Community Conversation => Transitioning => Legal Matters => Topic started by: Jennygirl on July 01, 2014, 05:26:15 AM Return to Full Version

Title: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 01, 2014, 05:26:15 AM
AB 1121 is supposedly going into full effect TODAY! Huzzah!!

I have been waiting for this day to change my documents. Does anyone have any infos on if it is indeed available to us? I don't wanna go to court and wait in long lines for nothin'.

Thank you in advance for any information :D

QuoteWhile some states have administrative procedures that permit transgender people to amend the gender marker, name or both on their birth certificates, California still requires a court hearing as a prerequisite before the state's Office of Vital Records will change the gender marker on a birth certificate. Court fees are currently $435 for a gender change or name change petition. AB 1121 will allow individuals to bypass the court and apply directly to the Office of Vital Records to amend a birth certificate. That will both streamline individuals' access to corrected birth certificates and reduce the caseloads of overwhelmed courts. The name change provisions go into effect July 1, 2014 and birth certificate provisions go into effect January 1, 2014.

~ ~ ~

AB 1121 will also make the name change process more private and affordable for transgender people, exempting them from the requirement that a person pay to publish a notice of the intended name change in the local newspaper for four weeks. (http://transgenderlawcenter.org/archives/9027)

!!!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on July 01, 2014, 08:53:43 AM
I've been waiting too Jenny. I want to the trans pride event in L.A. recently and the transgender law center was there running a name change clinic. I gave them my info and they are supposed to fill out the necessary forms and send them to me as soon as the forms are available. I'm hoping to receive them soon because i'm ready to get this show on the road. I was born in a state that requires GRS to change the gender on my birth certificate so I am screwed there with making that change until I can afford surgery.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: TerriT on July 01, 2014, 10:39:34 AM
Admittedly, I haven't kept up on this as closely as I should. I will check with the law center since my plan was to change my name in August.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jill F on July 01, 2014, 11:38:47 AM
I like that this finally happened, but I'm glad I didn't wait around.  I got the heads-up from my wife who is an attorney in Los Angeles that court dates are a LONG, LONG wait, so I filed my papers the old-fashioned way on December 10 and ran my name change in a print newspaper (a small, cheesy one).  The soonest court date I could get will be on July 24.  That's a 7 1/2 month wait in Los Angeles county, folks.   I'm sure it's faster in other parts of CA, but I'm just throwing this out there.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on July 01, 2014, 12:56:25 PM
If anyone has info on how you go about getting your name and gender changed now, can you please post it here? I've been waiting for this to go into place, but I'm having trouble finding info on the steps that need to be taken.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 01, 2014, 02:05:56 PM
The way I understood it was that no court date will be necessary.. that you can just go to the counter, fill out the sheet and have the required doctor's note, pay a small fee, and bam court ordered name change document.

Then you can go to the DMV with the court ordered name change to get new DL.

I might be wrong though. I'll probably go downtown tomorrow morning and check it out. If you get there at around 8:15 before the doors open the line goes pretty fast. It's the getting up part that SUCKS. THEN eventually that DMV line. Ugh what a gross day that will be :P
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: awilliams1701 on July 01, 2014, 03:14:37 PM
I'm the kind of person that waits at least a week for these kinds of things, even movies, and when I do go I pick odd dates and times. This way it reduces the chance of too many people being there.
Title: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on July 01, 2014, 06:06:17 PM

Quote from: Jennygirl on July 01, 2014, 02:05:56 PM
The way I understood it was that no court date will be necessary.. that you can just go to the counter, fill out the sheet and have the required doctor's note, pay a small fee, and bam court ordered name change document.

Then you can go to the DMV with the court ordered name change to get new DL.

I might be wrong though. I'll probably go downtown tomorrow morning and check it out. If you get there at around 8:15 before the doors open the line goes pretty fast. It's the getting up part that SUCKS. THEN eventually that DMV line. Ugh what a gross day that will be :P

Please report back what you find Jenny. Im very interested in the process itself. I'm filing in a different county so I'm hoping the lines will be shorter than they are in LA.

Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 01, 2014, 06:49:59 PM
I too thought it'd be a simple trip to the court house... hahaha nope. :(

Unfortunately it seems like they made more of it than it really is.  All that really changed is that you don't have to publish the name change in the newspaper, and you do not need a court hearing to get JUST your GENDER MARKER changed.  You can do that through sending the dept. of vital statistics a form.

