1. Name Change Process in West Virginia

A. Petition for Name Change

  1. File a Petition for Name Change:

    • Where: To change your name in West Virginia, you must file a Petition for Name Change with the Circuit Court in your county of residence. You can find the necessary forms on the West Virginia Judiciary website or at the local courthouse.

    • Required Information:

      • Your current legal name.

      • The new name you wish to adopt.

      • The reason for the name change (e.g., gender identity).

  2. Pay the Filing Fee:

    • The filing fee typically ranges from $100 to $150, but it can vary by county. If you cannot afford the fee, you may apply for a fee waiver based on financial hardship.

  3. Notice of Petition:

    • In most cases, you are required to publish a Notice of Petition for Name Change in a local newspaper for at least 30 days. This gives the public an opportunity to object to the name change.

    • Waiver of Publication: If you are concerned about safety or privacy, you can request that the publication requirement be waived by the court. This is granted at the judge's discretion.

  4. Court Hearing:

    • You may need to attend a court hearing to discuss your petition. If there are no objections, the judge will likely approve your name change without the need for an in-person hearing.

    • Court Order: Once the petition is granted, the judge will issue a court order officially changing your name.

  5. Update Documents:

    • After receiving your court order, you can begin updating your name on other legal documents such as your Social Security records, driver’s license, and passport.

2. Gender Marker Change Process in West Virginia

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

  1. Submit Request for Gender Marker Change:

    • To change your gender marker on your driver’s license or state ID, you will need to contact the West Virginia Division of Motor Vehicles (DMV).

    • You must provide a letter from a healthcare provider who can affirm that you are undergoing or have undergone gender transition. The letter does not require any specific form but must be signed by a licensed healthcare provider who has treated you for gender transition.

  2. Complete the Form:

    • Complete the Driver’s License Gender Marker Change Form (available at DMV offices or online).

    • The form will ask for your personal information, including your requested gender marker.

  3. Submit the Form:

    • You can submit your form in person at your local DMV office, or in some cases, online.

  4. Pay the Fee:

    • There is a $10 fee to change your gender marker on your driver’s license or state ID.

  5. Receive Updated ID:

    • After processing, you will receive a new driver’s license or state ID reflecting your correct gender marker.

B. Gender Marker Change on Birth Certificate

  1. File a Petition for Gender Marker Change:

    • To change your gender marker on your birth certificate, you must file a petition with the Circuit Court in the county where you were born. West Virginia law does not require proof of surgery to change your gender marker on a birth certificate.

    • Required Documentation:

      • A letter from a healthcare provider confirming that you are undergoing or have completed gender transition.

  2. Court Hearing:

    • A court hearing may be required to review your petition. If the court finds that the petition is valid, they will issue a court order for the gender marker change.

  3. Submit Court Order to Vital Records:

    • Once the court grants the gender marker change, submit the court order to the West Virginia Vital Registration Office for a corrected birth certificate.

    • Fee: There is a $25 fee for the amended birth certificate.

  4. Receive Updated Birth Certificate:

    • After processing, you will receive a corrected birth certificate with the new gender marker.

3. Summary Checklist for West Virginia

Name Change Process:

  1. File Petition for Name Change at the Circuit Court.

  2. Publish Notice (or request a waiver).

  3. Attend Court Hearing and obtain a court order for name change.

  4. Update Documents (Social Security, driver’s license, passport).

Gender Marker Change Process:

  1. Driver’s License/State ID:

    • Submit the healthcare provider’s letter and form to the West Virginia DMV.

    • Pay the fee and receive the updated ID.

  2. Birth Certificate:

    • File Petition for Gender Marker Change with the Circuit Court.

    • Submit court order to Vital Registration Office.

    • Pay the fee and receive the updated birth certificate.

Important Notes:

  • No Surgery Requirement: West Virginia does not require proof of surgery to change your gender marker on your driver’s license or birth certificate.

  • Court Order: For gender marker changes on a birth certificate, a court order is required to update your documents.

Sources:

  • West Virginia DMV: Motor Vehicle Services

  • West Virginia Judiciary: Circuit Court Forms

  • West Virginia Vital Registration: Vital Records Information