Transgender Legal Advisor
Legal Name Changes
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 via Email at CarolynWWD@aol.com or message publisher Cindy Martin and we'll make sure she gets your question.
"What's in a name? that which we call a rose by any other name
would smell as sweet."
Juliet may have been correct had she actually been talking about roses, but
to us, our name is a vital part of our very identity. We are language
oriented, and what we call something, including ourselves, becomes a part of
the reality of that object. Try referring to roses as onions and you will
see what I mean - it doesn't work because the word onion carries its own
connotations.
Thus it is with our names. Those of us who are transgendered must give this
conscious thought, and come up with a female name, or we feel wrong. Using
the male name given to us by our parents will hinder our perception of self
as female. So, of course, we select names for ourselves, and of course we
use them - at least on a limited basis.
I've discussed names and the legal issues surrounding their uses in this
column, and you can read the details in those articles by searching the
library
.
In summary, you can use whatever name you like without the necessity
of a legal name change as long as your purpose is not fraudulent or
impersonation of an existing person. In many states it is even possible to
change a driver's license without a court order, as well as getting the
Social Security Administration to link your number and female name while
retaining your male name as primary.
These are fine for most of us, but for those who plan to live full time as
women, particularly those who are having, or have had, SRS, these are
stop-gap measures. For the person who has transitioned the goal is to
completely change over - driver's license, Social Security, birth
certificate, transcripts, professional licenses - everything. And some of
these require court orders.
How are these obtained? It can be surprisingly easy, and I'm going to
summarize the
procedures. Since I'm in California I will, as I've done before, detail the
California procedures. If you are elsewhere, visit your local law library
for the forms and procedures, or see your attorney. I think you will find the
procedures to be somewhat similar. (Although there are, I understand, still
some states which will not permit a gender change.) I will also put some
skeleton forms in the TGF Library.
There are procedures for change of name alone, with use of a Secretary of
State form (VS23) to amend your birth certificate. You can request a new
birth certificate if you already have a name change - say you live elsewhere
and got a name change but were born in California. The procedures and forms
I'm providing are for a combined procedure - the cheapest and easiest. If
you only need the name change or birth certificate change, the changes won't
be hard to figure out. To do all three here would be unwieldy.
To get your birth certificate changed as to gender, you must have had SRS.
If not, then you need to remove the references to birth certificates and get
a name change only. So the following assumes both have been done.
STEP 1. Get your surgeon to sign an affidavit (or declaration under penalty
of perjury according to the laws of the State of California), that he or she
performed surgery on you which resulted in your genitals being modified to
conform to those of a female. Chances are very good that your surgeon can
routinely provide this, as it is likely a frequent request. (You obviously
don't need this for a name change only.)
STEP 2. Prepare a petition in pleading format entitled Petition For Change
of Name and New Birth Certificate
. This is a request for the Court to make
these particular orders. You use your birth name, and provide any other
names you have used regularly. You state you are over 18; where you reside
(street address, city and county); place and date of birth and attach a copy
of your birth certificate; your proposed name; the reason for the name change
and new birth certificate (ie, SRS) and attach your surgeon's affidavit or
declaration; the name and address of your parent (or parents) who may still
be alive - or your nearest relatives if your parents are both deceased. Then
you ask the Court to issue an Order To Show Cause, for a hearing, and that at
the hearing an order be granted changing name and ordering a new birth
certificate.
Prepare the Order To Show Cause as well. It simply states that a petition
has been filed for a new name and birth certificate; that anyone who wants to
object needs to be at Court on a certain date and time; and, that the Order
To Show Cause be published once a week for four weeks.
STEP 3. Take your Petition and Order To Show Cause (original and 2 or 3) to
the court clerk. The Petition will be filed-marked, and it and the Order To
Show Cause (OSC) will be sent to a judge. The judge must sign the OSC. The
clerk will tell you when to come back and pick up the signed OSC. It will
have a hearing date on it, assigned by the court.
STEP 4. Take the OSC to a newspaper of general circulation in the county
where you live for publication. Now here you may be able to save some money.
For example, if you live in San Jose, you may be stuck with the San Jose
Mercury News. But if you live in a smaller town in the same county, you may
find that a local newspaper - with lower advertising rates - is qualified as
a newspaper of general circulation. Ask the court clerk. Once you find your
paper you have it published once a week for four weeks. The hearing date
will be set far enough ahead (not to exceed eight weeks) for you to do this -
don't dawdle. If you don't publish in time you will have to get a re-issued
OSC and a new date, and re-publish. More $$$$.
STEP 5. After the publication is complete the paper will provide you with
proof of publication. Take this to the court clerk.
STEP 6. Prepare an order GRANTING your Petition.
It should state whether or
not there were objections and, if there were, state the date, time,
department of the hearing, and the name of the judge. The order should state
that notice was given pursuant to the OSC dated _______; and that the
allegations are sufficient and true, and that either no objections were made,
or were without merit; and that the petitioner is granted and the name is
changed from old to new, and that a new birth certificate shall issue showing
the new name and gender.
If there were no objections filed in advance, take the no objection order
with you to court (with a few copies) or submit it in advance - whichever
your local court prefers (ask the clerk).
STEP FINAL. Get the clerk to certify a few copies and send one to the
Secretary of State and the State Registrar of Vital Statistics within 30
days. The one to the Registrar should be sent along with the prescribed fee
(currently $11.00 - but check Health & Safety Code section 103725 to be sure
it hasn't changed). You will be sent a new birth certificate showing your
new name and gender. Unlike with a name change alone, this is not an amended
certificate. Your original is SEALED, and this new one is the only birth
certificate available to the public.
Good luck, and remember that if you get stuck, consult an attorney in your
state for assistance.
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