YOU DO need a court hearing 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 no one objects).  However, you're still going to have to pay the $435 court fee :( Unless you qualify for the waiver of course.

http://transgenderlawcenter.org/archives/10606 (http://transgenderlawcenter.org/archives/10606)

This really sucks, I was hoping to get out of paying that fee, since I'm sure I'm not going to qualify :( I make too much money. 

Here's what I'm planning to do, after looking through this for a bit.  This way I can avoid having to go to the hearing, even if I do have to pay the fee.

1.) File a name change WITHOUT gender change.
Use form NC-100
http://www.courts.ca.gov/documents/nc100.pdf (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:
http://www.courts.ca.gov/formnumber.htm (http://www.courts.ca.gov/formnumber.htm)
You do not need a doctor's affidavit for this step, just check box 6.


2.) Once awarded the court order for name change, then file the form to change birth certificate name and gender to dept. of vital statistics.  You have to request the form, then mail in that form with your court issued copies of the decree to change your name.


This isn't really very 'streamlined' imho. :(  It's going to take at least 6-7 weeks to get the court ordered name change, THEN another 2 months on top of that to get my changed birth cert... so looking at 4 months before I can head down to the DMV & SS offices... ugh -_-;  It really sucks they make us jump through so many hoops...  They also advise just to go through with the old process of doing the court hearing for both name & gender change if you live out of state.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 01, 2014, 07:00:12 PM
Would it make more sense for me to file for name AND gender change ~ NC-2xx docs?

My birth certificate is in Ohio, where they won't let me change my birth certificate at all :P

I am confused why you would do NC-1xx to only do name change and not gender?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 01, 2014, 07:06:08 PM
Quote from: Jennygirl on July 01, 2014, 07:00:12 PM
Would it make more sense for me to file for name AND gender change ~ NC-2xx docs?

My birth certificate is in Ohio, where they won't let me change my birth certificate at all :P

I am confused why you would do NC-1xx to only do name change and not gender?

I shoulda mentioned I was born in California and always have lived here I don't... think that you can just apply to california dept. of vital statistics to amend ur birth cert. if u were born out of state sadly :( But I'd look at that link since I'm no lawyer XD http://transgenderlawcenter.org/archives/10606
(http://transgenderlawcenter.org/archives/10606) They have a button u can ask them questions. 

They did say this in there though:
"For people living in California but born elsewhere, a California court-ordered gender change may or may not be helpful in updating the gender marker on a birth certificate issued from a different state."

Soo... sounds like maybe u'd still have to do a hearing, and even that may not change ur birth cert, but u could get a California DL that way? IDK, as I said I'm no lawyer ^^; Either way if you wanna get a name change you still have to file the fee sadly... I envy those people lucky enough to be born with gender neutral names now XD

Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 01, 2014, 08:26:28 PM
Yeah I already knew I was stuck when it comes to birth certificate. No big deal anyway though- as long as I get a passport, to have 2 forms of ID.

So with the new provisions, it's not a court ordered name change that you get? I thought that was what the DMV needs to change DL?

Sorry for the 20 questions. Thanks for the help Kristina :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Khalysta on July 02, 2014, 01:32:23 AM
http://www.courts.ca.gov/25797.htm - seems to have all the documents.  I believe the filing fees are around ~425.  I've been waiting for this time too which is why I did ffs at this time.  There does seem to be some gray area it seems as to what is "clinically appropriate treatment". 

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=103001-104000&file=103425-103445

To me it can just mean estrogen and living as a female now that the AMA has stated removing genitalia should not be a requirement for transgenders.  I guess it depends on your doctor though.

I'm in the same boat as you with the birth certificate Jenny.  I'm from ohio as well and I can't believe how backwards that state is considering columbus has a huge LGBT community.  I actually wrote a later to the state assemblywoman for where I grew up saying it is backwards and discriminating to not at least have laws allowing for modification of the birth certificate gender. Plus they are 1 of two states that does not allow for at least an addendum.

Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 02, 2014, 01:43:33 AM
Whoa what are the chances that you are from Ohio, too?! how cool.

Once again thanks for the info. That is a very informative link and I think I understand now.

