1. Name Change Process in New York State

A. File a Petition for Name Change

  1. File a Petition: To legally change your name, you need to file a Petition for Change of Name in the Supreme Court of the county where you reside. You can obtain forms from the New York State Unified Court System or at your local county court.

    • Petition: You must include your current legal name, your requested name, and the reason for the name change (typically personal or gender identity-related). If the petition is for a minor, it must be filed by a parent or legal guardian.

    • Criminal Background Check: The court requires a criminal background check, which can be obtained from the New York State Division of Criminal Justice Services (DCJS).

    • Proof of Residency: You may need to provide proof that you reside in the county where you're filing the petition.

  2. Court Hearing: Once you submit the petition, the court will schedule a hearing (typically 4-6 weeks after filing). During this hearing, you’ll present your case, and if everything is in order, the judge will issue a court order to change your name. The judge may approve the name change if no objections are raised.

  3. Notice Requirement: In New York, you are required to publish a notice of your name change in a local newspaper. This notice is generally published once a week for four weeks. However, if you are changing your name for safety reasons (such as domestic violence or for transgender reasons), you can request a waiver of the publication requirement.

  4. Filing Fees: The filing fees vary by county but typically range from $210 to $360. If you cannot afford the fees, you may qualify for a fee waiver.

B. Update Your Name on Documents

After receiving the court order:

  • Social Security Card: Submit Form SS-5 (Application for a Social Security Card) to the Social Security Administration (SSA), along with the certified court order for your name change.

  • Driver’s License or State ID: To update your New York State driver’s license or ID, you’ll need to visit a Department of Motor Vehicles (DMV) office with the certified court order. The fee for a new ID is typically $17–$20.

  • Birth Certificate: For a New York birth certificate change, you must contact the New York State Department of Health. You will need to submit a certified copy of your court order along with the $15 fee.

2. Gender Marker Change Process in New York State

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

  1. Requirements: New York allows individuals to update their gender marker on their driver’s license or state ID without a court order. You simply need to provide proof of gender transition. A letter from a licensed healthcare provider confirming that you are undergoing or have completed gender-affirming care (e.g., hormone therapy or surgery) will suffice.

  2. Process:

    • Visit the DMV: Go to the New York State Department of Motor Vehicles (DMV). Complete the required forms (available online or at the DMV) to request a gender marker change.

    • Provide Documentation: Bring a letter from a licensed healthcare provider confirming your gender identity and transition.

    • Fee: There is typically a $17 fee for a new driver’s license or ID.

  3. Processing Time: The DMV processes gender marker changes quickly, usually within 2–4 weeks.

B. Gender Marker Change on Birth Certificate

  1. Requirements: In New York, individuals can update their gender marker on their birth certificate by providing a court order or a letter from a healthcare provider. If you request a change due to gender identity or transition, you do not need to have undergone surgery. A physician’s letter is generally sufficient.

  2. Process:

    • Submit Request: Submit a Gender Designation Request form to the New York State Department of Health, along with the required documentation. You can submit either:

      • A court order that changes your gender marker; or

      • A letter from a licensed healthcare provider confirming that you are undergoing gender-affirming care (such as hormone therapy or surgery).

    • Fee: The fee for updating your gender marker on your birth certificate is generally $15.

  3. Processing Time: Birth certificate changes can take approximately 6–8 weeks to process.

3. Additional Considerations

  • Social Security Update: After changing your name and gender, you should update your Social Security record. Submit a Form SS-5 along with a physician's letter or court order. You’ll also need to submit a certified copy of your name change order to the SSA.

  • U.S. Passport: You can change the gender marker on your U.S. passport without needing to undergo surgery. You will need to provide a signed letter from a licensed healthcare provider confirming that you are undergoing gender transition. Submit the required Form DS-11 (if it's a new passport) or Form DS-82 (for passport renewals) to the U.S. Department of State.

  • Other Records: Ensure to update other records, such as bank accounts, insurance policies, medical records, and tax forms, to reflect your new name and gender marker after completing these changes.

Summary Checklist for New York

  • Name Change:

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

    2. Attend the court hearing and obtain a court order.

    3. Publish a notice (unless waived).

    4. Update your name with SSA, DMV, and Vital Records (birth certificate).

  • Gender Marker Change:

    1. Update your gender marker on your driver’s license or state ID with a letter from a licensed healthcare provider.

    2. Submit a request to New York Vital Records to change your birth certificate with a court order or medical documentation.

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