The Name and Gender Change Process For Poor Minors in California
So, I don't know how to get your name changed in other states, or especially in other countries. My process was also a little more complicated because I'm 17, so I my mom had to file it for me. And since we couldn't afford the $400 court fee (and I think there were other, smaller fees as well), we got a fee waiver.
The first thing you need to do is find your local courthouse online. There you can find documents that you need to print and fill out. I believe they have one form that you need in order to file the case, and another if you need a fee waiver.
The first form asked for an old name, a new name, who's filing it, and why you need to change the name. That was a bit confusing for us, as it's not always clear when it wants the filer's name and when it wants the name that's being changed--in most cases, it's the same person. In our case, we had to explain that my mom was filing for a name and gender change for her kid.
The fee waiver isn't necessary for those of you that can drop $400 on something like this, but we couldn't. It needs proof that you're poor, asking you to check certain boxes. If you have Medi-Cal (the Californian version of Medicaid that I've recently learned covers more than Medicaid does in other states), if you're living on government assisted income, or if you make under a certain amount, you can check one of those to show that you need the fee waived. If you only check that you make under a certain amount, though, you have more to fill out in order to prove it. This means you have to pull out your tax forms and crunch a bunch of numbers. So while we make significantly under the line, we decided not to check that box, since having Medi-Cal is enough to get us the fee waiver.
Once you're done with filling out the forms, you have to take them to the courthouse clerk. I believe the person who is filing the case (in this case, my mom) has to be there, but if the person filing and the person whose name is changing are different, the one getting their name changed doesn't have to be there. This was convenient for us, because my mom was able to file the forms while I was in school.
The clerk will tell you if there's anything wrong with the forms as you've filled them out, and if not, they'll help you make an appointment with a judge. This then becomes a court case, rather than just papers. It's scary, but it's not like a criminal trial or even a divorce. There is no objecting side (hopefully), so it's not like it's a case you can lose.
Both the person filing and the person getting their name changed have to be at the appointment. If you're a minor, I believe you have to have both parents there if you have two, but I'm not sure. In my case, only my mom and I had to be there because my dad is dead. She brought his death certificate, and when she offered to show the judge she said "It's alright, I believe you," which I think implies that he'd have to be there if he was alive. This is probably a very tricky part for kids with single parents for other reasons, because I'm not sure if it takes custody into account. I'll have to ask someone who has two living parents and one with sole custody, but I don't know that many trans people thus far.
Basically, the judge reviews the papers and asks if anyone opposes to the name change. In most name changes, they also publish it in the paper just in case so that if you're running from the law or something, anyone who knows can see it in the paper and come to the court case to tell the judge. In the case of a name and gender change, though, the reason for the name change is regarded as sensitive and doesn't have to be published. That was a relief, because as much as I wanted to shout from the rooftops that I was getting my name changed, and as sure as I am that no one would object (well, no one in the area the newspaper would go to, anyway--some of my family in the South or Colorado might not be a big fan), I don't exactly want my deadname in written publication.
Anyway, if no one objects--which I doubt anyone will, since they have to be in the courtroom with you to object--the judge signs the paper, the clerk stamps it, and you're done. You are now your new name, Unfortunately, most things you do in life will need some sort of verification of your identity, like a birth certificate or social security card. Some courts let you change the birth certificate right there, but ours didn't. I don't think you can ever change your social security card there. So now you have a bunch of other things you need to change to reflect your new name; I'm still working on this, and I got my name legally changed on May 25th.
To get my social security card changed, we filled out a form and went to the local social security office. We put our information into a machine, which then gave us a receipt with a number on it for them to call, so we'd know when we were up. It wanted to know why we were ordering a new social security card, and we put that we got my name changed. So you'd figure, if they're calling everyone else by number, and I told them I was changing my name, they'd call me by number, right? Nope. Deadnamed me over the loudspeaker. And when we went up to the window, he was very confused, as most people are when they're given a traditionally female name and told they're dealing with a teenager and are faced with a boy and a woman who is very obviously not a teenager. Sorry, Mom. Anywho, once he realized what was going on, he was pretty understanding, or enough to do his job right anyway. There was some confusion on when my SSI stopped, but he was used to people who turned 18 and then graduated, so we sorted that out before we left. He said the name would be changed in the system within 24 hours, and I'd receive the new card by mail in a few weeks.
For the birth certificate, we'll have to pay money. $23, so not that much, but it's still disappointing that the fee waiver didn't cover it. We have to fill out more forms (yes, plural) and send them as well as a certified copy of the name change all the way to Sacramento. I believe that's the same for everyone in California if they can't do it at their own county office, since it's the capital. It's said that the new birth certificate will be sent back in 5-8 weeks, but when my mom called to figure out which form to send (turns out we had to do both!), they said it might be more like 3-4. So let's see how that goes!