So we still have to see a judge- we just don't have to publish in the newspaper like we would have had to do?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 02, 2014, 02:06:56 AM
Quote from: Jennygirl on July 01, 2014, 08:26:28 PM
Yeah I already knew I was stuck when it comes to birth certificate. No big deal anyway though- as long as I get a passport, to have 2 forms of ID.

So with the new provisions, it's not a court ordered name change that you get? I thought that was what the DMV needs to change DL?

Sorry for the 20 questions. Thanks for the help Kristina :)

lol no problem! :D they're all questions i've been agonizing over the past couple days myself!  Really sorry to hear about your birth cert. :( But that law can't last forever, I"m sure it'll get changed at some point!

As for the new laws, it's really hard to distinguish between what it actually does and what people say it does it seems... to the best of my knowledge all the new law did was this:
1.) If born in California, you can get your gender marker(not name) changed on your birth certificate by applying directly to the department of vital statistics and paying $23 for the new certificate.
2.) When applying for a court-ordered name change, you do not have to publish the name change in a newspaper if the purpose is for changing your name to align with your gender identity (that was the wording on the forms, not mine). Check box 6 for that form NC-100.
3.) If changing your name or gender through the courts, you do not have to appear at a hearing if there are no objections to your petition.  However if you are doing both at the same time you are still required to appear in court. (This is form NC-200).  Since you can change your gender marker on passport & DL without a court ordered name change, it makes doing form NC-200 (name & gender at same time) kind of redundant / useless.

So if all you want is the California DL it looks like for the gender change all you have to do is fill out a DMV form DL-239 with the physician's letter. (Doesn't have to be SRS, just says 'treatment' so I'm guessing it can be the endo).  That'll change the marker from M to F on the DL.  To get the name change though you DO need a court ordered name change. To me it really seems dumb how they do gender & name separately... like someone would want a female name on a DL that says Sex: M or a male name on a DL that says Sex: F!! O.o It would make just the most sense to do name & gender at same time w/o hearing and this is what me and a lot of other ppl thought the new law did, but sadly it doesn't :(

The reason why I said just to do an NC-100 instead of an NC-200 is that the NC-100 means you don't have to actually go to a hearing.  You still have to pay the court fee, but you don't have to get all your documents and together and go sit in front of a judge.  Pretty sure you can change the gender marker on your passport just doing it through them :)  Hopefully the link below will help!!

http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california (http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 02, 2014, 02:11:05 AM
Quote from: Jennygirl on July 02, 2014, 01:43:33 AM

So we still have to see a judge- we just don't have to publish in the newspaper like we would have had to do?

If we only do a name change, we don't have to see a judge.  If we do a name + gender change we do have to see one.  I'm just gonna do my name change first, then do my gender markers change on the DL & Passports forms separately so I don't have to waste a day in court XD sucks we still have to pay the fee tho. Sorry I typed pretty much the same stuff but longer b4 i took forever on my reply
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 02, 2014, 04:38:01 AM
That's great! I like your plan.

So does that mean with doing name change alone, it will still take 4 months wait time because they still have to schedule a court date even though you don't have to appear? We are stuck waiting 4 months no matter what? Oh well. I've waited this long, another 4 months whatever :P
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 02, 2014, 11:01:44 AM
Quote from: Jennygirl on July 02, 2014, 04:38:01 AM
That's great! I like your plan.

So does that mean with doing name change alone, it will still take 4 months wait time because they still have to schedule a court date even though you don't have to appear? We are stuck waiting 4 months no matter what? Oh well. I've waited this long, another 4 months whatever :P

Yeah we have to get a court date hearing :( This gives ppl time to 'object'.  If no one objects by 2 days prior to the hearing they grant it without the hearing.  I said like 4 months because I was thinking minimum time for court order + birth cert... .realistically I guess we don't know when we get a hearing.  They say on the forms a minimum of six weeks.  But Didn't someone up the list say it took them 7 months? :( IDK this is California so even if we didn't have to reserve a court date it'd probably take just as long XD My mom just became an RN and it literally took her 7 months to start working with all the hoops they made her jump through.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Khalysta on July 02, 2014, 02:15:03 PM
Doesn't social security need the gender change?  I was more worried about them because filing paperwork at a new job and if it mismatches they can question your employer.  It's all quite confusing!

