1. Name Change Process in South Carolina

A. Obtain a Court Order for Name Change

• File a Petition: In South Carolina, a name change must be requested through the Circuit Court in your county of residence.

  • Required Documents:

    • Completed Petition for Name Change form (available from your local court or online).

    • A certified copy of your birth certificate.

    • A valid photo ID (e.g., driver’s license or passport).

    • If you are changing your name due to a gender transition, you may include a letter or statement explaining your reasons, though it's not required.

  • Background Check: South Carolina requires a criminal background check as part of the process. The check is completed through the South Carolina Law Enforcement Division (SLED). Having a criminal record may impact the approval of the name change.

• Court Hearing: You will be required to attend a court hearing where a judge will review your petition. If everything is in order and there are no objections, the judge will issue an order granting the name change.

• Fees: Filing fees for a name change in South Carolina typically range from $150 to $200, but may vary depending on the county. If you cannot afford the fee, you may apply for a fee waiver by submitting an Affidavit of Indigency.

B. Update Your Name on Other Documents

• Social Security Card: After receiving the court order, file a Form SS-5 with the Social Security Administration (SSA) to update your name. Submit a certified copy of the court order along with the SS-5 form.

• Driver’s License/State ID: To update your name on your South Carolina driver’s license or state ID, visit the South Carolina Department of Motor Vehicles (SCDMV). You will need to provide the court order and your current driver’s license.

• Birth Certificate: If you were born in South Carolina, you can submit a request to the South Carolina Department of Health and Environmental Control (DHEC), Vital Records to update your birth certificate. There is a fee, typically around $15.

2. Gender Marker Change Process in South Carolina

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

• Requirements: South Carolina allows individuals to change the gender marker on their driver’s license or state ID by submitting a letter from a licensed physician stating that the individual has undergone gender-affirming treatment or has transitioned.

  • The letter must be from a physician who is licensed and has treated the person for gender dysphoria or confirmed that they are undergoing gender transition.

• Process:

  • Complete the Gender Designation Change Form available from the South Carolina Department of Motor Vehicles (SCDMV).

  • Submit the form along with the physician’s letter to update the gender marker on your driver’s license or state ID.

  • Choose between: Male (M), Female (F), or Nonbinary (X) as the gender marker on your ID.

• Fees: The fee to update your gender marker on your driver’s license is typically $10 to $20.

B. Gender Marker Change on Birth Certificate

• Requirements: South Carolina does not currently allow gender marker changes on birth certificates based solely on self-attestation. You will need to provide medical documentation or a court order for gender change.

• Process:

  • Court Order: If you have obtained a court order for your gender change, you may submit the order to the South Carolina Department of Health and Environmental Control (DHEC), Vital Records to request an updated birth certificate.

  • Medical Documentation: If you do not have a court order, you may need to submit a letter from your physician confirming that you are undergoing gender transition or have completed gender-affirming medical treatment.

• Fees: The cost for obtaining an updated birth certificate with the new gender marker is typically $15.

3. Additional Steps and Considerations

• U.S. Passport: After updating your name and/or gender marker, you can update your passport by submitting a Form DS-5504 (for a name change) or Form DS-11 (for a gender marker change) along with supporting documentation (e.g., a physician’s letter or court order).

• Social Security: The Social Security Administration requires either a court order or a physician’s letter to update the gender marker.

• Other Legal Documents: Be sure to update your gender marker and name on other important records such as insurance policies, healthcare providers, and employment records after making the legal changes.

Summary Checklist for South Carolina

• Name Change:

  1. File a Petition for Name Change in your county's Circuit Court.

  2. Submit to a background check and attend the court hearing.

  3. Update your name with the SSA, SCDMV, and other agencies once the court order is granted.

• Gender Marker Change:

  1. Obtain a physician’s letter confirming gender transition.

  2. Submit the letter to the SCDMV to update your driver’s license or state ID.

  3. Submit the court order and medical documentation to DHEC Vital Records for an updated birth certificate (if applicable).