AB 1121 Law How to change your name and gender in CA

[riotgrrrl]

 How to change your name and gender now that both portions of the AB 1121 Law are into effect:

A court hearing IS required in order to get your name AND gender marker changed at the same time.

You do not need a court hearing to change just your name as long as there are no objections. Although a $435 court fee is still required. Unless you fill out a fee waiver which I did. The clerk at the court house told me I will get a letter in the mail stating whether or not I was approved for financial assistance.

To avoid having to go to a court hearing I am changing them separately.
   Part one: Name Change
1.) File a name change WITHOUT gender change.
Use form NC-100
http://www.courts.ca.gov/documents/nc100.pdf
Make sure to check box 6 that you're changing your name to conform with gender identity.

Make sure to fill out all the attached forms (cover letter, fee waiver, etc.)  You can get those here and fill them out and print them on the computer:
http://www.courts.ca.gov/formnumber.htm   http://www.courts.ca.gov/documents/nc100.pdf  http://www.courts.ca.gov/documents/nc110.pdf http://www.courts.ca.gov/documents/nc110g.pdf (ONLY FILL  110 G IF UNDER 18) http://www.courts.ca.gov/documents/nc120.pdf http://www.courts.ca.gov/documents/nc121.pdf http://www.courts.ca.gov/documents/nc130.pdf http://www.courts.ca.gov/documents/nc130g.pdf (ONLY FILL  130 G IF UNDER 18)
Make sure to check box 6 as this makes you exempt from the Court hearing appearance ( Although you still get a court hearing date) and publication in a newspaper.

Look online to see what courthouse in your county you go to in order to file Civil Cases, that is what a name and gender change falls under. Make sure to bring a copy of the AB 1121 law: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121 In-case you run into any issues like I did, and have to educate staff, If all fails request a supervisor which is what I had to do.

Here are the fee waiver forms: http://www.courts.ca.gov/documents/fw003.pdf  http://www.courts.ca.gov/documents/fw005.pdf


IMPORTANT NOTE FOR RIVERSIDE COUNTY RESIDENTS:
You have to go down to the Riverside County courthouse because they are the ones who do name changes.  Make sure to bring a copy of the law because no one knew what they were doing. I had to request the supervisor be notified but you shouldn't have a problem since they should know what to do after I made it an issue and the supervisor helped me by telling them the law. Here's the law text: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1121

  Part two: Gender Change
2.) Once awarded the court order for name change, then file the form to change birth certificate and gender to the department of vital statistics.  You have to request the form on their website, then mail in that form with your court issued copies of the decree to change your name and
you need a doctors affidavit from a physician as-well on the NC 210 NC310 form http://www.courts.ca.gov/documents/nc210.pdf saying:
"I, (physician's
full name), (physician's medical license or certificate number), am a
licensed physician in (jurisdiction). I attest that (name of
petitioner) has undergone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare that the
foregoing is true and correct to the best of my knowledge http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=103001-104000&file=103425-103445

Here is the states kind of confusing and overly complicated pamphlet to changing your name and gender on your birth certificate http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-%2801-14%29-MERGED.pdf
   
P.S.  I hope everyone is successful best wishes and regards -Brenda  and I would like to thank the members on Susans.org who created a forum about this which gave me the information I needed to start this whole process when I couldn't find it anywhere! I restated others words and also added me own and changed them. This is by no means a comprehensive guide but it was created to the best of my knowledge. If anyone has anything to add please do so. I take no responsibility for the 100% accuracy of this guide. With that being said the name change portion worked for me. Once I get my court order I will do the gender change paperwork process.

Heres a FAQ about AB 1121 from the Transgender Law Center: http://transgenderlawcenter.org/archives/10606

[allisonsteph]

I'm not sure if it applicable in all counties, but in Sacramento County I was able to request and was granted a fee waiver because I could not afford the fees. In the end it cost me $35 for the newspaper ad (I changed mine before the new law took effect) and $12 for parking. I also did not have to appear in court, they only make a person appear if there is an objection filed, or if clarification is needed. They have a website and you check the day before to see if an appearance is required.

Again, I stress that this may not apply to all counties in California.

