1. Name Change Process in California

A. Petition for Name Change

  1. File Petition for Name Change:

    • The first step is to file a Petition for Change of Name with the Superior Court in the county where you reside.

    • Use Form NC-100 (available on the California Courts website).

      • Include your current legal name.

      • Your desired name.

      • Briefly state the reason for the name change (e.g., aligning your name with your gender identity).

    • Additional Forms:

      • Form NC-110: This form is used to schedule your hearing (Order to Show Cause).

      • Form NC-120: Declaration of Publication (if applicable, to publish notice of your petition in the local newspaper).

      • Form NC-130: If you are waiving the publication requirement due to safety concerns, submit this form.

  2. Pay Fees:

    • A fee of approximately $435 is required for filing the name change petition. You may be able to request a fee waiver if you are eligible (use Form FW-001).

  3. Notice of Hearing:

    • In most cases, California law requires a Notice of Petition to be published in a local newspaper for four consecutive weeks. If you are concerned about your privacy or safety, you can ask the court to waive the publication requirement.

  4. Attend the Hearing:

    • Attend your court hearing where the judge will review your petition. If everything is in order, the judge will approve the name change.

    • After the hearing, you will receive a court order for your name change.

  5. Update Documents:

    • Once your name change is granted by the court, you must update all relevant documents, such as:

      • Social Security records: Complete Form SS-5 and submit it to the Social Security Administration (SSA) with the court order.

      • Driver’s License/State ID: Visit the California DMV to update your name (fee is around $35).

      • Bank accounts, medical records, voter registration, and other documents.

2. Gender Marker Change Process in California

A. Gender Marker Change on Driver’s License or State ID

  1. File Gender Change Request:

    • California allows individuals to change the gender marker on their driver’s license or state ID without surgery or court approval.

    • You must submit Form DL 329 (Gender Change Application), which is available at the DMV or online. Along with the form, you need to provide:

      • Letter from a healthcare provider stating that the requested gender marker is consistent with your gender identity (can be from a licensed physician, nurse practitioner, or other licensed health professionals).

  2. Submit the Form and Fee:

    • Submit the completed Form DL 329 with the required letter and other identity documentation (e.g., birth certificate or passport) to the DMV.

    • There is a $35 fee for updating your driver’s license or state ID.

  3. Obtain Updated Driver’s License or State ID:

    • After the DMV processes your request, they will issue a new driver’s license or state ID with your updated gender marker. There is no waiting period after the request is processed.

B. Gender Marker Change on Birth Certificate

  1. File a Petition for Gender Change:

    • In California, the gender marker on your birth certificate can be updated through a court petition.

    • To start, file a Petition for Change of Gender with your county’s Superior Court.

      • The petition should include:

        • Form NC-300 (Petition for Change of Gender).

        • A letter from a healthcare provider stating that the requested gender marker is consistent with your gender identity.

  2. Court Hearing:

    • After filing the petition, the court will schedule a hearing. The judge will review your petition and may ask questions, but if the documentation is in order, the court will issue a court order changing your gender marker.

  3. Submit Court Order to Vital Records:

    • After receiving the court order, submit it to the California Department of Public Health – Vital Records (CDPH-VR) along with a birth certificate application.

    • You will also need to pay a fee (approximately $25).

  4. Obtain Updated Birth Certificate:

    • After processing, you will receive an updated birth certificate with your correct gender marker.

3. Summary Checklist for California

Name Change Process:

  1. File Petition for Name Change with Superior Court (Form NC-100).

  2. Publish Notice of Petition (or request a waiver).

  3. Attend Court Hearing and obtain court order.

  4. Update Documents:

    • Social Security: File Form SS-5 with SSA.

    • Driver’s License/State ID: Submit documents to DMV (Fee: $35).

    • Update medical records, bank accounts, voter registration, etc.

Gender Marker Change Process:

  1. For Driver’s License/State ID:

    • Submit Form DL 329 and healthcare provider letter to DMV.

    • Fee: $35.

    • Obtain updated driver’s license or state ID.

  2. For Birth Certificate:

    • File Petition for Gender Change with Superior Court (Form NC-300).

    • Submit court order to CDPH-VR to update your birth certificate.

    • Fee: $25 for a new birth certificate.

Important Notes:

  • No Surgery Requirement: California does not require individuals to undergo surgery to change their gender marker on official documents (except birth certificates, which require a court order).

  • Confidentiality: Transgender individuals in California have protections to ensure that their personal information is not disclosed during the name change or gender marker change process, particularly in cases involving safety concerns.

  • Court Order for Birth Certificate: A court order is required to change the gender marker on the birth certificate.

Sources:

  • California Courts: Name Change Information

  • California DMV: Gender Change Application Information

  • California Department of Public Health – Vital Records: Birth Certificate Gender Marker Change