More on Changing Your Legal Name

What’s It All For?

Last month we discussed the process of changing one’s name legally within the confines of your local court’s jurisdiction. My article focused on processes in place in Pennsylvania and New Jersey, the jurisdictions I operate within. As an addendum to that, most other states are going to have similar processes; only the details differ, and most courts have “self help” sections on their websites that outline how to draft and file draft a pro se petition. If not, a simple call to the court clerk’s office will usually do the trick.

So now you hold in your hands several identical court orders, each embossed with gold seal attesting to their authenticity (for which there is also a fee). What do you do with these court orders? I would say that, obviously, you changed your name because you desired to establish a new social identity, one that will comport with the person you’re hoping to become. The trick is to create a paper trail that starts at birth, and follows through to death (but not too soon). Changing your name on items like a birth certificate can be accomplished fairly easily even if you no longer live in the state where you were born. The “full faith and credit” clause of the U.S. Constitution ensures that one state is required to recognize the judicial decisions made in another state. Just send a copy of the sealed name change order to whatever agency in your state generates vital records such as birth records, and death certificates. The agency will have its own forms that would need to be completed and notarized. Usually these forms can be obtained by downloading from the agencies website. Again, in Pennsylvania, that would be the PA Department of Health, Bureau of Vital Records; in New Jersey such changes to your birth records can be made through your county clerk’s office. But to get a copy of your birth record, you should know that New Jersey issues two kinds of birth certificate: a long form and a short form. For most purposes it would be wise to opt for the long form.

In addition to changing your vital records, you would want to change the name on your social security account and get a new card; you would also want to get your driver’s license changed, which is usually a quick and painless process. But suppose you are already living in your target gender; you may even be looking forward to getting your picture of the new you on your driver’s license. But there’s something wrong – that beautiful babe pictured on the license has a glaring, offensive “M” emblazoned on it! What did you forget? In the real world, it is doubtful that there are many boys named Sue.

What to do? What to do? In a way, it makes more sense to change one letter than any number of letters that make up a name. And in fact, that’s not too far from the truth. Almost every state in the U.S., except for Ohio and Tennessee permits the change of sex on a birth certificate. Others permit the change as long as the person requesting the change can provide “original, certified, or notarized supporting documentary evidence.” What does this mean? The standard of proof is often left to the agency’s discretion. But what it boils down to is that if, through the help of medical and psychological professionals, the person requesting the change has progressed enough in her physical, emotional and social transition that psychologically and, maybe more importantly, is already socially a female. But this is a relatively recent trend.

When I transitioned, there was only one way to correct the sex designation: by way of a surgeon’s affidavit attesting to a successfully completed and irreversible genital reconstruction. Now the criteria seem much more relaxed, but still geared toward the social reality of the transitioning subject.

But back to the name changes and other document changes, especially that all important piece of identification – the driver’s license. Most states that permit a change in sex designation follow the lead of the vital records policy. I am unaware of any state that does not permit the correction of the sex of the obvious transgender individual on their driver’s license.

What else should be taken care of? Planning on traveling abroad, then you may want to update your passport. Use form DS-11 to request a change of gender or change of name. A certified court order to change name is all that’s required for the name change. To change your gender you’ll need among several other things, a statement from a clinician attesting to the following:

1. ID that resembles your current appearance

2. Passport photo that resembles your current appearance

3. A medical certification that indicates you have had appropriate clinical treatment for transition to male or female, or are in the process of transition to male or female

4. And as mentioned above: Proof of legal name change (if applicable)

So, just as long as you can navigate through a moderately complicated government form, you can

probably get the right documents to the right places, you can probably start completing the task of bringing your identity and persona to real life.

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Tags: featured, Identity, Transgender, Transition

Category: Legal, Transgender How To