What You Need to Know About Getting a Transgender Name Change in California
In 2017, Governor Jerry Brown signed SB179 into law, making it easier for transgender people to change their name and gender identity marker. Here’s what you need to know about getting a transgender name change in California.
California allows transgender individuals to petition for name changes by filing paperwork with their local court. California laws outline the process of a name change petition for minors, individuals petitioning for a name change and gender marker change, and those with a criminal history.
What is a Transgender Name Change?
A name change is when an individual changes their name. Two types of name changes are a common-law name change and court-ordered name change. A common-law name change is when an individual changes their name at will. A court-ordered name change is when an individual petitions the court to change their legal name on their birth certificate and other legal documents.
Transgender individuals can ask for a name change when changing their gender identity marker or petition for a name change independently of their petition for a change in gender identity marker. Depending on the type of petition, different procedures apply.
Related: Preventing Sexual Orientation Discrimination in Workplaces
Transgender Name Changes in California
Transgender individuals who petition for a name change only agree to conform to their gender marker. Judges will then conduct a background check to ensure no issues with changing the individual’s legal name. Petitions for name changes do not require a hearing unless there are objections, in which case a hearing will discuss the objections.
Transgender individuals who petition for a name change and change in gender marker will fill out additional forms. Although the petition is lengthier, it does not require a physician’s letter. Petitions for a name change and change in gender marker follow a similar legal process to regular petitions for name changes. If a judge grants the petition, individuals can have their original birth certificate sealed and have a new one made to match the court-ordered petition.
Transgender Names Changes with a Criminal History in California
Having an unresolved criminal history can impact changing one’s name. California allows individuals both currently incarcerated and formerly incarcerated to petition for a name change. Individuals must notify their Sheriff’s office or probation/parole officers of the petition and inform those respective offices if the court approves the petition.
Sex offenses can make obtaining a successful name change petition more challenging because judges must determine whether a name change will cause harm to the general public. Registered sex offenders whose name change petitions are approved must give their updated names to the sex offender registry.
Related: Gender Discrimination Laws in California
Transgender Name Change Petitions for Minors in California
Children under the age of 18 (unless emancipated) need both parents or legal guardians to file a name change petition for them. If one parent does not sign the petition and the other does, or if one parent is absent from the child’s life, the courts will consider the situation and review the petition. The rest of the petition for the name change process remains the same.
How to Get a Transgender Name Change in California
There are several steps for getting a transgender name change in California:
- Fill out court forms for the Superior Court in the individual’s jurisdiction
- File the documents at the correct courthouse and pay the filing fee or use a Court Fee Waiver Request
- Wait for the court to process a confidential background check
- Monitor the court case. Individuals that are approved will be issued a Certified Decree(s) from the court
- Change your Government ID and other legal documents
How Much Does It Cost to Legally Change Your Name in California?
The majority of the costs for changing one’s name come from court fees for the filing and processing part of the petition. Court filing fees range from $435-$480, depending on the county. Courts can offer fee waivers for low-income individuals.
Additionally, the price for a name change petition can increase if the person pays for an attorney. Attorneys can help fill out and file all name change petitions. They can also address any concerns about petitioning for a name change with a criminal history since the process can be more complicated.
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