Jenny:  Yes it was quite the coincidence when I saw you were from Ohio too :)  It's so much nicer out here in So Cal :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 02, 2014, 03:28:00 PM
Quote from: Khalysta on July 02, 2014, 02:15:03 PM
Doesn't social security need the gender change?  I was more worried about them because filing paperwork at a new job and if it mismatches they can question your employer.  It's all quite confusing!

Jenny:  Yes it was quite the coincidence when I saw you were from Ohio too :)  It's so much nicer out here in So Cal :)

It would seem that now all you need to change your gender marker on your social security is the doctor's letter saying that you've undergone treatment, not SRS.  They cut out the requirement to have SRS last year I believe.  However to change your name, I believe you have to change it on your driver's license, passport or birth certificate first. That way you have proof of your current identity.  Correct me if I'm wrong but it doesn't look like they take the court ordered name change as proof of identity in changing the name on your social security card.


So looks like for ppl born out of state it'd go.
1.) File for your court ordered name change (w/o gender change if you want to avoid a hearing).
2.) Take court ordered name change + Dr.'s letter of treatment and get California DL from DMV.
3.) Take your California DL  + Dr.'s letter of treatment and get a new social security card.

Don't know about passport though, sorry!

Sources: http://transequality.org/Resources/SSAResource_June2013.pdf (http://transequality.org/Resources/SSAResource_June2013.pdf)
https://faq.ssa.gov/link/portal/34011/34019/Article/3749/How-do-I-change-or-correct-my-name-on-my-Social-Security-number-card? (https://faq.ssa.gov/link/portal/34011/34019/Article/3749/How-do-I-change-or-correct-my-name-on-my-Social-Security-number-card?)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 03, 2014, 12:00:59 AM
I want to personally thank all of you for contributing to this topic as I could not find any information anywhere regarding the name change portion that went into effect on July 1st. I have all my name change paperwork ready to go and plan on making copies tomorrow and filing it at the courthouse. I am so glad that we are all able to do this now and that it is at least a little bit of an easier process. I think it would be incredibly helpful to post follow ups of our expirences to let others know what to expect. Also just throwing in my two cents I found it way easier to fill out the forms via pdf document because I could copy and paste repeated information and not worry about perfect handwriting.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 03, 2014, 04:37:23 PM
No problem!! :) I plan on going in on Monday afternoon I'll let everyone know how it goes!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 03, 2014, 07:04:47 PM
Going down to the courthouse today was quite the adventure! Long story short I got everything filed and have a case number and scheduled court date next month to change my name. Luckily there were only two people ahead of me and two clerks were open. This was in Riverside CA. I went to the clerk and gave her my paperwork. She then proceeded to tell me about how I needed to file an ad in the newspaper which I was very surprised to hear. I told her about AB 1121 and she continued to tell me I need to file an ad in the newspaper. Then she told me I will have to appear in court. Which let me down again. She knew NOTHING about AB 1121. I spent about 5 minutes debating with her about how the new law went into effect July 1st and that it exsists.She finally gave in and turned the computer screen to me and told me to show her where to find it on the County Courts website. I was trying to guide her and she just ignored me reading the old gender and name change information over and over quietly to herself. All of the sudden the Transgender Law Center webpage popped up LOL. She read it and then said she was unaware of this information and needed to share it with her supervisor. I waited about 15 minutes and she came back saying she couldn't find a copy of the updated law. She then told me to wait again and when she came back she told me to wait again for another 15 minutes. In the meantime I asked another clerk who wasn't with a customer if she knows where I could find legal documents and she didn't know. I then went over the the lawyer help line and talked to a very helpful lady there who immediately told me she would get me a supervisor. I went  over to the supervisor explained everything and she went over all my paperwork and began stamping it. All of the sudden the original clerk I saw comes out of nowhere after another 20 minutes whispering about how the supervisor told her what I said is correct and gave her the forms. She refereed to me as "he" and "him" which really was the icing on the cake to my irritation but I let it go. I am full time and very passable so I think she was trying to one up me for knowing more than her lol.  The supervisor then told me about how I will receive a letter in the mail regarding whether my fee waiver has been accepted and printed out a page with my court hearing date and case number. I was finally done after about an hour and 30 minutes! It was pretty frustrating and exhausting but worth it now that they know what to do now. I hope my experience that forced them to be on top of the game will help more trans people trying to get on with their lives. My advice is BRING A COPY OF AB 1121 and talk to a supervisor in case you have a incompetent clerk like I did. I understand its a new law but Its not my job to do others jobs! Im just glad I got everything submitted. The gender form is SO MUCH of an easier process. Good luck to everyone and be sure to post updates!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 03, 2014, 07:32:05 PM
Gah, I'm really really sorry you had to through with that :( I really can't stand when people intentionally misgender you just to be mean.  I'm in the same boat full time / passing but I have certain family members that refuse to refer to me by my correct gender & name. I've taken to ignoring them when they address me that way  8)

