How Do You Do Healthy Project: April 2011

Name-For People 18 and Over

For more information on all of these instructions go to the Utah Courts Website at http://www.utcourts.gov/resources/forms/namechange/instruct.asp#steps

Note: You must file your name change in the county where you have lived for over one year. You cannot file while you are involved in a lawsuit, on probation or parole. These instructions are only for those 18 or older. If you are younger than 18 you must also obtain legal consent from all of your legal guardians (usually your parents).

Steps to Filing an Adult Name Change

· Step 1: You must prove that you are not in Utah’s Sex Offender Registry. To do this, fill out the form titled "Department of Corrections Certification Regarding Sex Offender Registry." Then mail that form, along with a stamped, self-addressed envelope, to the Department of Corrections at the address listed on the form. After the form has been completed and returned to you, attach it to your Petition for Name Change.

· Step 2: Complete the appropriate forms.

Petition for Name Change

Fill in all the blanks on the Petition.
Attach to the Petition the completed form you got from the Sex Offender Registry “Certification Regarding Sex Offender Registry”.
Make copies of all documents to keep for your records. (this is important because if the court loses your documents you won’t have to complete them again, saving you time.)
Sign the Petition in the presence of a notary public or court clerk, who must verify your identity and your signature. It is best to do this before going to court. (It should be possible to get your documents notarized for free. Most banks have a notary, although some charge a fee to non-customers. It can be helpful to call ahead and make an appointment. There are several folks in the trans community who are notaries and if you would like to contact them, please contact the Pride Center for information.)

Cover sheet
Application and Affidavit for Waiver of Court Filing Fees (the fee to change your name is currently $360 but the court will sometimes waive the fee if you can prove that you have a low or no income. It is especially helpful to emphasize that you are a student if you need to get the fee waived. If you want to ask for the fee to be waived, you must complete this form.)
If you wish to seal your documents after the proceedings, you should also submit a “Motion to Seal Case” and an “Order to Seal Case” document listing reasons why the case should be sealed after it is concluded. (examples of which can be obtained from the Utah Pride Center or prepared by you or a lawyer) Sealing your case means that it is not available for public record and the public cannot look up the fact that you have had a legal name and/or gender change.

· Step 3: File your case with the court.

Take the documents identified in Steps 1 and 2 above to the district court in the county where you have lived for the past year. Locate the counter for the court clerk, and give these documents to the clerk, along with the required filing fee.
If the Petition was not yet signed in the presence of a Notary Public, you must sign it before the clerk at this time.

Step 4: Call the Court Clerk after filing your documents and request a hearing date and time.

· Step 5: Send any required notice about your name change petition. It is unusual for a judge to order that an adult seeking a name change must send notice to someone else. However, if the judge orders that you do this the form you will need is called “Notice for Hearing on Petition for Name Change”

Step 6: Attend the hearing.

At the hearing, this is what you should do:
Because most name changes are granted, prepare the final “Order Changing Name” before the hearing, and bring it with you.
Arrive early at court, dressed appropriately in semi formal clothing (no shorts, tank tops or sandals). Assume that you are being observed all of the time that you are in the court room, they often have cameras and speakers that feed into the judges office.
Check the written calendar of cases to make sure you are in the right courtroom. Usually, a calendar of cases is posted outside the courtroom, and may also be placed on courtroom tables.
If your case is not on the calendar, ask the court clerk about this. Speak to the clerk before or after the court session; never interrupt court proceedings to talk to the clerk.
The court almost always sets more than one hearing at a time. Take a seat in the audience section of the courtroom until your case is called. When the judge enters, everyone stands until the bailiff says they may be seated.
When your case is called, stand up, announce your presence to the judge, and say that you are representing yourself. (If you have engaged a lawyer to represent you, they will introduce themselves and you to the judge) When the judge indicates, walk to the podium. (Sometimes, though, the judge may ask that you be sworn in to testify from the witness stand about the information in your Petition.)
Always address the judge as "Your Honor." Be courteous to all court personnel. Remember, the judge has the power to fine you or send you to jail if you are rude or discourteous.
Answer any questions from the judge. The judge will probably ask you why you want to change your name. You do not need to go into detail but you should have a short answer prepared. Tell the judge that you have been a county resident for one year immediately before filing the petition, and the reasons you want to change your name. Also, tell the judge that no one else will be affected by your name change. If someone will be affected, tell what that impact will be. Be prepared to tell the judge about any court cases in which you are involved, and whether you are on probation or parole.
If everything is proper and there is good cause for changing your name, the judge will announce this at the end of the hearing. After the judge makes a decision, ask permission to hand the judge the “Order Changing Name” you have prepared. The judge will usually sign it at the end of the hearing, if it is correct.
If the judge is not ready to decide your case after the hearing or trial, the judge will take it "under advisement." Later, the judge will send you a written decision. If the written decision grants the name change, then you should file the “Order Changing Name” with the court, so that the judge can sign it. Read the written decision carefully, though; make sure that the Order reflects what the judge's written decision actually states.
Sometimes the judge may meet with you in their private chambers (office) instead of in the court room. If this is the case then you can find out from a court clerk. The questions the judge will ask and what you should tell them remain the same.

