Legal name change, what I've learned (at least in Indiana USA)

[Denise]

Hi - National Coming Out Day for me means something completely different.... I had my court date for a legal name change.  I can now do legal things in the name of Denise.  BUT timing is important.
1) Social Security Administration must be first.
    The Bureau Of Motor Vehicles in Indiana is all electronic so your SS information must match and SS takes over night to process your request in their computer.  From there it takes 10-14 business days to get your card.

2) I was born in New Jersey and to get my NJ birth certificate updated costs $2 plus $25 for the first copy and $2 for each beyond that.  To change the name, you send a letter (with payment, a copy of your original B.C. and a certified copy of the court order) to the proper address.  There was no time frame given for getting it back, but I'm hoping a week or two.  I sent the paperwork over-night.

3) The next day comes driver's license.  Make sure you bring all the paperwork.  In the next few years, you'll need a lot of paperwork to renew your driver's license with a name/gender change or not.  If you are changing your gender make sure you have the proper forms for your state signed (original, not a fax) by your doctor.  In Indiana, no surgeries are required.  The license will come in the mail in about 2 weeks.
    The car registration was done as I waited, but the new registration card will be mailed.

4) Passport... unfortunately you need your new SS card, new driver's license (with a new picture) and your updated birth certificate to get the passport.  SO... I'm in limbo to apply for it for a few weeks.  Argggghhhh... this is the one I really wanted.

Other things to update:
1) my employee records (Need the new Social Security Card, 2 weeks)
2) update my bank/investment/loan accounts (need to do this in person to sign a new signature card)
3) Credit cards - call the number on the back of each card
4) Insurance - medical/car/life/home/rent
5) Last Will and Testament - I think this needs to be updated
6) If you are listed in anyone else's will I suggest request an update to <new name> (fka <old name>) so there will be no confusion during a stressful time.
7) medical records *
School records
9) Licenses and certifications (FCC for example)
10) consumer reward programs

--- I'm sure there's more but for now I'll stop.

P.S.  The judge misgendered me 100% of the time during the hearing.  BUT when we ran into the judge later (we had lunch and the judge walked in) he commented as we left "Have a nice day ladies."  That made it all better.

[rmaddy]

Social security is definitely the axis on which the wheel of document change turns, even though a) your SS card doesn't list a gender, and b) the first SS official I spoke to didn't even know that there was a gender associated with my file.  The fact that SS change is possible only due to an Obama era executive order is scary.  45 could undo it in a fit of pique, but so far he has chosen to throw other fits first.  Ditto, by the way, on Passports.  If you're at all concerned about the window of legality slamming closed, the order is:

1) Physician's statement (yeah, I know, but you'll need it)
2) Court order
3) SS
4) Passport

The last two can be done together, and literally everything else WILL be done, pretty much without question if you have the court order and the SS gender designation change.

I still keep my file of 30+ identity change documents, but most of them were corporate, and rather easy.

[Denise]

Social security is definitely the axis...the order is:

1) Physician's statement (yeah, I know, but you'll need it)
2) Court order
3) SS
4) Passport

The last two can be done together, and literally everything else WILL be done, pretty much without question if you have the court order and the SS gender designation change.

I still keep my file of 30+ identity change documents, but most of them were corporate, and rather easy.

Unfortunately I was very clearly told that since my govt issued photo ID (Driver's License) picture didn't look like me (not even close I needed to get a new DL before doing the Passport.  It was also implied that even with the court order the birth certificate needed to be updated (at least the name) too.

I'm very nervous about the door closing by 45.

[Tommie_9]

Thanks for sharing. South Carolina is pretty tough as far as name change is concerned. I went to the Social Security office and they wouldn't change the name on my card from Tommy to Tommie without a court order or birth certificate. I was born in North Carolina, and their attitude toward transgender is hostile. I want my name and gender changed on my DL, but I need these other documents first. I need my DL to match my expression as female. I'm scared to death of being stopped for a traffic violation and proving to the officer I'm the person on the DL. Needless to say I drive the speed limit.  I had my photo changed on the DL and it is more androgynous, so maybe that will help. You can renew your license any time you want at the DMV. Do you meet with the judge without others present?

[Kendra]

I did not update my drivers license, and last week I applied for regular ten year US Passport with updated gender marker and name.  Process is basically a new passport application + doctors letter + court order for name change + $165.  Since this is handled similar to a new passport application you can't mail it in, you need to apply in person.

