1. Name Change Process in Delaware

A. Petition for Name Change

  1. File a Petition for Name Change:

    • You must file a Petition for Change of Name with the Court of Chancery in the county where you reside. The petition should include:

      • Your current legal name.

      • Your requested new name.

      • A brief explanation of why you are requesting the name change (such as aligning with your gender identity).

  2. Background Check:

    • You will need to complete a criminal background check as part of your petition. This is often done through a law enforcement agency or a private company authorized by the court.

    • The results of the background check must be submitted along with your petition.

  3. Notice of Petition:

    • You are required to publish a Notice of Petition for name change in a local newspaper in the county where the petition was filed. This must be done for three consecutive weeks.

    • However, the publication requirement can be waived in cases where you fear for your safety or privacy.

  4. Court Hearing:

    • After the notice period, the court will schedule a hearing. The judge will review your petition and may ask for additional documentation or information.

    • If there are no objections, the judge will approve your petition and issue an Order for Change of Name.

  5. Receive the Court Order:

    • If the judge grants the name change, you will receive a court order. This is the legal document that allows you to update your name on other records.

B. Update Documents

  1. Social Security Administration (SSA):

    • After receiving the court order, the next step is to update your name with the Social Security Administration (SSA). Submit Form SS-5 (the application for a new social security card) along with the court order and your identity documents (e.g., current social security card, passport, or birth certificate).

    • This process is free of charge.

  2. Driver’s License or State ID:

    • To update your Delaware driver’s license or state ID, you need to visit the Delaware Division of Motor Vehicles (DMV) with:

      • Your current driver’s license or state ID.

      • Your court order for the name change.

      • Additional identity documents (e.g., passport or birth certificate).

    • There is a fee of approximately $20 to $30 to update your license or ID.

  3. Other Documents:

    • After updating your name with SSA and DMV, you should update your name on other important documents, such as:

      • Medical records.

      • Bank accounts and financial documents.

      • Employment records.

      • Credit cards and utility services.

2. Gender Marker Change Process in Delaware

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

  1. Request for Gender Marker Change:

    • Delaware allows individuals to change the gender marker on their driver’s license or state ID without requiring proof of surgery.

    • To change your gender marker, you must submit a letter from a healthcare provider (a doctor, psychologist, or licensed healthcare professional) stating that you are undergoing medical treatment appropriate for your gender identity.

  2. Visit the DMV:

    • Take the healthcare provider’s letter, along with your current driver’s license or state ID, to the Delaware Division of Motor Vehicles (DMV).

    • The DMV will process your request and update your gender marker on your ID.

    • There is a fee (around $20 to $30) for the updated driver’s license or ID card.

B. Gender Marker Change on Birth Certificate

  1. File a Petition with the Court:

    • To change the gender marker on your Delaware birth certificate, you must file a petition with the Delaware Superior Court. This petition should include:

      • Your birth certificate.

      • A statement requesting that the gender marker on the birth certificate be changed.

      • Evidence of gender-affirming medical treatment (e.g., a letter from a healthcare provider).

  2. Court Hearing:

    • The court will schedule a hearing to review the petition. In most cases, the court will approve the petition and issue an order that directs the Delaware Department of Public Health to update your gender marker.

  3. Submit Court Order to Vital Records:

    • After receiving the court order, submit it to the Delaware Division of Public Health (Vital Records) along with a birth certificate request form.

    • There may be a fee of around $25 for the updated birth certificate.

3. Summary Checklist for Delaware

Name Change Process:

  1. File a Petition for name change with Court of Chancery.

  2. Complete Background Check and submit results.

  3. Publish Notice of petition in local newspaper for 3 weeks (unless waived).

  4. Attend Court Hearing and receive court order.

  5. Update Documents:

    • Social Security: Submit Form SS-5 and court order.

    • Driver’s License/State ID: Submit court order and identity proof to DMV.

    • Update other documents (e.g., medical, bank, employment).

Gender Marker Change Process:

  1. For Driver’s License/State ID:

    • Submit a letter from a healthcare provider to DMV along with your current ID.

    • Pay the $20 to $30 fee for the updated ID.

  2. For Birth Certificate:

    • File a petition with the Superior Court for a gender marker change.

    • Submit the court order to the Delaware Division of Public Health for an updated birth certificate.

    • Pay the $25 fee for the new birth certificate.

Important Notes:

  • No Surgery Requirement for ID: Delaware does not require proof of gender-affirming surgery to change your gender marker on your driver’s license or state ID.

  • Court Order Required for Birth Certificate: A court order is necessary to change the gender marker on your birth certificate in Delaware.