· Step 7: Return to the court after the judge has signed the “Order Changing Name”, and ask the clerk for several certified copies of the Order. (This can sometimes be done during the same visit if the judge has signed the “Order Changing Name” at the end of the hearing.) Keep these copies in a safe place, with other important papers. Then you will have the Order whenever you need it for purposes of changing your name (such as on your driver license, birth certificate, social security records, etc.). The court will charge a fee for each copy of the certified Order you request. You can return later for more copies if you need more. However, if you have applied for your case to be sealed and the judge approved your motion, then you should make sure to get a sufficient number of certified Orders at this time because you will not be able to get more without unsealing your case.

· Step 8: If the name change is denied, re-write the “Order Changing Name” to reflect the judge's decision, and file it with the court.

After the order denying the name change has been entered, you will have 30 days to appeal.
An appeal is beyond the scope of these instructions. To discuss the possibility of an appeal, you may want to contact an attorney or attend a free legal clinic.

Step 9: If you want to change your birth certificate after obtaining a court order changing your name, you may do so by filing the order with the state registrar in one of the following ways:

Obtain an amended birth certificate by going to the Vital Records office, paying the fee, and presenting a certified copy of the court's name change order, as well as a valid picture identification. The Vital Records office is located at:

Utah Office of Vital Records and Statistics
288 North 1460 West
Salt Lake City, UT 84114
(801) 538-6105

An amended birth certificate may also be obtained through the mail. That process involves some delay, because a notarized signature must be returned to the office before the amended birth certificate can be issued. The address for requesting an amended birth certificate by mail is:

Utah Office of Vital Records and Statistics
P.O. Box 141012
Salt Lake City, UT 84114-1012

· However, if you have only changed your name through the court, then your amended birth certificate will also only change your name and not your gender.

Forms (for name change of someone 18 and over)

You can type your answers into the form, or you can print a blank form and handwrite your answers. It is always best to type information into the forms, rather than filling them in by hand. If a clerk or judge cannot read your handwriting, the documents will be returned to you to do them over. All needed forms can be found in a downloadable format at http://www.utcourts.gov/resources/forms/namechange/instruct.asp#steps
Forms required for changing an adult's name are:

Cover Sheet for Civil Actions
Petition for Name Change
Department of Corrections Certification Regarding Sex Offender Registry
Request for Hearing
Notice for Hearing on Petition for Name Change
Order Changing Name

Instructions to Legally Change your Gender (can be completed in conjunction with a name change or separately)

· Step 1: Complete the "Department of Corrections Certification Regarding Sex Offender Registry” form as for a name change, do not alter this form. When you receive the completed form, attach it to your Petition for Name/Gender Change

· Step 2: Complete the appropriate forms. There are no specific forms provided by the Utah Courts to complete a gender change, please read on for details.

o If you are changing your name and gender at the same time, you will need to follow the same steps as for a legal name change, except that you will need to alter the forms so that they specify a name and gender/sex change. There are many acceptable ways of doing this and the Pride Center has several different examples of forms that members of our community have created. Please ask for copies. All of the example forms have been used successfully to secure a court ordered gender change.

o If you are changing only your gender and are not or have already changed your name, then you need to complete all of the same forms as for a legal name change, but you need to alter the forms so that they specify only a gender/sex change. There are many acceptable ways of doing this and the Pride Center has several different examples of forms that members of our community have created. Please ask for copies. All of the example forms have been used successfully to secure a court ordered gender change.

o It is a good idea to attach as many letters detailing physical changes that you have made to your body as you have access to. This would include letters from therapists, doctors and surgeons indicating real life experience, hormone use and surgery. If could be helpful to include more than one letter from a therapist, especially if you don’t have access to letters about hormone use and surgery.

o If you are changing your name and gender at the same time, you will most likely pay only one fee and can apply for a fee waiver if you qualify (see above instructions). If you are filing for a separate gender change you will need to pay the fee again or apply for a fee waiver, even if you have already paid a fee to legally change your name previously.