It says right on the 2nd page of NC-100 (the instructions page) that you don't have to publish in a newspaper for purposes of gender identity.  I'll make sure to printout a copy of the law though as extra firepower!

On the bright side it sounds as if it was pretty empty in there, so that's good! And if you got a hearing date next month it allays my fears that there will be a huge wait.  I'm in Orange County right by you, I can't imagine it would be that much different.  Though the treatment you received might just be the area- I hear that Riverside is a bit more conservative... though the OC is pretty conservative too.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 03, 2014, 07:38:33 PM
Thank you for your account, riotgrrrl!! Surely you have just saved a bunch of us lots of trouble. I appreciate you sharing with us :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: mrs izzy on July 03, 2014, 07:48:23 PM
As i have had to deal with these things in both the United states and Canada i have found that you have to be smarter then the clerk behind the screen.

You most likely will be the only one they ever have to deal with and they do not know unless its in front of them.

I made copies of everything before i went to deal with any one.

Yes it is hard dealing with people but again your chances of seeing them ever again is slim and none.

Hang in and do not take i do not know for a answer.
Izzy
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 03, 2014, 08:11:00 PM
Thank you for all of your kind words everyone :) I am so irked that the NC-100 form says that you do not need to run an ad in the newspaper right on it and I didn't think to look on there. How could the clerk not know that then if she read the documents LOL "rolls eyes" I experience the same and react the same way with family misgendering. I really think the root of misgendering is one actively seeking power and control over another with a dash of self righteousness and "knowing the truth" thrown in. I would say Orange county can be alot more conservative than Riverside but the I.E. can be more ignorant if that makes sense.  Im glad I can help I'm new to Susans and I'm really liking it. I know they will be dealing with other trans people in the Riverside area I know of. I am a very persistent person and if there is a law protecting my rights I will use it to my advantage.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 04, 2014, 12:39:12 AM
Quote from: riotgrrrl on July 03, 2014, 08:11:00 PM
Thank you for all of your kind words everyone :) I am so irked that the NC-100 form says that you do not need to run an ad in the newspaper right on it and I didn't think to look on there. How could the clerk not know that then if she read the documents LOL "rolls eyes" I experience the same and react the same way with family misgendering. I really think the root of misgendering is one actively seeking power and control over another with a dash of self righteousness and "knowing the truth" thrown in. I would say Orange county can be alot more conservative than Riverside but the I.E. can be more ignorant if that makes sense.  Im glad I can help I'm new to Susans and I'm really liking it. I know they will be dealing with other trans people in the Riverside area I know of. I am a very persistent person and if there is a law protecting my rights I will use it to my advantage.
Welcome to Susan's!! Well I'm glad ur persistent cuz ur efforts mean the supervisor knows what's up so you've just made it easier for all the ppl who will come after you :)

It's ok it's VERY easy to miss the newspaper reference on the NC-100.  I spent hours and I mean hours going over these forms trying to understand them >_>; legalese is a language I'll never comprehend!  Yeah I'd agree with you on misgendering :( I think we've all been there with family *hugs* You put it perfectly about the OC XD I'm a femme lesbian and my girlfriend is also femme.... it sucks we can't hold hands or kiss w/o homophobic girls staring at us in disgust or some types of guys stopping to watch @_@
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Khalysta on July 04, 2014, 01:26:42 AM
Riotgrrl think of what you did as trailblazing for others in your area :)  It makes the experience a bit more positive ;)

I figured there would be some hiccups and lack of knowledge first week. Things like this are big to us but probably small and infrequent to people working at the courthouse.  That is a good idea to bring copies of the law though.  I just had ffs so I'm waiting on the swelling to go down and have a doctors appointment in a few weeks where I was going to get my endo to sign all the paperwork for this.