The first thing you need to do is find your local courthouse online. There you can find documents that you need to print and fill out. I believe they have one form that you need in order to file the case, and another if you need a fee waiver.
The first form asked for an old name, a new name, who's filing it, and why you need to change the name. That was a bit confusing for us, as it's not always clear when it wants the filer's name and when it wants the name that's being changed--in most cases, it's the same person. In our case, we had to explain that my mom was filing for a name and gender change for her kid.
The fee waiver isn't necessary for those of you that can drop $400 on something like this, but we couldn't. It needs proof that you're poor, asking you to check certain boxes. If you have Medi-Cal (the Californian version of Medicaid that I've recently learned covers more than Medicaid does in other states), if you're living on government assisted income, or if you make under a certain amount, you can check one of those to show that you need the fee waived. If you only check that you make under a certain amount, though, you have more to fill out in order to prove it. This means you have to pull out your tax forms and crunch a bunch of numbers. So while we make significantly under the line, we decided not to check that box, since having Medi-Cal is enough to get us the fee waiver.
Once you're done with filling out the forms, you have to take them to the courthouse clerk. I believe the person who is filing the case (in this case, my mom) has to be there, but if the person filing and the person whose name is changing are different, the one getting their name changed doesn't have to be there. This was convenient for us, because my mom was able to file the forms while I was in school.
The clerk will tell you if there's anything wrong with the forms as you've filled them out, and if not, they'll help you make an appointment with a judge. This then becomes a court case, rather than just papers. It's scary, but it's not like a criminal trial or even a divorce. There is no objecting side (hopefully), so it's not like it's a case you can lose.
Both the person filing and the person getting their name changed have to be at the appointment. If you're a minor, I believe you have to have both parents there if you have two, but I'm not sure. In my case, only my mom and I had to be there because my dad is dead. She brought his death certificate, and when she offered to show the judge she said "It's alright, I believe you," which I think implies that he'd have to be there if he was alive. This is probably a very tricky part for kids with single parents for other reasons, because I'm not sure if it takes custody into account. I'll have to ask someone who has two living parents and one with sole custody, but I don't know that many trans people thus far.
Basically, the judge reviews the papers and asks if anyone opposes to the name change. In most name changes, they also publish it in the paper just in case so that if you're running from the law or something, anyone who knows can see it in the paper and come to the court case to tell the judge. In the case of a name and gender change, though, the reason for the name change is regarded as sensitive and doesn't have to be published. That was a relief, because as much as I wanted to shout from the rooftops that I was getting my name changed, and as sure as I am that no one would object (well, no one in the area the newspaper would go to, anyway--some of my family in the South or Colorado might not be a big fan), I don't exactly want my deadname in written publication.
Anyway, if no one objects--which I doubt anyone will, since they have to be in the courtroom with you to object--the judge signs the paper, the clerk stamps it, and you're done. You are now your new name, Unfortunately, most things you do in life will need some sort of verification of your identity, like a birth certificate or social security card. Some courts let you change the birth certificate right there, but ours didn't. I don't think you can ever change your social security card there. So now you have a bunch of other things you need to change to reflect your new name; I'm still working on this, and I got my name legally changed on May 25th.
To get my social security card changed, we filled out a form and went to the local social security office. We put our information into a machine, which then gave us a receipt with a number on it for them to call, so we'd know when we were up. It wanted to know why we were ordering a new social security card, and we put that we got my name changed. So you'd figure, if they're calling everyone else by number, and I told them I was changing my name, they'd call me by number, right? Nope. Deadnamed me over the loudspeaker. And when we went up to the window, he was very confused, as most people are when they're given a traditionally female name and told they're dealing with a teenager and are faced with a boy and a woman who is very obviously not a teenager. Sorry, Mom. Anywho, once he realized what was going on, he was pretty understanding, or enough to do his job right anyway. There was some confusion on when my SSI stopped, but he was used to people who turned 18 and then graduated, so we sorted that out before we left. He said the name would be changed in the system within 24 hours, and I'd receive the new card by mail in a few weeks.
For the birth certificate, we'll have to pay money. $23, so not that much, but it's still disappointing that the fee waiver didn't cover it. We have to fill out more forms (yes, plural) and send them as well as a certified copy of the name change all the way to Sacramento. I believe that's the same for everyone in California if they can't do it at their own county office, since it's the capital. It's said that the new birth certificate will be sent back in 5-8 weeks, but when my mom called to figure out which form to send (turns out we had to do both!), they said it might be more like 3-4. So let's see how that goes!
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