· Step 3: File your case with the court in the same process as noted for a name change alone

· Step 4: Call the Court Clerk after filing your documents and request a hearing date and time.

· Step 5: Send any required notice about your name/gender change petition. If the judge orders that you do this the form you will need is called “Notice for Hearing on Petition for Name Change” You will need to change the form to include gender or only specify gender, depending on your situation.

· Step 6: Attend the hearing.

o This process should be fairly similar to the process described for a legal name change. However, the judge may ask you a question about why you wish to change your gender. They may also ask you if there is a law allowing you to legally changing your gender. It is useful to remember that there is no law governing gender changes in Utah which means that there is no law preventing gender changes.

o You may also choose to tell the judge that its necessary in Utah to have a legal name/gender change in order to amend your birth certificate. If you use this idea, you should also attach your un-amended birth certificate to the petition.

o Also remember that it is likely that the judge will have never done a gender change before so s/he may have lots of questions and may take time to think through the process. You may want to point out to the judge that you had to amend the forms to include gender since there are no official forms for doing a gender change.

o It may also be a good idea to present yourself in a formal and gender conforming way when you appear in court.

· Step 7: Obtain sufficient copies of the certified court order in the same way as listed for legal name change

· Step 8: If your order is denied, the process remains the same

· Step 9: You can go on to amend your birth certificate in the same way as above, except that if your order changes both your name and gender, then you may amend both the name and gender portions of your birth certificate.

Instructions to Legally Change Your Name-

For People Under 18

For more information on all of these instructions go to the Utah Courts Website at http://www.utcourts.gov/resources/forms/namechange/juvenile/instruct.asp

Note: You must file your name change in the county where you have lived for over one year. You cannot file while you are involved in a lawsuit, on probation or parole. These instructions are for those under 18. If you are under 18 and you want to change your name, you should know that the court will decide if they think the name change is in your best interest. They will determine this by considering the following issues:

the minor's preference, in light of the minor's age and experience;
the effect of a name change on the development and preservation of the minor's relationship with each parent;
the length of time a minor has used a name;
the difficulties, harassment, or embarrassment a minor may experience from the present or proposed name;
the possibility that a different name may cause the minor insecurity and lack of identity; and
the motive or interests of the custodial parent.

Steps to Filing Your Name Change Case

Step 1: Complete the appropriate forms.

Petition for Minor's Name Change

Fill in all the blanks on the Petition.
Make copies of all documents to keep for your records, and for anyone who is a parent, custodian, guardian, or who, by law, is entitled to notice of the name change action. (this is important because if the court loses your documents you won’t have to complete them again, saving you time.)
Sign the Petition in the presence of a notary public or court clerk, who must verify your identity and your signature. It is best to do this before going to court. (It should be possible to get your documents notarized for free. Most banks have a notary, although some charge a fee to non-customers. It can be helpful to call ahead and make an appointment. There are several folks in the trans community who are notaries and if you would like to contact them, please contact the Pride Center for information.)
Cover sheet

Application and Affidavit for Waiver of Court Filing Fees: (the fee to change your name is currently $360 but the court will sometimes waive the fee if you can prove that you have a low or no income. If you want to ask for the fee to be waived, you must complete this form.)

Step 2: Obtain written consent to changing the name from the minor's natural parent(s), guardian, or custodian. (A form is designed for this purpose, see below.) File these written consent documents with the court, when you file the Petition. If you do not obtain this consent, the court will require that notice of your name change and the Petition be sent to all legal guardians. The hearing will then be re-scheduled to allow them time to respond and to participate in the hearing.
Step 3: File your case with the court, and obtain a hearing.

Take the documents identified in Step 1 above to the district court in the county where you have lived for the past year. Locate the counter for the court clerk, and give these documents to the clerk, along with the required filing fee.
If the Petition was not yet signed in the presence of a Notary Public, you must sign it before the clerk at this time.
When you file the Petition, ask the court clerk whether the district court automatically sets a hearing. If a hearing is automatically set, the clerk will notify you of your hearing date, either by phone or in writing. If you do not hear from the clerk within a week, you should contact the clerk and ask about your case status. Be sure to have your case number ready to give to the clerk.
If the court does not automatically set a hearing, but requires you to file a request for a hearing, use the form listed below.