[riotgrrrl]

I'm glad you were able to get your fees waived. I'm sure I will as well but it just makes me wonder what I would do if they theoretically weren't.  All the people I have heard from had to go to court regardless if someone objected and this was before the law went into effect? Were you changing your name or gender? The first part of AB 1121 went into effect January 1st and that was for the gender portion. With the new law an appearance is only required if you wish to change your name and gender at the same time or if an objection is filed. I'm glad you succeeded without too much hassle and money spent.

[allisonsteph]

I'm glad you were able to get your fees waived. I'm sure I will as well but it just makes me wonder what I would do if they theoretically weren't.  All the people I have heard from had to go to court regardless if someone objected and this was before the law went into effect? Were you changing your name or gender? The first part of AB 1121 went into effect January 1st and that was for the gender portion. With the new law an appearance is only required if you wish to change your name and gender at the same time or if an objection is filed. I'm glad you succeeded without too much hassle and money spent.

I changed both name and gender. I filed my petition in November 2013, and was approved February 4, 2014. It should have been approved in December 2013, but a couple of paperwork errors delayed my court day.

The rule regarding appearing in court applies to all civil cases in Sacramento County.

Here is the information regarding tentative rulings:

Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative rulings for the department may be downloaded from the Court's public access site. If you do not have online access, you may call the dedicated phone number for the department as referenced in the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and listen to the tentative ruling. If the party does not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

[Source] http://www.saccourt.ca.gov/civil/motions-hearings-tentative.aspx

[robin s]

ok so I was born in California but now live in a different state. Any ideas on how this would all work for me?

[riotgrrrl]

Robin heres the answer to your question I found on Transgender Law Center. Starting January 1, in order to change the gender marker on a California birth certificate, you'll simply need to submit a declaration from a licensed physician (rather than a court ordered gender change) directly to the state's Department of Vital Statistics. This will be particularly helpful for people born in California who currently live outside the state.  http://transgenderlawcenter.org/archives/9597 I think you still have to run an ad in the newspaper and might have to appear in person for court depending on your state law.

[Autumn]

How do I get them changed at the same time? What are the downsides to doing them both at the same time? It just just the possibility of having to appear in court?

[riotgrrrl]

As of July 1, 2014, you do not need a court order to have a new birth certificate issued reflecting a change of gender (for California birth records)  You DO need a court order for a change of name. The advantage to doing each separately is that you don't have to appear in court and it costs less. Its only $23 to send a doctors affidavit to the department of vital statistics and a name change is $400-$450 in CA. I did not get my fee waiver approved so that means I have to pay the fee. My family income is $1000 over the requirements. I don't want to go through the hassle of trying to disput with the court. I read an article about how a trans women sued a court because the judge denied her fee waiver because he did not agree with her being trans. Luckily she won the case. I would not be able to pay another $450 for a court ordered gender change fee as my family is helping me pay the name change fee already. All of my spending money for the rest of the year will be gone now. I am 18 and the only income I have is from Birthdays and Holiday gifts. Once I get my new birth certificate my first I.D. and Social Security Card I'm going to get a job. I know I will earn the money I spent back but still :/. It is also a lot of money for gas to the courthouse and parking meter for me, luckily my Dad paid that. I need money for makeup and out of pocket group therapy every month but now that can't happen. I'm going to have to miss my group until December when I get Christmas gifts. I'm just glad I only have to do this once in my life. I'm just sharing how this has personally affected me in unexpected ways. 

[Autumn]

After a few weeks, I finally got a response from the Transgender Law Center on how to fill everything out. Here's what they sent for anyone still confused.

Follow these steps in order to obtain a court-ordered name change in California:

First: fill out the following forms:

CM 010 - Civil Case Cover Sheet
Directions for completing the Civil Case Cover Sheet:
List your old name(s) in the petitioners box at the top of the page
You cannot list a PO box as your address
The Case Name is "In re: [your old name]"
Check boxes:
"Unlimited" in the box on the top left
Question #1 "Other petition" (it's the last option in the bottom right corner)
Question #2 "is not"
Question #3 "b. nonmonetary"
Question #4 "1 cause of action"
Question #5 "is not" a class action suit

NC 100 - Petition for Change of Name
Be sure to check the box in Question # 6 in order to enjoy the benefits of the simplified name change process under AB 1121, effective July 1, 2014

NC 110 Petitioner's Information

NC 120 Order to Show Cause for Change of Name
If you checked the box in Question #6 on form NC – 110, then you should also check the box next to Question #3 b. "Other (Specify)" and write the following text below the line "This petition seeks to conform to petitioner's name with petitioner's gender identity."

