Name and Gender Change in California: A Complete Legal Process Overview

For transgender and nonbinary individuals, having legal documents that reflect their true identity is essential for safety, accuracy, and recognition. California has some of the most progressive laws in the country, making it easier to update both name and gender markers on legal documents. Whether changing a name, updating a gender marker, or both, understanding the process can help avoid delays and complications.

For those pursuing a transgender name and gender change in California, the legal process can involve multiple steps, including filing petitions, updating state and federal identification, and ensuring consistency across all documents. This guide provides a complete overview of the steps involved in legally changing your name and gender in California.

Step 1: Legal Name Change Process

While changing a name is not required for gender marker updates, many transgender individuals choose to do so as part of their transition.

Filing a Name Change Petition

To legally change your name in California, you must file a Petition for Change of Name (NC-100) with the Superior Court in your county. The process includes:

1. Completing the Required Forms – The main forms include:
   • Petition for Change of Name (NC-100)
   • Attachment to Petition (NC-110)
   • Order to Show Cause for Change of Name (NC-120)
2. Paying the Filing Fee – The court charges a fee for processing the petition, typically around $435, though fee waivers are available for those with financial hardship.
3. Publishing a Notice in a Newspaper – In most cases, California law requires that a name change request be published in a local newspaper for four consecutive weeks. However, transgender individuals can often request a waiver of this requirement for privacy and safety reasons.
4. Attending a Court Hearing (If Required) – Some courts may require a brief hearing before granting the name change.
5. Receiving the Court Order – If approved, the court will issue a Decree Changing Name (NC-130), which serves as official proof of your new name.

This decree allows you to update identification documents such as your driver’s license, passport, Social Security record, and birth certificate.

Step 2: Gender Marker Change Process

California law allows individuals to update their gender marker without requiring proof of medical transition. The process depends on whether the change applies to state identification (such as a driver’s license) or a birth certificate.

Changing Your Gender on a Driver’s License or ID

The California Department of Motor Vehicles (DMV) allows individuals to update their gender marker with minimal requirements.
Steps to update your gender marker at the DMV:

1. Complete the Gender Category Request Form (DL 329) – This form allows individuals to choose M (Male), F (Female), or X (Nonbinary).
2. Visit a DMV Office – Schedule an appointment and bring the completed form.
3. Pay the Standard Fee – Fees apply for a replacement license or ID.
4. Receive Your Updated ID – Once processed, the DMV will issue a new driver’s license or state ID with the correct gender marker.

Changing Your Gender on a California Birth Certificate

If you were born in California, you can update your birth certificate by filing a Petition for Change of Gender and Issuance of New Birth Certificate (NC-300) with the Superior Court. The steps include:

1. Filing the Petition – Submit the necessary court forms along with a filing fee.
2. Receiving the Court Order – If approved, the court will issue an order recognizing your gender change.
3. Submitting the Order to the California Department of Public Health (CDPH) – This allows the CDPH to issue a new birth certificate reflecting your updated gender marker.

Step 3: Updating Federal Documents

Once you have legally changed your name and/or gender, it is important to update your federal documents.

Social Security Records

To update your gender marker with the Social Security Administration (SSA), you will need to submit:

• A physician’s letter confirming appropriate clinical treatment for gender transition, OR
• An updated state-issued ID, birth certificate, or passport with the correct gender marker.

U.S. Passport

The U.S. Department of State allows gender marker updates on passports. Requirements include:

• A completed passport application
• A physician’s letter or a previously updated state ID/birth certificate
• Proof of identity and U.S. citizenship
• Passport photo and applicable fees

As of recent changes, the U.S. passport now includes M, F, and X (Nonbinary) options.

Conclusion

California’s legal system provides an inclusive and accessible process for individuals seeking a name and gender change. With laws that eliminate unnecessary medical requirements and allow for self-identification, the process is designed to respect and affirm each person’s identity. As a result, California stands as a model for other states in supporting the rights and dignity of transgender and nonbinary individuals.