Step 4: Serve (give) any required notices about the Name Change petition. If you do not obtain written consent to change your name from your natural parent(s), guardian, or custodian, you must serve that person with a Summons and a copy of the Petition before the hearing. The necessary Summons document is included with these forms.

Include the court's address in the Summons, and on all the forms. If the court's address is not on the Summons, the judge may make you serve these documents again.
You may serve the Summons and Petition by United States mail (first class, certified, return receipt requested), or by commercial courier (such as Federal Express or United Parcel Service).

NOTE: Service will only be complete if the receipt is personally signed by the person to whom the documents are sent, and then returned to you by the post office or commercial courier service. No one else is allowed to sign the receipt for the documents.
After the signed receipt is returned to you, attach it to the document called Proof of Service by Mail. Also attach the summons to the Proof of Service by Mail, and then file these documents with the court.

If you cannot obtain service by mail, the court recommends that you use a sheriff or constable to serve the Summons and Petition, instead of a friend or relative. If you have a low income and cannot pay the service fee, service will be provided free if you present a sheriff or constable in Utah with an Application for Waiver of Court Fees. Provide the sheriff or constable with a copy of the Petition for Minor's Name Change and two properly completed Summonses.

After delivering the Petition and one Summons to the party being served, the sheriff or constable will return the other Summons to you, along with a document they create called a Return of Service. Make copies of these for your records, and then file the originals with the court.

The person served will have twenty days to respond if served in Utah, and thirty days if served outside Utah.
For a detailed description of various methods of service allowed in Utah, review Rule 4 of the Utah Rules of Civil Procedure, or contact a source of legal advice.

Step 5: If it is not possible to serve the other parent, complete the forms for asking the court to waive service. Some examples of when it might be impossible to serve the other parent are if a father has never acknowledged paternity, or if the other parent's parental rights were terminated. To ask the court to waive service on the other parent, complete the following documents, and file them with the court when you file your Cover Sheet and Petition (Step 3 above):

Use the following forms to do this:

Motion to Waive Service
Petitioner's Affidavit in Support of Motion to Waive Service
Order to Waive Service

Step 6: If the case is contested, consider retaining an attorney and/or asking for appointment of a guardian ad litem.

If you receive a response to the Petition that opposes a name change for the minor, then the case is contested. The party filing the response will probably appear at the hearing, perhaps with an attorney. You should consider whether to proceed without an attorney. If you proceed without an attorney, you and the contesting party must move the case along according to the Utah Rules of Civil Procedure (i.e., file appropriate motions, do discovery, attempt mediation and settlement, certify that the case is ready for trial, etc.). For more information, you might attend a free clinics listed on the courts' website, www.utcourts.gov/howto/legalassist.
Whether or not you decide to hire your own attorney, you may want to ask the court to appoint a guardian ad litem to you. There is an Application for Appointment of Guardian ad Litem and an Order Appointing Guardian ad Litem listed in the forms below. If there is a cost for doing so, the court will decide who shall pay the cost. The petitioner may have to pay some or all of the cost, or the person opposing the name change may have to pay some or all of the cost.

Step 7: Attend the hearing. At the hearing, this is what you should do:

Because most name changes are granted, prepare the final Order Changing Minor's Name before the hearing, and bring it with you.
Arrive early at court, dressed appropriately in semi formal clothing (no shorts, tank tops or sandals)
Check the written calendar of cases to make sure you are in the right courtroom. Usually, a calendar of cases is posted outside the courtroom. A calendar may also be placed on courtroom tables.
If your case is not on the calendar, ask the court clerk about this. Speak to the clerk before or after the court session; never interrupt court proceedings to talk to the clerk.
The court almost always sets more than one hearing at a time. Take a seat in the audience section of the courtroom until your case is called. When the judge enters, everyone stands until the bailiff says they may be seated.
When your case is called, announce to the judge that you are present by standing up, saying your name, and saying that you are representing yourself. When the judge indicates, walk to the podium. (Sometimes, the judge may ask that you be sworn in to testify from the witness stand about the information in your Petition.)
Always address the judge as "Your Honor." Be courteous to all court personnel. Remember, the judge has the power to fine you or send you to jail if you are rude or discourteous.
Answer any questions from the judge. The judge will probably ask you why you want to change your name. You do not need to go into detail but you should have a short answer prepared. Tell the judge that you have been a county resident for one year immediately before filing the petition, the reasons for changing your name, and that what you wrote in the petition shows the name change is in your best interest. Also, tell the judge that no one else will be affected by the name change. If someone will be affected, tell what that impact will be. Be prepared to tell the judge about any court cases in which you are involved, and whether you are on probation, parole, or out-of-home placement with the Dept. of Youth Corrections.
The judge will probably ask you if you want to change your own name or if others want you to change it. The judge may also choose to interview you in the judge's chambers (the judge's personal office), because it is usually less stressful than taking the witness stand in open court. The judge may have you wait in the hall during testimony from other witnesses.
If another party is present, he or she will be allowed to ask you questions. After that party or other witnesses testify, you will be allowed to ask them questions.
Some courts are so busy that the judge will not allow the hearing to proceed if anyone contests the name change. Instead, the judge may set a later trial date to allow more time to receive testimony and evidence.
If everything is proper and the court determines that it is in your best interest to change your name, the judge will announce this at the end of the hearing. After the judge makes a decision, you should ask permission to hand the judge the Order you have prepared. The judge will usually sign it at the end of the hearing, if it is correct.
If the case is contested and there is a trial, the judge will announce the final decision and order at the end of the trial. Whoever is ordered by the judge to draft the written Order must include what the judge finds and orders. If an attorney did not represent you, take careful notes when the judge announces the findings and order. At the end of the hearing, the judge will almost always ask if there is anything else. That is a good time to ask about anything you did not understand. If your notes are not adequate, obtain a copy of the proceedings so that you will include everything that the judge said. (A fee will be charged for this copy, even if your filing fee was waived.)
The Order must be completed within 15 days after the hearing or trial. Copies must be sent to any opposing parties, or to their attorneys, if they had attorneys. They have five working days to object to the Order. (If you mailed the copies, they have eight days to object.) If an objection is made, the Order should be checked to make sure it accurately reflects what the judge said. If there is an error, it must be corrected. If there are no errors, submit the Order to the judge to review and, hopefully, sign.
If the judge is not ready to decide your case after the hearing or trial, the judge will take it "under advisement." Later, the judge will send you a written decision. If the written decision grants the name change, then you should file the Order Changing Minor's Name with the court, so that the judge can sign it. Read the written decision carefully, and make sure that the Order reflects what the judge's written decision actually states. You have 15 days to do this.
If the matter was contested, send a copy of the completed documents to the opposing parties or their attorneys. They will have five working days to file an objection. (If you mailed the copies, they have eight days to object.)

Step 8: Give notice of the name change to anyone to whom the judge directs notice. Whether the judge signs an order granting or denying your name change, the judge may also order that the petition notify your school, church, and others of your correct name.
Step 9: Return to the court after the judge has signed the Order Changing Minor's Name, and ask the clerk for one or more certified copies of the Order. (This can sometimes be done during the same visit if the judge has signed the “Order Changing Name” at the end of the hearing.) Keep these copies in a safe place, with other important papers. Then you will have the Order whenever you need it for purposes of changing your name (such as on your birth certificate, social security records, etc.). The court will charge a fee to copy and certify each copy of the Order you request.
Step 10: If the name change is denied, re-write the Order Changing Minor's Name to reflect the judge's decision, and file it with the court.

After the order denying the name change has been entered, you will have 30 days to appeal.
An appeal is beyond the scope of these instructions. To discuss the possibility of an appeal, you may want to contact an attorney or attend one of the free clinics mentioned elsewhere in these instructions.

Step 11: If you want to change your birth certificate after obtaining a court order changing your name, you may do so by filing the order with the state registrar in one of the following ways:

Obtain an amended birth certificate by going to the Vital Records office, paying the fee, and presenting a certified copy of the court's name change order, as well as a valid picture identification. The Vital Records office is located at:

Utah Office of Vital Records and Statistics
288 North 1460 West
Salt Lake City, UT 84114
(801) 538-6105

An amended birth certificate may also be obtained through the mail. That process involves some delay, because a notarized signature must be returned to the office before the amended birth certificate can be issued. The address for requesting an amended birth certificate by mail is:

Utah Office of Vital Records and Statistics
P.O. Box 141012
Salt Lake City, UT 84114-1012

Forms (for name change of someone under 18)

You can type your answers into the form, or you can print a blank form and handwrite your answers. It is always best to type information into the forms, rather than filling them in by hand. If a clerk or judge cannot read your handwriting, the documents will be returned to you to do them over. All needed forms can be found in a downloadable format at http://www.utcourts.gov/resources/forms/namechange/juvenile/instruct.asp
Forms required for changing a minor's name are:

