QueerTips Says: How to legally change your name
For the next several weeks of QT Says weāre going to be doing something a little different! We get a ton of questions from our transgender patients, community members, and our fabulous QT followers about the details and how toās of name change and gender marker change paperwork and processes. We know it can be a bit overwhelming (even when the outcome is exciting and good!) so weāre going to share all the details about the places and ways you can change your name and gender marker on various legal documents.
To catch up quickly, read our intro here. And, this info is also all in one place in an adorable little booklet for you to access for free here.
So, if you want to change your name, itās wise to do the official name change paperwork with your state as your first step in your journey of Transgender Paperwork. After all, for many that is what youāll be changing on other documents, too.
To change your name in New York State involves filling out some forms and taking these forms, in person, to the County Clerkās office in the county where you live (I know, right? Face to face contact? Is it still the 1800s?), and paying a fee. Not a New Yorker? Go here for state specific info!
You also need to be 18 years old. If you are under 18, your parent or guardian will need to take all these steps and fill out the forms on your behalf.
Before you do anything, look up your County Clerkās office online (search your county + county clerk, that usually works). Some offices have a lot of information online. If they donāt have a robust website, the Clerkās office itself should have information about the name change process in their county, which can be helpful if you want an overview of exactly what to expect. Some even have name change information packets with sample forms and other information. Some donāt have a lot of help or resources. Sadly, itās a bit inconsistent.
An overview of the process in New York State is available here.
New York State forms and info are available here.
YOU WILL NEED:Ā Court papers asking for the name change, which you will have prepared ahead of time, because youāre brilliant like that. What do those papers include?
A name change petition ā the petition must be filled out, signed, and notarized (by a notary public.)
A proposed order; you can find a sample form at PPSFL.ORG/transgender or from your County Clerkās office.
a Request for Judicial Intervention (RJI).
Proof of birth - the original or a certified copy of your birth certificate.
And youāll need to pay a court fee, which is currently (dang) $210
Sometimes it helps to see examples! We have all sorts of samples and templates for letters for name and gender marker changes on our website, they are at the very bottom of the page here!
A quick reminder before we go any further: MAKE COPIES OF ALL OF YOUR DOCUMENTS.
Got it? Cool. SO WHAT DO YOU NEED TO DO?
Go to the County Clerkās office in the county where you live. (Unfortunately you canāt do this online, you must go in person. Because itās still the dark ages.)
When itās your turn, tell the staff person that you would like to file for a name change. They will:
Look over your paperwork,
Ask for your proof of birth and return it to you,
Probably ask to see a form of photo ID like a driverās license and
Different offices accept different forms of payment, not all offices will accept a debit or credit card. Youāll want to check online or call ahead to ask so you have the right payment method and donāt need to go through this entire process again.
Your request will be assigned a court number. Ask any questions you may have of the staff while you are there. It can be helpful to bring a friend along for some people; they can make waiting in lines less annoying or stressful and can help you remember the questions you want to ask when you are in the middle of things!
Usually it will take a few weeks before a judge reviews your request. Good news: in New York State you usually do not have to appear before the judge in court. Instead the judge reviews your request without you having to be there.
After the review you will receive a letter stating your request has been approved pending your placing a small advertisement in the newspaper publicizing your name change request. (Newspapers! It is the 1800s!) The paperwork from the judge will tell you in which newspaper you must place your ad.
CLICK THROUGH TO READ HOW TO PLACE AN AD IN A NEWSPAPER BECAUSE IT IS APPARENTLY STILL THE 1800s
When you receive the affidavit of publication in the mail, head back down in person to your County Clerkās office with it, and with all the paperwork the court sent you. The staff will look over your Affidavit and verify all is in order ā which it will be, because you have this handy guide and also youāre awesome ā and then they will notarize and place a seal on your paperwork that shows it is complete.
You just leveled up. Sweet!
This paperwork is your official name change document! You will probably want more than one official copy of this document. If you choose to change other documents, you will use it to update all of them too. Tell the staff how many official copies youād like ā there is usually a fee for each copy (this is usually about $5 per copy). In some cases you will need to show these official originals (not just photocopies of the original) which is why youāll want a few. Which brings us toā¦
NEXT WEEK ON QT SAYS: You changed your name: now time to change your name (and possibly your gender marker) on your social security card!