1. Name Change Process in New Mexico

A. File a Petition for Name Change

  1. Prepare the Petition: To begin the name change process, you need to file a Petition for Name Change at the District Court in the county where you live. The petition is available on the New Mexico Courts website or can be obtained from the court clerk’s office.

    • The petition requires your current legal name, your desired name, and the reason for the name change. For transgender individuals, it is common to state that the name change reflects your gender identity.

  2. Submit the Petition: After filling out the petition, submit it to the court along with the filing fee. The fee typically ranges between $100–$150. Check with the local court for exact fees and payment methods.

    • Criminal Background Check: You may need to submit a criminal background check with your petition. If you have a criminal record, this can complicate the name change process.

  3. Court Hearing: A court hearing will be scheduled, and you may need to provide evidence of the need for the name change. For transgender individuals, this may involve explaining that the change aligns with your gender identity.

  4. Court Order: If the judge approves the name change, a court order will be issued to legally change your name.

B. Update Documents

  1. Social Security Administration (SSA): Once you receive the court order, submit Form SS-5 (Application for a Social Security Card) to the SSA with a copy of the court order.

  2. Driver’s License or ID: After updating your name with the SSA, you can update your New Mexico driver’s license or ID at the New Mexico Motor Vehicle Division (MVD). You will need to bring your updated Social Security card and the court order.

    • Fee: The fee for an updated ID is generally around $18.

  3. Other Documents: You should also update your name on other documents, such as bank records, medical records, and insurance documents.

2. Gender Marker Change Process in New Mexico

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

  1. Requirements: To change the gender marker on your New Mexico driver’s license or state ID, you do not need a court order. You simply need to provide documentation from a licensed healthcare provider stating that you are undergoing gender-affirming care or that your gender identity is male, female, or nonbinary.

  2. Process:

    • Visit your local New Mexico Motor Vehicle Division (MVD).

    • Submit the required form for gender marker change and provide a letter from a healthcare provider confirming your gender identity.

    • There is no surgery requirement for a gender marker change.

  3. Fee: The fee for an updated driver’s license or ID card is typically $18.

B. Gender Marker Change on Birth Certificate

  1. Requirements: To change your gender marker on a New Mexico birth certificate, you will need to submit a completed Gender Marker Change form to the New Mexico Vital Records office.

  2. Process:

    • The form requires documentation from a healthcare provider confirming that you are undergoing gender-affirming treatment (this does not necessarily require surgery).

    • The birth certificate gender marker change does not require a court order in New Mexico.

  3. Fee: The fee for a gender marker change on a birth certificate is typically $15.

  4. Processing Time: Gender marker changes on birth certificates can take several weeks, so be sure to plan ahead.

3. Additional Considerations

  • Social Security: After your name change, don’t forget to update your records with the Social Security Administration to ensure your documents match.

  • U.S. Passport: For your U.S. passport, you can change the gender marker by submitting a medical provider’s letter confirming your gender transition (you do not need to undergo surgery to change the gender marker on your passport). Submit Form DS-11 or DS-82 to the U.S. Department of State.

  • Healthcare and Other Records: After changing your name and gender marker, update your healthcare records, bank accounts, insurance policies, and other legal or financial documents.

Summary Checklist for New Mexico

  • Name Change:

    1. File a Petition for Name Change with the District Court.

    2. Pay the filing fee and attend the court hearing.

    3. Obtain the court order for your name change.

    4. Update your name with SSA, MVD, and other agencies.

  • Gender Marker Change:

    1. Submit a letter from a healthcare provider for a gender marker change on your driver’s license or state ID.

    2. For a birth certificate gender marker change, submit documentation from a healthcare provider to Vital Records.

    3. Update your Social Security, passport, and other records.