Cover Sheet for Civil Actions
Petition for Minor's Name Change
Summons
Proof of Service by Mail
Return of Service
Motion, Affidavit, and Order to Waive Service -

Motion
Affidavit
Order

Consent to Minor's Name Change
Application for Appointment of Guardian ad Litem
Order Appointing Guardian ad Litem
Request for Hearing
Notice of Hearing on Petition for Minor's Name Change
Order Changing Minor's Name

All that Legal Jazz

name and gender change for driver’s license, birth certificate and social security card

Amend Name on Driver’s License or Privilege Card

To change your name on your driver’s license, state ID or privilege card you need a certified court ordered name change document. Bring your court documents to the DMV. You will be given the correct forms to fill out and will pay an $18 fee for a duplicate license, ID or privilege card.

Amend Gender Marker on Driver’s License or Privilege Card

As of January 2011 the DMV has again altered their policy on gender changes. The new policy requires that a driver who wishes to change gender on their license must provide either:

1. An amended US passport, OR

2. An original state certified amended birth certificate.

This means that the DMV will no longer accept a court ordered gender change to change the gender maker on a driver’s license, state ID or privilege card.

According to Utah Code 26-2-11, to get an amended birth certificate:

1. When a person born in this state has a name change or sex change approved by an order of a Utah district court or a court of competent jurisdiction of another state or a province of Canada, a certified copy of the order may be filed with the state registrar with an application form provided by the registrar.

2. (a) Upon receipt of the application, a certified copy of the order, and payment of the required fee, the state registrar shall review the application, and if complete, register it and note the fact of the amendment on the otherwise unaltered original certificate. (b) The amendment shall be registered with and become a part of the original certificate and a certified copy shall be issued to the applicant without additional cost.

Amend Name and Gender Marker on a Utah Birth Certificate

Note: If you were born in Utah, follow these instructions to amend your birth certificate. If you were born in another state or country, you must follow the rules of that state or country to amend your birth certificate. You can use this website to find out the basic guidelines for how to amend your birth certificate if you were born in another state: http://www.lambdalegal.org/our-work/issues/rights-of-transgender-people/sources-of-authority-to-amend.html

To change, or amend, the name on your birth certificate, you will need to have a certified court ordered name change document. To amend the gender on your birth certificate, you will need to have a certified court ordered gender change document.

Once you have either or both of these documents, depending on which areas of your birth certificate you want to amend, and a form of picture ID you need to go to the Office of Vital Records and Statistics.
CANNON HEALTH BUILDING
288 North 1460 West, Salt Lake City, Utah
Monday - Thursday, 7:00 a.m. - 6:00 p.m.

(801) 538-6105

They will provide you with the forms you need to fill out. You will also need to pay a $25 fee to amend one area of your birth certificate. If you wish to amend both your name and gender at the same time, the fee will be $32. Both of these fees include one new copy of the certificate.
If you amend your gender on your birth certificate, it will say that the certificate has been amended, but it will not indicate which areas have been changed. If you amend your name, the certificate will say that the name has been changed.

Amend Name and Gender Marker on Social Security Card

Note:

· When changing your name and/or gender, you are applying for a corrected card. This is a free service.

· When you have legally changed your name, it is important to apply to change your name on your social security card. If you do not change your name within two years, the procedure is different and more documentation is needed.

· These steps apply for a US citizen, if you are not a citizen, please see the Social Security Administration’s Website, http://www.ssa.gov/ss5doc/?ID=chg&Selfchild=self&Status=us&Submit=Submit

To change your name/gender on your Social Security card:

Complete an Application For A Social Security Card (Form SS-5);
Show proof of your:

U.S. Citizenship (if at one point you have not been a US citizen but now are and have not previously established your citizenship with SSA);
Legal name change and/or gender; and
Identity.

Take your completed application and original documents to your local Social Security office.

The Social Security Administration (SSA) may use one document for two purposes. For example, SSA may use your U.S. passport as proof of both citizenship and identity.

All documents must be either originals or copies certified by the issuing agency. SSA cannot accept photocopies or notarized copies of documents. SSA also cannot accept a receipt showing you applied for the document.
To Establish Your Citizenship
If were not born in the US and you have not already established your U.S. citizenship with the SSA, they need to see proof of U.S. citizenship. SSA can accept only certain documents as proof of U.S. citizenship. These include:

U.S. birth certificate; or
U.S. passport.

