1. Name Change Process in Illinois

A. Petition for Name Change

  1. File a Petition for Name Change:

    • The first step is to file a Petition for Change of Name at the Circuit Court in your county of residence. You will need to submit the petition with:

      • Your current legal name.

      • The new name you wish to adopt.

      • A reason for the name change (such as gender transition).

  2. Notice Requirement:

    • In Illinois, you must notify the public of your name change. This is generally done by publishing a Notice of Petition for Name Change in a local newspaper at least three weeks before the hearing date.

    • Some exceptions exist to the public notification requirement (e.g., if publishing your name change would place you at risk of harm, like in the case of domestic violence).

  3. Court Hearing:

    • After submitting your petition and the notice, a hearing date will be set. During the hearing, a judge will review the petition and decide whether to approve the name change.

    • It is typically a straightforward process if there are no objections to the name change.

  4. Court Order:

    • If the judge approves your petition, a court order will be issued that officially changes your name.

    • You will need to obtain this court order to update other legal documents, such as your Social Security card, driver’s license, and bank accounts.

B. Update Documents

  1. Social Security Administration (SSA):

    • To update your name with the SSA, fill out Form SS-5 (Application for a Social Security Card), and provide:

      • A copy of the court order.

      • Proof of identity (e.g., birth certificate, passport).

    • There is no fee for this change.

  2. Driver’s License or State ID:

    • To change your name on your Illinois driver’s license or state ID, visit the Secretary of State’s office with:

      • Your current driver’s license or state ID.

      • A copy of the court order.

      • Proof of identity (e.g., birth certificate, passport).

    • The fee for a new driver’s license or state ID is around $5 to $30.

  3. Other Documents:

    • You can also update your name with other institutions (e.g., banks, employers, insurance companies) by providing them with the court order.

2. Gender Marker Change Process in Illinois

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

  1. Required Documentation:

    • Illinois does not require proof of surgery for a gender marker change. A letter from a healthcare provider affirming your gender identity (such as a statement from a doctor or therapist) is sufficient.

    • The letter must state that you have undergone gender-affirming treatment or that the treatment is ongoing.

  2. Submit the Request:

    • Go to your local Secretary of State’s office and bring:

      • The letter from your healthcare provider.

      • Your current Illinois driver’s license or state ID.

      • Proof of identity (e.g., birth certificate).

  3. Fee:

    • The fee for a new driver’s license or state ID with an updated gender marker is approximately $5 to $30, depending on the document requested.

  4. Receive Updated ID:

    • After processing, you will receive an updated driver’s license or state ID with your new gender marker.

B. Gender Marker Change on Birth Certificate

  1. Petition for Gender Marker Change:

    • Illinois allows a change to the gender marker on a birth certificate without the requirement of surgery. You need to file a petition for a gender marker change in Cook County (for Chicago residents) or your local county court if you reside elsewhere in Illinois.

  2. Required Documentation:

    • You will need to provide a letter from a licensed healthcare provider who confirms that you are undergoing or have undergone gender-affirming care, but surgery is not required.

  3. Court Hearing:

    • The court will schedule a hearing to review your petition. A judge will consider whether your request aligns with state law.

  4. Submit the Court Order:

    • Once approved, you will receive a court order directing the Illinois Department of Public Health (IDPH) to amend your birth certificate.

  5. Fee:

    • There is typically a $15 to $20 fee for the birth certificate amendment.

  6. Receive Updated Birth Certificate:

    • After the court order is processed, your birth certificate will reflect your correct gender marker.

3. Summary Checklist for Illinois

Name Change Process:

  1. File Petition for a name change at the Circuit Court.

  2. Publish a Notice of Petition for Name Change in the newspaper (if required).

  3. Attend Court Hearing to receive a court order.

  4. 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 Secretary of State.

    • Notify other institutions of your new name.

Gender Marker Change Process:

  1. For Driver’s License or State ID:

    • Obtain a letter from a healthcare provider affirming your gender identity and medical treatment.

    • Submit the letter to the Secretary of State’s office with your current ID and proof of identity.

    • Pay the $5 to $30 fee for an updated ID or driver’s license.

  2. For Birth Certificate:

    • File Petition with the Cook County Circuit Court or local county court for a gender marker change.

    • Provide a letter from a healthcare provider confirming gender-affirming care.

    • Submit the court order to Illinois Department of Public Health to amend your birth certificate.

    • Pay the $15 to $20 fee for the amended birth certificate.

Important Notes:

  • No Surgery Requirement: Illinois does not require surgery for the change of gender marker on driver’s licenses, state IDs, or birth certificates.

  • Legal Resources: If you face challenges in the process, organizations like Lambda Legal and the Transgender Legal Defense and Education Fund (TLDEF) can offer support and guidance.