Legal Advisor

Transgender Docket

By Carolyn Woodward
Got a legal question? Having some problems with the law? TG Attorney Carolyn Woodward will try and answer your questions. Contact her by messaging publisher Cindy Martin and we'll make sure she gets your question.


A couple of questions came my way this month. Both are related, and are fairly common concerns as well.

Question 1: "I want to legally change my ID. How do I do that?"

Question 2: "I know that using an AKA is legal as long as there is no intent to defraud. What happens when I eventually try to get a job using my femme name? No legal name changes, surgery, etc. will occur for quite some time yet. I'm trying to keep myself focused and do "first things first" (electro, therapy, etc.). But say I got a part time job as Stephie? What happens in terms of the law, Social Security, etc.? Obviously, the name and the number won't match. What happens then -- both at the job site and with the income taxes?"

Both are excellent questions. The second starts with a correct statement, that you can use any name you wish as long as you don't intend to defraud or impersonate an existing person. However, we do live in a document driven society, so changing those official documents can be a necessary part of life. So, lets start with that most ubiquitous of identification documents, the driver's license. I'm in California, so I'm using a local perspective.

If you are elsewhere, ask your local Department of Motor Vehicles how to change your name. Here in my part of the left coast area, a name change is very simple. You get dressed in whatever manner you wish to be photographed for your license, fill out a name change form, and take it to the counter with your check book. That's it! If you want your sex changed, that can be done preoperatively, but your doctor has to fill out some DMV forms first.

Without the doctor's input, all you can change is your name and appearance. Unless you plan to work under this new ID, that will usually be sufficient as the driver's license is generally accepted as sufficient ID for almost anything.

If you do plan to work under your new name, but aren't ready for a legal name change, it turns out the process is still pretty easy. (Are you listening Stephie? We're to your question now.) The obstacle here is going to be the social security number. The Social Security Administration will not issue two cards with different names.

If you want a card with your new name, you will have to get the name change. However, if you want your new name on your social security account so that benefits will be properly credited, and you can file taxes in your new name, the procedure is simple.

Go to either your Social Security Office, or http://www.ssa.gov, and get form SS-5. (On-line it is only available as a postscript or PDF file, but the site has links to Adobe to get the reader.) This form is used to get a new or replacement card. You fill it out to get a duplicate card in the same name as the one on your current account. But, on the third line of item 1, it asks for "OTHER NAMES USED." Put your new name here. Finish the form, and take it to your Social Security Office with some form of ID under your old name, and that will take care of it. You can work under your new name, with the old social security number, and the computers will cross-reference the names.

You will get your benefits credited for social security, and IRS doesn't care what name you use AS LONG AS THE SOCIAL SECURITY ADMINISTRATION HAS IT ON RECORD. Of course, when everything is done and you are ready for the legal name change, you can get a new card with your new name on it. Until then, this procedure is the best you can do. It shouldn't make much difference what name is on your card because it is not ID. I have never had my social security number questioned, and it should not be very likely.

So, you two enjoy your new names, and let me know how it turns out.


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