To Establish Your Name Change
If you need to change your name on your Social Security card, you must show a recently issued document as proof of your legal name change. Social Security may accept a court order for a name change.
If the document you provide as evidence of a legal name change does not give enough information to identify you in SSA’s records or if you legally changed your name more than two years ago, you must provide Social Security with additional documentation of your identity. In addition to showing a legal document citing your new name, such as a court order, you must provide two identity documents, including:

One identity document in your old name (which can be expired); and
One identity document in your new legal name, which must be current (unexpired).

Both of these documents must show identifying information or a recent photograph.
To Establish your Gender
In their gender change policy, SSA states that your birth certificate or a letter from a surgeon or attending physician verifying that a sex change surgery was completed will establish your gender. However, a staff member from the SSA said that it is up to the specific office if they are willing to accept an amended birth certificate with your correct gender on it. Officially, the only document they will accept is a letter from a surgeon or attending physician verifying a COMPLETED sex change surgery. They do not provide other examples of documents that you can use such as a legal gender change court order, drivers license or passport although it may be possible to use some or all of these other documents as proof of gender.
For a copy of the SSA’s policy on gender change, please see the SSA website at http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1667
To Establish Your Identity
SSA can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information (date of birth or age) and preferably a recent photograph. For example, as proof of identity Social Security must see your:

U.S. driver’s license;
State-issued non-driver identification card; or
U.S. passport.

If you do not have one of these specific documents or you cannot get a replacement for one of them within 10 days, SSA will ask to see other documents, including:

Employee ID card;
School ID card;
Health insurance card (not a Medicare card); or
U.S. military ID card.

Your new card will have the same number as your previous card, but will show your new name/gender. SSA will mail your card as soon as they have all of your information and have verified your documents. Keep your Social Security card in a safe place. It is an important document. Do not carry it with you.

Passport Instructions:

How to Apply, Change Your Name, or Change Your Gender

How to Apply for a Passport for the First Time

To apply for a passport for the first time, you will need:

· Two 2x2 inch photographs of yourself

· Proof of U.S. citizenship such as a birth certificate, enhanced driver’s license, consular report of birth abroad, naturalization certificate or certificate of citizenship

· A valid form of government-issued photo identification such as a driver’s license, current government ID, tribal identification card, current military ID or naturalization certificate

· A completed Application for Passport, Form DS-11, available online at http://www.state.gov/documents/organization/79955.pdf.

· Relevant fees

Fee Chart for Passports

	Application Fee	Execution Fee	Total
Passport Book (Age 16 & Older)	$75	$25	$100
Passport Book (Under Age 16)	$60	$25	$85

When applying at a Passport Agency, both the application fee and the execution fee are combined as one payment to the “U.S. Department of State.” When applying at an Acceptance Facility, pay the application fee to the “U.S. Department of State” and the execution fee to the facility where you are applying.

Take your required documents and fees in person to any acceptance facility. To find the acceptance facility closest to you, visit the State Department’s website, “Passport Acceptance Facility Search Page,” at http://iafdb.travel.state.gov/ or call the National Passport Information Center at 1-877-487-2778. Your U.S. Senator’s office can also be a useful way to expedite the passport process.

How to Renew Your Passport

There are two ways to renew a passport—in person or by mail. You may only renew by mail if…

· You can submit your most recent passport with your application

· You were at least sixteen years old when it was issued

· It was issued no more than fifteen years ago

· You presently use the same name printed on the last passport OR had your name changed by marriage or court order and can submit legal documentation to prove the change.

To renew a passport by mail, you will need:

o A form DS-82, available online at

§ http://travel.state.gov/passport/forms/ds82/ds82_843.html

o The previous passport

o Two 2x2 inch photographs of your face

o The fee, which is currently $75 for regular processing speed for passport books and $20 for passport cards, and should be made payable to “U.S. Department of State.”

o Legal documentation of name change if applicable.

A physician certification, as described below to change gender

All of these together should be mailed to the following address at regular delivery speed:

National Passport Processing Center

Post Office Box 90155

Philadelphia, PA 19190-0155

Applying for a passport in person
If you are applying for a passport for the first time, or if you do not meet the criteria above to renew by mail, you must apply in person. You will need:

Two 2x2 inch photographs of yourself
Proof of U.S. citizenship such as a previous passport or a birth certificate
A valid form of government-issued photo identification such as a previous passport, driver’s license or state or tribal identification card
A completed form DS-11, Application for a U.S. Passport, available online at http://www.state.gov/documents/organization/79955.pdf
If one or more of the submitted documents does not reflect your current gender, a physician certification, as describe below
Legal documentation of name change, if needed
Current applicable fees, available at

http://travel.state.gov/passport/fees/fees_837.html
Take these documents and fees in person to any acceptance facility. These include courthouses, post offices, some public libraries and certain county and municipal offices. Additionally, there are thirteen regional passport agencies and one Gateway City Agency, which serves those who need expedited service. To find the acceptance facility closest to you, visit the State Department’s website, Passport Acceptance Facility Search Page, at http://iafdb.travel.state.gov or call the National Passport Information Center.