Court order for name change was easy in Seattle, other than lightening my wallet by $180.  The judge, court clerk, everyone in the courthouse was polite - nobody used my old gender.  I was going to say courteous but that might be a pun.

My endocrinologist provided a nice letter stating I have undergone medical treatment.  When I showed up with paperwork for new passport, nobody asked for my drivers license or birth certificate.  My old passport was used for ID. 

US Passport update process is here:
https://travel.state.gov/content/passports/en/passports/information/gender.html

I'm stopping by the Social Security office today so I can be done with the federal stuff.  One less thing to worry about.

[rmaddy]

https://travel.state.gov/content/passports/en/passports/information/gender.html

The difference in the 2 year vs 10 year passport issue is going to be your physicians letter which states that you have had appropriate treatment to transition from male to female or vice versa.  The words "appropriate treatment" are no longer legally defined (Thanks, Obama!), but need to be in the letter.

For clarification, the only real body change I had done at the time (2014) was laser of my facial and body hair, and I did not think at the time that I would go on HRT or have surgery.  I guess I had hoped for a brow lift roughly when I turned 50, but not FFS per se.  The important thing, which I don't think I can repeat often enough, is this:

Work very closely with a medical/counseling team that accepts the reality and the diversity of gender change.

Interestingly, I believed I had been living my RLE for about 5 years already in 2014.  My physician did not dispute this, but he believes, in retrospect (as written in my letter for GCS) that 2014 was the beginning of the RLE.  I think also, in retrospect that he was correct.  Until then I presented feminine, but I didn't confront the hard choices on how that would play out in my life.  Nevertheless, I was legally female because:

1.  I said so, and consistently lived this out
2.  My doctor said I was appropriately treated (by virtue of regular counseling)
3.  A district court judge ordered that my request for name change be enacted

#3 did not change my gender.  Your state may operate differently, but he only ordered the name change.  Gender change involved me pulling out the physician's letter for almost every document change request.  Getting social security changed made everything else happen very quickly.

[Denise]

... Do you meet with the judge without others present?

In Indiana there is a requirement to post name changes in the newspaper.  There is a little known paper in the county that is used to publish legal announcements that I used.

Then the court room had 5 people, my moral support friend, the judge, the court stenographer, someone who was being trained in stenography and me.  It took 5 minutes and done.

Sent from my LG-H910 using Tapatalk

[Artesia]

In Indiana there is a requirement to post name changes in the newspaper.  There is a little known paper in the county that is used to publish legal announcements that I used.

Then the court room had 5 people, my moral support friend, the judge, the court stenographer, someone who was being trained in stenography and me.  It took 5 minutes and done.

Sent from my LG-H910 using Tapatalk

What township did you do this in?  I'm waiting on the letter from my endocrinologist to proceed further.  I've got my court papers set up to file.  I also have a certified copy of my birth certificate.  What else might I need that they aren't telling me?  I'll be filing in Lake County as soon as I get the letter, and any other papers I may need.

[rmaddy]

Y'all need more progressive government!  You're like the Alabama of the Midwest.   

[Denise]

What township did you do this in?  I'm waiting on the letter from my endocrinologist to proceed further.  I've got my court papers set up to file.  I also have a certified copy of my birth certificate.  What else might I need that they aren't telling me?  I'll be filing in Lake County as soon as I get the letter, and any other papers I may need.

There is a full package of forms you will need on the Indiana gov web site.  Print them out.  All of them.  Leave nothing blank unless it's really not applicable.

Make 4 copies of everything.  (You may only need one or two but make 4 anyway.). When you file you start with the clerk of the court.  They register everything and they told me "oh you don't need these pages..." DO NOT lose those necessary pages.  You will need them the day you go to court!!

Then, in Porter county at least, they send you to the judge's receptionist to schedule a date/time.  Then back to the clerk where you pay the fees (it's not free, I don't remember how much) and get everything stamped and filed.  I believe they keep a copy and give you one back.

Immediately go to the paper and submit the ad for the paper.  There was some confusion with judges in Indiana if the gender marker change (if and only if you were born in Indiana) needed to be payed too.  The Supreme Court of Indiana said "gender marker change does not need to be in paper." The ruling went on that in some cases the name change publication requirement could be waived too, but special cases only.

4-5 weeks later you will get a proof of publication form from the news paper in the mail.  You need that and one on the "unnecessary" documents from the initial visit.  Plus... Bring original birth certificate with at least one photo copy, your driver's license and at least one photo copy of that too.

Show up at least 30-45 minutes prior to the scheduled time and check in with the judge's receptionist.