It's like we are all a county away since I am in San Diego :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 04, 2014, 06:35:22 PM
Thanks Kristina77 and you are right that's why I didn't give up. *hugs back* The forms were incredibly confusing aswell and I used google to type in questions I had. It really bothers me that lesbianism is so sexualized and ostracized in the patriarchal and heteronormative society we live in. The Transgender Law Center has an AB 1121 FAQ heads up to everyone. If it wasn"t for the internet I don't know what I would have done besides hire an attorney which I can't afford. Khalysta I agree with what you said but I didn't expect them to have so 0 knowledge and the supervisor who did should have educated his staff.Congrats on your FFS I hope your healing goes well and quickly! Thank you for the trailblazer comment. To my understanding you need a doctors affidavit from a physician 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 gender on your birth certificatehttp://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-%2801-14%29-MERGED.pdf  I was not sure an endocrinologist is considered a physician but they are maybe I should have my endo sign my form instead of my primary care physician.
 
That is meant to be that we are all so close :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Flan on July 04, 2014, 06:59:49 PM
Quote from: riotgrrrl on July 04, 2014, 06:35:22 PM
I was not sure an endocrinologist is considered a physician but they are maybe I should have my endo sign my form instead of my primary care physician.
As long as it's a MD/DO it's gravy (an endo counts as such)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 06, 2014, 02:20:13 AM
Yay thank you for the info Im trying to keep on my toes so I can help others navigate the system.  :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on July 07, 2014, 01:14:45 AM
This is all so confusing to me still. I wish there was a step by step guide on how to get both my name and gender changed. Is it better to do one then the other or both at the same time?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 07, 2014, 05:56:25 AM
 

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.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on July 07, 2014, 10:53:11 AM
Quote from: riotgrrrl on July 07, 2014, 05:56:25 AM
 

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.
OMG thank you so much! This was seriously making me cry out of frustration.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 07, 2014, 03:18:27 PM
Quote from: riotgrrrl on July 04, 2014, 06:35:22 PM
Thanks Kristina77 and you are right that's why I didn't give up. *hugs back* The forms were incredibly confusing aswell and I used google to type in questions I had. It really bothers me that lesbianism is so sexualized and ostracized in the patriarchal and heteronormative society we live in.
That is meant to be that we are all so close :)

I know, those forms ugh O.o Yeah it really does suck I think you hit the nail right on the head though with the reasons why lesbians (especially femme/'lipstick') ones treated the way they are.  I've thought for a long time how to sum it up in 1 sentence and u did that perfectly XD It is awesome we're all so close I'd be great to meetup at some point down the road :3

Looks like I'll be going on the 15th next week now instead, since stuff came up in life.  Again if anyone in Susan's hasn't been to the OC courthouse in Orange already I'll write something up about my experience!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 07, 2014, 10:39:31 PM
Your welcome Autumn :) I was also extremely frustrated as well and I'm doing this so others won't be. You can fill out the forms online through Adobe Reader and type in the information it's way easier and faster than using pen. I was having a little bit of anxiety when I tried to fill out the printed out forms because I wanted them to be perfect and I kept messing up :(.  Thanks Kristina I'm a feminist so I have my own set of political theories on why women are treated the way we are. A meetup would be pretty cool I need to meet more women like me. Good luck at the courthouse! Be sure to post your experience so you can let someone in the OC know what it's like. :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 09, 2014, 06:53:55 PM
WOW HOLY CRAP what a time I just had at the OC courthouse!  >:(

(WARNING: LONG)


Ok.... so basically the lady at the counter greeted me with a smile and was very friendly... until she saw what I wanted.  She then proceeded to treat me pretty rudely & insist that I need the newspaper publication in order to file.  I told her that I didn't, showed where it said that on the back on the forms, and she still refused to take my papers.  I asked for a supervisor.

While I was waiting, I noticed this clerk's cubicle space was lined with fundamentalist Christian stuff, (if you've lived in the OC for awhile Harvest Crusade should raise some red flags).  Then the supervisor comes forward and begins to argue with me and tell me I'm wrong!!! I show her the paper, and a copy of the law I pulled up on my phone, and she wouldn't even so much as look at them! The SUPERVISOR!  Ugh I am so angry still right now.