NC 130 Decree Changing Name

Second: Make 2 copies of all your signed forms.

Third: File your forms at your county's Superior Court and pay the filing fee or apply for a fee waiver.

At the time of filing, applicants must also pay the filing fee to the court. This fee is $435 in all counties, except for San Francisco and Riverside counties where the fee is $450.

However, if an applicant cannot afford both their essential living expenses and the filing fee, they may apply for a waiver of some or all of the filing fees. To apply for a fee waiver, the following forms must also be completed and submitted to the court:
FW 001 - Application for Waiver of Court Fees and Costs
FW 003 - Order On Application for Waiver of Court Fees and Costs
The clerk will process your forms (& fee waiver application) and assign you a court date for your name change hearing. If you apply for a fee waiver the court may schedule a separate hearing for you to bring evidence of your financial situation before it is approved.

Fourth: Two days before your court hearing, call the clerk of the court to ensure no one has contested your name change.  If no one has, then you will not have to attend the hearing.

Fifth: If you do not have to attend a court hearing, bring all of the copies of your court forms with you to the court to pick up your name change order.

Sixth: Ask the clerk for several (3 or 4) certified copies of your name change order (you will need them to update your name on most official records). There is usually a fee of $25 per certified copy. If you were approved for a Fee Waiver, then the fees for your certified copies should also be waived. 


How to Update Name & Gender on CA Birth Certificate

Since January 1, 2014, pursuant to the first phase of AB 1121, the process to amend a birth certificate after gender reassignment in California has become simpler.  A costly court-ordered gender change used to be required before you could amend the gender on your birth certificate.  Now, it is possible to amend the gender on your birth certificate directly with the California Department of Public Health (CDPH).



Please note, however, that if you plan to change both your name and gender on your birth certificate, it is advantageous to wait to receive your approved court-ordered name change and then request the name & gender change to your birth certificate simultaneously. If you request a name change to your birth certificate after already changing your gender on your birth certificate, the name change is simply stapled to the birth certificate; whereas, when you request a name & gender change simultaneously, the CDPH will re-issue a new birth certificate, and place the old certificate under seal.



You will need to gather several documents before you may amend your birth certificate:

Completed form VS 24
You must obtain an original application form VS 24. PDFs or photocopies will not be accepted. Request an original form VS 24 at https://apps.cdph.ca.gov/AutoForm2/default.aspx?af=1184, or by calling (916) 445-2684, or by going to your local County Health Department.

Notarized Sworn Statement (the Sworn Statement is included in the VS 24 form and must be notarized).
A physician's letter stating that you have had "clinically appropriate treatment for gender transition." (see model letter below)

Check or money order for $23.00 made payable to the CDPH Vital Records.

Photocopy of your current birth certificate (optional).

If you would also like to update your name on your birth certificate, you will also need to include a certified copy of your name change order and indicate that you would like your name changed on the VS-24 form.
Mail all of these items to:



California Department of Public Health

Vital Records – M.S. 5103

P.O. Box 997410

Sacramento, CA 95899-7410



For more detailed information on how to fill out the VS 24 form, including an example, refer to the California Department of Public Health's useful pamphlet, Obtaining A New Birth Certificate After Gender Reassignment. 


Once you have submitted your application to amend your birth certificate then the California Department of Vital Records will re-issue your birth certificate with the new name and gender, and place your old birth certificate under seal. According to the state agency's website (http://www.cdph.ca.gov/certlic/birthdeathmar/pages/processingtimes.aspx) the processing time to receive a new birth certificate is currently two months, but we have been told that it often takes as many as eight months for a person to actually receive the birth certificate in the mail.



Model Physician's Declaration:


[Attending Physician's Official Letterhead]

I, (physician's full name), (physician's medical license or certificate number), am a licensed physician in (jurisdiction). I attest that (name of petitioner) has undergone clinically appropriate treatment for the purpose of gender transition to (male or female).

I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct to the best of my knowledge.

Sworn to this _____ day of _______________, 20___, in _______ (city), (state).

Signature of Physician

Typed Name of Physician