1. Name Change Process in Idaho
A. Petition for Name Change
File a Petition:
In Idaho, to legally change your name, you must file a Petition for Name Change in the district court of your county of residence. You can obtain the petition form from the court or its website.
The petition will require:
Your current legal name.
Your desired new name.
A statement of the reason for the change (such as gender transition).
Notice of Petition:
Idaho law requires you to publish a notice of your petition for name change in a local newspaper for four consecutive weeks before the hearing date.
You must file proof of the publication with the court. Exceptions to this requirement may apply in certain cases, such as if publishing would put your safety at risk.
Court Hearing:
After submitting the petition and proof of publication, you will be assigned a court hearing date. The judge will review your petition and may approve the name change.
If there are no objections or issues, the judge will grant the name change.
Court Order:
If granted, you will receive a court order officially changing your name. This court order is necessary for updating other legal documents like your driver’s license, Social Security card, and bank accounts.
B. Update Documents
Social Security Administration (SSA):
To update your name with the Social Security Administration, complete Form SS-5 (Application for a Social Security Card) and submit:
The court order.
A proof of identity (such as your birth certificate or passport).
No fee is required for this update.
Driver’s License or State ID:
To change your name on your driver’s license or state ID, go to the Idaho Department of Motor Vehicles (DMV) and bring:
The court order.
Proof of identity (birth certificate, current ID).
The fee for a new driver’s license is generally $15 to $30.
Other Documents:
You may also need to update other documents, such as bank accounts, insurance policies, and employment records, using the court order to reflect your new name.
2. Gender Marker Change Process in Idaho
A. Gender Marker Change on Driver’s License or State ID
Required Documentation:
Idaho allows a gender marker change on driver’s licenses and state IDs without requiring proof of surgery.
You must submit:
A signed letter from a healthcare provider affirming that you are undergoing or have undergone gender-affirming care or that it is part of your treatment plan.
Submit the Request:
To change your gender marker, visit the Idaho DMV with:
The letter from your healthcare provider.
Your current driver’s license or state ID.
Proof of identity (birth certificate or passport).
Fee:
There is a fee of $15 to $30 for a new driver’s license or state ID with the updated gender marker.
Receive Updated ID:
After processing your request, you will receive an updated driver’s license or state ID with the new gender marker.
B. Gender Marker Change on Birth Certificate
Petition for Gender Marker Change:
Idaho does not allow individuals to change the gender marker on their birth certificate through a court order unless the individual has undergone gender-affirming surgery.
If surgery has been completed, the person can file a petition with the court requesting a gender marker change on their birth certificate.
Required Documentation:
The court petition must include:
Evidence of surgery (a statement from the healthcare provider or surgeon).
A letter from the healthcare provider confirming the surgery and gender identity.
Court Hearing:
A court hearing will be scheduled to review the petition. The judge will consider whether the surgery requirement has been met.
Court Order:
If the court approves the request, the judge will issue an order to amend the birth certificate with the new gender marker.
Submit to Idaho Department of Health & Welfare:
After receiving the court order, you must submit it to the Idaho Department of Health & Welfare to request the updated birth certificate.
Fee:
The fee for amending a birth certificate is typically $15 to $20.
3. Summary Checklist for Idaho
Name Change Process:
File Petition for name change at the district court.
Publish Notice in the local newspaper for four weeks.
Attend Court Hearing to receive a court order.
Update Documents:
Social Security: Submit Form SS-5 and the court order.
Driver’s License/State ID: Provide the court order and proof of identity to the DMV.
Notify other institutions of your new name.
Gender Marker Change Process:
For Driver’s License or State ID:
Obtain a letter from a healthcare provider confirming gender-affirming care.
Submit the letter, current ID, and proof of identity to the DMV.
Pay the $15 to $30 fee for an updated ID or driver’s license.
For Birth Certificate (if applicable):
File Petition for gender marker change in court (if surgery has been completed).
Submit a letter from a healthcare provider and evidence of surgery.
After court approval, submit the court order to the Department of Health & Welfare.
Pay the $15 to $20 fee for the amended birth certificate.
Important Notes:
No Surgery Requirement: Idaho does not require surgery for the change of gender marker on driver’s licenses or state IDs.
Limited Options for Birth Certificate Changes: The birth certificate gender marker change is generally limited to those who have undergone gender-affirming surgery.
Legal Support: For legal assistance and more information, you can consult with local transgender advocacy groups or legal organizations such as the Transgender Legal Defense and Education Fund (TLDEF) or Lambda Legal.