How to Change Your Name on Your Passport

You can have the name changed on your current passport if:

· Your name has been legally changed through marriage or a court order, AND…

· It has been less than one year since your passport was issued [If you have a current passport that was issued more than one year ago, you must fill out a DS-82 renewal form (see renewal instructions above) and pay all associated renewal fees.]

You will need:

· A Form DS-5504, “Application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement Form,” available from http://www.state.gov/documents/organization/80142.pdf

· A certified copy of your name change documents, either a marriage certificate or name change court order (Photocopies and notarized copies of your name change documents are not accepted)

· Two 2x2 inch passport photographs

· Your current valid passport

All of these together should be mailed to the address on the form.

How to Change Your Gender on Your Passport

The law has recently changed (Jan 2011) so that Transgender people who have not or are not planning to have surgery can still change the gender marker on their passport. Under the new policy, you can obtain a passport with an updated gender if you have had clinical treatment determined by your doctor to be appropriate in your case to facilitate gender transition.

If you are just beginning transition and need to travel abroad, you can obtain a two-year provisional passport. (The State Department calls it “limited validity” though it has all the force of a regular passport but is only good for two years.) Once your doctor and you believe you have had clinical treatment appropriate in your case, you can obtain a full, regular passport.

The new rules will also apply to changing a Consular Report of Birth Abroad (CRBA) for US citizens who were born outside of the United States. CRBA's are the equivalent of a birth certificate.

When a physician certification is required
Under the new policy, a physician certification is required if the documents you submit with your application, which may include a prior passport, driver’s license, birth certificate, or other documents, do not all reflect the correct gender. If all the documents you submit with your application reflect the correct gender, you do not need to submit a physician certification. See the application instructions below for more details.

Who can write a letter to certify appropriate treatment

You will need a letter from a licensed physician with whom you have a doctor-patient relationship and who is familiar with your transition-related treatment. This may be any physician who is familiar with your treatment, including a primary care physician or specialist.

What the physician certification must include
The State Department has provided the following model letter for physician certifications. All certifications must include all of the information seen here.

I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), (DEA Registration number or comparable foreign designation), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).

(Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify new gender male or female).

I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.

Signature

Typed Name

Date

Alternatively, to obtain a limited two-year passport, the letter should state that:
(Name of patient) is in the process of gender transition to the new gender (specify new gender male or female).
What constitutes appropriate clinical treatment
The new policy recognizes that people’s medical needs vary, and that treatment options must be decided by health care professionals on an individual basis. You are entitled to a passport reflecting your current gender if you have had the clinical treatment determined by your health care providers to be appropriate, in your individual case, to facilitate gender transition. No specific treatment is required, and details of your treatment need not be provided. In fact, we encourage you and your doctor to only state in the letter that you have had the clinical treatment determined by your health care providers to be appropriate. Details about surgery, hormone treatment, or other treatments are unnecessary and not helpful.
The State Department will issue a limited, two-year passport with an updated gender based on a physician’s letter stating that the applicant “is in the process of gender transition.” It will add additional paperwork and time to your document change process if you apply for a limited passport. However, if your physician will not state that you have had appropriate treatment, this option is open to you.
Other medical information
Other than the required certification from your physician, there is no need to submit any additional details or documentation regarding your medical history or treatment. Your doctor does not need to certify that you have undergone any specific treatment or procedure and we recommend, for the sake your privacy, that they not do so.
Passports for minors (under 18)
The new policy applies to both adults and minors. All passport applications for minors are subject to special parental consent requirements. (These requirements apply to all minors, not just transgender minors.)
Changing a limited validity to a full validity passport
If you have obtained a limited validity passport and, within two years subsequently, have had the clinical treatment determined to be appropriate for you, you should submit the following by mail:
1. A completed form DS-5504, Application for a U.S. Passport (Name Change, Data Correction and Limited Passport Book Replacement)
2. A physician certification, as described above, stating that you have had appropriate clinical treatment for gender transition
Submit these documents to the address specified on the form. Unless you request expedited service, no new fee is required.

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