. Name Change Process in South Dakota

A. Obtain a Court Order for Name Change

  • File a Petition: To legally change your name in South Dakota, you must file a Petition for Change of Name in the Circuit Court in the county where you reside.

    • Required Documents:

      • Completed Petition for Change of Name form.

      • A certified copy of your birth certificate (sometimes requested).

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

      • A statement that the name change is not intended for fraudulent or criminal purposes.

  • Background Check: In South Dakota, a criminal background check is required as part of the name change process. This check is done through the South Dakota Division of Criminal Investigation.

    • If you have a criminal record, this may affect your application, and you may be denied the name change.

  • Court Hearing: After filing your petition, a court hearing is usually required. The judge will review your petition and decide whether to approve the name change. In some cases, the hearing might be waived if there are no issues with the petition.

  • Fees: The filing fee for a name change in South Dakota is typically around $100 to $200. If you cannot afford the fee, you may be able to apply for a fee waiver through an Affidavit of Inability to Pay.

B. Update Your Name on Other Documents

  • Social Security Card: After receiving the court order, you must update your name with the Social Security Administration (SSA) by submitting the SS-5 form along with a certified copy of the court order.

  • Driver’s License/State ID: To update your name on your South Dakota driver’s license or state ID, you will need to go to a South Dakota Driver’s Licensing office and bring your court order and valid ID.

  • Birth Certificate: If you were born in South Dakota, you can update your name on your birth certificate by submitting the court order to the South Dakota Department of Health, Vital Records. The fee to obtain a new birth certificate is generally around $15.

2. Gender Marker Change Process in South Dakota

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

  • Requirements: South Dakota requires a physician’s letter confirming your gender transition for a gender marker change on your state ID or driver’s license.

    • The letter must be from a licensed physician who has treated you for gender dysphoria or who affirms that you are undergoing a gender transition.

  • Process:

    • Complete the Gender Designation Change Form available from the South Dakota Department of Public Safety.

    • Submit the physician’s letter along with the form to South Dakota Driver Services to update your gender marker on your driver’s license or ID card.

    • Choose between the available gender markers: Male (M), Female (F), or Nonbinary (X).

  • Fees: The fee to change your gender marker on your state ID or driver’s license is generally around $10 to $20.

B. Gender Marker Change on Birth Certificate

  • Requirements: South Dakota does not currently allow an easy process to change the gender marker on a birth certificate based solely on self-attestation. The state requires either a court order or specific medical documentation.

  • Process:

    • To change your gender marker on your South Dakota birth certificate, you must submit the court order reflecting the gender marker change, along with a letter from a licensed physician confirming that you have undergone gender-affirming medical treatment or that you have completed a gender transition.

    • Submit these documents to the South Dakota Department of Health, Vital Records for processing.

  • Fees: The cost for updating a 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. The U.S. Department of State requires a physician's letter for gender marker changes. Once the change is made, you can apply for a new passport with the updated information.

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

  • Other Legal Documents: Make sure to update your gender marker and name on other records such as insurance, healthcare providers, and employment records once the changes are made.

Summary Checklist for South Dakota

  • Name Change:

    1. File a Petition for Change of Name in the Circuit Court.

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

    3. Update your name with SSA, South Dakota Driver Services, and other relevant agencies once the court order is granted.

  • Gender Marker Change:

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

    2. Submit the letter to South Dakota Driver Services to update your driver’s license or state ID.

    3. Submit the court order and medical documentation to the South Dakota Department of Health to update your birth certificate.