it’s a financial hardship to pay it. If you have an attorney, they can help you with this.

Do I need a lawyer to get my name and gender marker changed?

Nobody is required to hire anyone to help change what they're called or what gender they identify as. That said, it's not a bad idea to have some help. The new name and gender mark journey can be complicated and frustrating, especially in states with stricter laws and red tape.

While it can be time-consuming to change one’s name and gender, the nice part of all of this is almost anyone can do it, if they want to. Nobody goes through a gender transition lightly, of course, but in most cases, with changing your name, if you wanted to change it for any reason, you can.

A capable lawyer can help you make these changes more efficiently.

FAQs

Can I change my name if I have a criminal record?

If you have a criminal record, you may find it difficult or impossible to change your name. Where people run into trouble is if they have a felony on their record, especially if they are on a sex offender registry or if they’ve been convicted of stealing somebody's identity. If you are worried about your background, a good lawyer can advise you on whether you can change your name.

Do I need to publish my name change in a newspaper?

Depending on the state, if you change your legal name, you may need to publish your name change in your local newspaper. (Sometimes you can get that requirement waived, especially if you have a good lawyer to help make your case.) It can seem invasive to be forced to publish your updated name in the paper, but it’s part of a long-standing tradition that came about for a good reason—to make it harder for people to commit fraud.

What is a gender marker?

A gender marker is a term used to describe an individual’s gender identity. Most often, you’ll find that somebody identifies as F (female) or M (male). But some people prefer to use X, if they consider themselves non-binary (an identity that doesn’t fit as male or female), intersex (a person born with a combination of male and female biological traits), or gender non-conforming (your behavior or appearance doesn’t conform to social expectations of how your gender should act).