I told them I wasn't leaving until I had a court date, and the supervisor pulled the clerk aside and starting the whispering game.  They didn't refer to me as 'he' thank God but 'they' is still pretty spiteful, especially considering I pass 100% of the time.  And especially when I'd been getting addressed as 'she' and 'ma'am' the whole afternoon at the courthouse by others (including a guy who opened the front door for me with a wink). 

They finally let me file my papers and said 'well the judge won't grant it your name change without the newspaper publication if you're wrong.' To which I replied 'well I'm sure the judge will know the laws better than you, I'm not worried.'  Then the supervisor left and the clerk STILL refused to take my papers saying I needed photocopies.  She then told me I could get copies on the 3rd floor (we were presently on the first floor). I asked her if the copy machine was a pay one, i.e. would I need money, and she said 'no, not the one on the third floor.'

Keep in mind at this point it's about 3:30 and they would close the doors to file court hearings at 4:00.  I run up to the third floor and huzzah!! The thing is a pay copier after all!  So I run back down to my car, grab some cash and run back up, make copies and run back down.

Then I go back to the clerk's window and she tells me I have to wait in line AGAIN.  I do that and eventually right before 4:00 like at 3:50 she takes my papers and gives me a hearing date (all the way in mid September -_-;) It really feels like she was trying to delay me, though a got in a conversation with a nice lady in line who made me feel better.  She was really sweet, had no idea that I was trans or what I was there for but was really comforting to me  :)  She just said 'It's ok honey we all hate being here, you'll be done soon.' lol

For anyone going to the courthouse in the OC you have to keep fighting!! Make them take your papers and get a court date!  Don't back down because even the Supervisor doesn't know the law! 

I'm on such an adrenline rush right now... I plan on bringing a full copy of AB1121 to the courthouse at my hearing if I have to go (I probably will go anyway, just to be sure knowing these people -_-;) I plan on contacting the transgender law center as well to see if perhaps I'll need legal representation because I do not want this junk repeated in September when I go before the judge.

All in all cannot wait to get the hell out of the OC, too many conservatives and christians down here  :(
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Jennygirl on July 09, 2014, 11:02:31 PM
Wow this just sounds so crazy. I am not looking forward to this.

Thanks for your account. I am going to be super mega loaded on the law printouts and explanations. Also I think I'm going to try for the soft & gentle approach. Hopefully being in the downtown LA court will help, too.

But yeah, I think it's just a general rule of thumb that court clerks are angry at everyone. Same goes for the people who work at the DMV. It's not impossible to get a nice person, but holy sh!t is it rare.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 10, 2014, 12:04:05 AM
Quote from: Jennygirl on July 09, 2014, 11:02:31 PM
Wow this just sounds so crazy. I am not looking forward to this.

Thanks for your account. I am going to be super mega loaded on the law printouts and explanations. Also I think I'm going to try for the soft & gentle approach. Hopefully being in the downtown LA court will help, too.

But yeah, I think it's just a general rule of thumb that court clerks are angry at everyone. Same goes for the people who work at the DMV. It's not impossible to get a nice person, but holy sh!t is it rare.

Good luck!!! :) I think you'll be fine LA tends to be more liberal than the OC.  It was nearing the end of the day so that could be why they didn't want to look at the paperwork I had explaining the law, but at least they took my papers.  Still... I'm not going to rest easy until I have that judge's signature in my hand
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 10, 2014, 12:06:58 AM
Quote from: riotgrrrl on July 07, 2014, 10:39:31 PM
Thanks Kristina I'm a feminist so I have my own set of political theories on why women are treated the way we are. A meetup would be pretty cool I need to meet more women like me. Good luck at the courthouse! Be sure to post your experience so you can let someone in the OC know what it's like. :)

