1. Name Change Process in Montana
A. Petition for Name Change
Prepare the Petition:
Begin by filing a Petition for Change of Name with the District Court in the county where you reside.
The petition will request that your current name be changed to your desired name, providing reasons for the request (such as gender identity).
You must provide:
Your full legal name
Date of birth
Address and contact information
Requested new name
Filing Fee:
The typical filing fee for a name change in Montana is around $50. The fee may vary by county, and you may request a fee waiver if you cannot afford it.
Publication Requirement:
Montana law requires the petition for name change to be published in a local newspaper. This is done to notify the public of your intent to change your name.
Some courts may waive this publication requirement for transgender individuals, especially if it could endanger your safety or privacy. You may need to submit a request to the court explaining why the publication should be waived.
B. Court Hearing
Attend the Hearing:
You will be assigned a court date after submitting your petition.
At the hearing, the judge will review your petition and approve the name change unless there is an objection (such as fraud or misleading intent).
You may be required to explain why you want to change your name, but for transgender individuals, a simple explanation that it aligns with your gender identity is typically sufficient.
Receive the Court Order:
After the judge approves your name change, they will issue a court order officially changing your name.
C. Update Documents
Social Security Administration (SSA):
Once you have the court order, go to the Social Security Administration and file for a new Social Security card reflecting your new name. Complete Form SS-5 and submit the court order and proof of identity.
Driver’s License/State ID:
Visit the Montana Department of Motor Vehicles (DMV) to update your driver’s license or state ID. You will need:
A copy of the court order
Current identification (driver’s license, state ID)
Proof of your Social Security card reflecting your new name
There may be a $10 fee for a new ID.
Other Updates:
Update your name with banks, employers, utilities, and other institutions. This may require a copy of your court order.
2. Gender Marker Change Process in Montana
A. Gender Marker Change on Driver’s License or State ID
Requirements:
Montana requires transgender individuals to submit a letter from a licensed healthcare provider stating that you are undergoing gender-affirming treatment or that the requested gender marker change reflects your gender identity.
This is the only documentation required, and surgery is not a requirement for gender marker changes.
Submit the Request:
Go to the Montana DMV with:
A letter from your healthcare provider (confirming that the gender marker change aligns with your gender identity)
A copy of your current driver’s license or state ID
The appropriate fee (around $10 for a new license or ID)
B. Gender Marker Change on Birth Certificate
Requirements:
Montana allows individuals to change the gender marker on their birth certificate without requiring proof of surgery, though a letter from a healthcare provider is necessary.
Submit Application:
Submit the following to the Montana Department of Public Health and Human Services:
A completed birth certificate amendment form (request form available on the state’s website).
A letter from a licensed healthcare provider.
A copy of your current birth certificate.
Any applicable fees (typically around $15 to $20).
Processing Time:
The process may take several weeks to process, depending on the volume of applications.
3. Summary Checklist for Montana
Name Change:
File Petition for Name Change with your local District Court (filing fee of $50).
Submit a background check (if required) and publication of petition in local newspaper (request for waiver if necessary).
Attend the court hearing and receive the court order for your name change.
Update your name with the SSA, DMV, and other institutions.
Gender Marker Change:
For Driver’s License/State ID: Submit a letter from a healthcare provider to the DMV for a gender marker change (fee of $10).
For Birth Certificate: Submit a healthcare provider’s letter and the birth certificate amendment form to the Montana Department of Public Health and Human Services (fees around $15–$20).
Important Considerations:
Surgery Not Required: Neither surgery nor proof of full gender-affirming care is required for a gender marker change.
Healthcare Provider’s Letter: A letter from a licensed healthcare provider is necessary to change the gender marker, but it doesn’t require proof of surgery.