Be prepared to be misgendered 100% of the time in the court house.  Nooooooooo one got it right on either visit.

Artesia, I'll private you some personal observations that are not really for publication.

Denise

Sent from my LG-H910 using Tapatalk

[Kendra]

I just got back from the local Social Security office.  They accepted my application to update gender marker and name using my old drivers license for ID (since my passport is now being processed), along with court order for name change and the "has had appropriate treatment" letter from my endocrinologist.

They said my new Social Security card will show up in a couple weeks.  Gender marker isn't printed on the card but it's in the electronic records other agencies look up. 

This one didn't cost anything.  Although I suppose that makes sense because it's a card that entitles me to pay income tax...

[Denise]

... everything you said ...

I'm surprised you could get your Passport in your new name (or did I misread that?) before getting everything else done.  They wouldn't accept my application without updated SS card, Birth certificate and driver's license or state issued ID.

One thing I can tell you is that there is a "spring in my step" now that wasn't there before.  I'm more confident because I'm truly not living a double life anymore.  My male name is practically gone and I'm thinking like Denise not xxx now and I just feel better and that is surprising to me.

[Kendra]

Confirming, I passed both federal ID application interviews (US Passport and Social Security card) using my old drivers licensen which has my previous gender marker, name and photo.  The only steps I took before this was obtaining letter from doctor and a name change in county court. 

Passport rules should be identical across the US.  But the various Passport Acceptance Facilities might be interpreting rules differently.  I went to the county courthouse in Seattle - my application was handled by same clerk who scheduled my court hearing for name change.  I had about a dozen local options for this, a few post offices and city hall offices.  If you were rejected for having old ID, maybe try a different office - or the same place when the person who rejected yours has the day off. 

[Denise]

Confirming, I passed both federal ID application interviews (US Passport and Social Security card) using my old drivers licensen which has my previous gender marker, name and photo.  The only steps I took before this was obtaining letter from doctor and a name change in county court. 

Passport rules should be identical across the US.  But the various Passport Acceptance Facilities might be interpreting rules differently.  I went to the county courthouse in Seattle - my application was handled by same clerk who scheduled my court hearing for name change.  I had about a dozen local options for this, a few post offices and city hall offices.  If you were rejected for having old ID, maybe try a different office - or the same place when the person who rejected yours has the day off. 

I wondered about going to a different facility but the clerk said they called the passport office... Maybe I got two people with issues.

Sent from my LG-H910 using Tapatalk

[tgchar21]

I'm surprised you could get your Passport in your new name (or did I misread that?) before getting everything else done.

All that's needed to change just the name on your U.S. passport is the court order (whether it be because you're transgender or some other reason). The other documents are to support the gender marker change.

[rmaddy]

Whatever office (passport, ss, etc), always make sure that you know the legal requirements, print them up, and take them with you.  It is usually a safe assumption that a gender marker change request will be the first for the clerk you encounter.  They won't know how or even whether it can be done.  Be ready to show them that the law and/or policy is in your favor.

[Denise]

Whatever office (passport, ss, etc), always make sure that you know the legal requirements, print them up, and take them with you.  It is usually a safe assumption that a gender marker change request will be the first for the clerk you encounter.  They won't know how or even whether it can be done.  Be ready to show them that the law and/or policy is in your favor.

I think I'll head over to the Chicago post office Monday. 

Thanks to all!!

Sent from my LG-H910 using Tapatalk

[Kendra]

If you're heading into Chicago I recommend the courthouse instead of a post office.  I checked the fed site and it lists the Cook County Courthouse as a passport acceptance facility.  Based on what I experienced a county clerk handling passport applications in a large city might consider this routine, since they also handle name changes for transgender individuals. 

[Denise]

If you're heading into Chicago I recommend the courthouse instead of a post office.  I checked the fed site and it lists the Cook County Courthouse as a passport acceptance facility.  Based on what I experienced a county clerk handling passport applications in a large city might consider this routine, since they also handle name changes for transgender individuals.

Thanks.  I work 4 blocks from there.
Again, you are all wonderful.

Sent from my LG-H910 using Tapatalk

[Pisces228]

In New Hanover county in NC I have to get an FBI background check,  state background check, 2 letters from residents of the county who have lived here for six months or more notorized stating I have a good character, a notorized statement that I don't owe child support or back taxes, post my notice of name change on the courthouse door for at least 10 business days but no more than 30, pay the court fees, then petition the court to accept my name change.  I'm still waiting on my fbi background check to come, 10 weeks after requesting it grrrrrrrrrr!