How to Change Your Name & Gender Legally

Every year thousands of women marry, meeting certain requirements before federal and state law will let them legally adopt their husband's last name. You can legally change your name by two methods; the first is known as "common law"; the second is court ordered and approved by a judge. If an individual wishes to change his name and gender, it should be done in accordance with the other to avoid any confusion.

Things You'll Need

• Legal documents supplied by the appropriate courthouse. Submission fee Letter from physician

Instructions

1. The process of exercising common law is used less frequently for changing an individual's name than a judge issuing a court order. but both methods are accepted by most courts. The "court order decision method" will be discussed since it is preferred and the most accurate. You will first need to contact your county courthouse and obtain the necessary documents for changing your name and gender.

2. You must submit a fee along with these completed documents. The fee likely will vary depending on county. It will then take 6-to-10 weeks to receive a court date. If you are changing your gender, a letter from your physician will be required stating that you've undergone surgery to alter your physical characteristics to resemble those of the opposite sex.

3. At the time of filing your documents, you will be instructed by the court to place an ad in the classified section of your local newspaper disclosing that you have changed your name and/or gender.

4. After your ad is published, the local authorities will take note of the name and gender change and send you an affidavit, which you will need when you appear in court.

5. In court, the judge will ask for the affidavit as proof that you have disclosed your name and/or gender change. She will then ask you a few questions. If the judge doesn't oppose any of the reasons for changing your name or gender, she will order the state to issue you a new birth certificate and also officially recognize the legality of your newly acquired name.

Tips & Warnings

• If you are in financial hardship and cannot afford the document fee, get a submission waiver. If the waiver is approved, you will not have to pay the court fees. If you are filing for a gender change outside of California, you may have to exercise a power called "equitable jurisdiction."

• Take note at what is legally considered a gender change. The definition is somewhat ambiguous and therefore leaves room for the judge to interpret the standards. Nevertheless, a judge will rarely go against a physician's letter affirming the change.