Same here I'm quite the feminist myself  ;) Our type is definately villified a lot these days sadly.  Already posted my response but advice to anyone going in Orange County.  Go early, have a full copy of the law printed out, have photocopies, and a will of steel :) Hope everyone has better luck than I did.  Just frustrating since it's their jobs to know the law (especially the supervisors).
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 10, 2014, 04:57:45 AM
Awesome I am yet to talk to another trans woman who is feminist besides you! Rad Fems are causing all feminists and Feminism in general to be villified. But hey that has been going on since the movement first started and gained media attention. I am so sorry your experience was so horrible, I am shocked that even  the supervisor didn't know or didn't want to know what they were doing. They didn't even ask for photo copies from me, I am so lucky to have gotten a court date in August. Every time I see anything Harvest and NOTW related I roll my eyes and laugh. I'm glad you didn't give up fighting either and weren't directly misgendered. I am glad you are going to contact Transgender Law Center, what we are experiencing is beyond being uneducated about laws it is DISCRIMINATION.  We have a right to legal services without having to jump through hoops, especially when a law was passed to help make that easier. I  hope everything else goes smoothly for you. P.S. even with all the sheeple in the OC I would never pass up an oppurtunity to live there because I love the beach so much.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 10, 2014, 06:58:23 AM
Same here I'm really happy to meet you! :) I think that's what bothered me the most though... the fact even the supervisor didn't WANT to know what the law was or what I had to say.  You're totally right; a clerk can be excused for not having the correct information but the fact that even a supervisor didn't is ridiculous as it's their job to know the law... or at least read their own forms.

Not much a beach girl myself, my parents took me like everyday as a kid so I burnt out on that pretty fast.  The OC is a beautiful area though and very richly multi-cultural, just wish it didn't have such a strong conservative christian presence, but oh well everything can't be perfect. :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on July 10, 2014, 09:03:12 AM
So i took a look at the forms today and I found them confusing and unclear.

As an example - at the top of form NC-200 there is an area that says "ATTORNEY OR PARTY WITHOUT AN ATTORNEY" which would pretty much include everyone. In that same boxed in area there are spots to enter a state bar number, a firm name, and other lawyer looking stuff - what the heck is supposed to go there if you are filing your own paperwork? Am i even supposed to fill that area out?

The form CM-010 was totally confusing. I have no idea how to fill that one out.

Does anyone know how to fill these forms out?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 10, 2014, 02:03:36 PM
Sure I do, the attorney or party is where you just put your current legal name & address info (I think they ask for email too).  Are you using the fillable forms? That makes it a lot easier.  Here's guide to filling out the cover sheet: http://transgenderlawcenter.org/issues/id/id-change (http://transgenderlawcenter.org/issues/id/id-change)

Specific to the cover sheet CW-010

Directions for completing the Civil Case Cover Sheet:

Just check:
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"


Make sure when you file you go to the courthouse / area of the courthouse where you would file civil suits.  If you havea ny other questions please let me know :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 10, 2014, 02:53:36 PM
Never mind about my last post luckily my parents are going half and half on my court fee I am so glad it's only $23 for the gender part! I am just going to pay the fee instead of appealing to the court to try and get my fees waived again.
Title: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on July 10, 2014, 03:37:51 PM

Quote from: Kristina77 on July 10, 2014, 02:03:36 PM
Sure I do, the attorney or party is where you just put your current legal name & address info (I think they ask for email too).  Are you using the fillable forms? That makes it a lot easier.  Here's guide to filling out the cover sheet: http://transgenderlawcenter.org/issues/id/id-change (http://transgenderlawcenter.org/issues/id/id-change)

Specific to the cover sheet CW-010

Directions for completing the Civil Case Cover Sheet:

Just check:
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"


Make sure when you file you go to the courthouse / area of the courthouse where you would file civil suits.  If you havea ny other questions please let me know :)

Thanks Kristina77! That helps a lot!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Khalysta on July 19, 2014, 12:45:02 AM
I filed today in san diego.  There was some confusion and I had to point out the skip the newspaper part with a copy of the AB 1121.  The clerk was kind of aware of it saying there was an email about it but other older documents conflicted.  She confirmed it all with her supervisor though and things went smoothly from there.

It was definitely a good tip to bring the copy of AB 1121!  That helps when you can highlight the section in advance and point it out.  I was braced for the worst but I'm glad it went relatively smoothly.   I was in and out of there in about 30 minutes.  Unfortunately, the earliest court date was 9/5 since I was hoping to get it done before the next semester of grad school but oh well I can survive another month.

Thanks for all the tips! :)

Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 19, 2014, 02:47:44 PM
Yay I'm so glad you had a great expirence Im sorry you have to wait so long. I am so lucky my court date is August 11 and my school starts August 15 and it will only take a few buisness days to mail my court order so when I register for school I can put my new name and not have to worry about being outed by my name on the school computer!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 19, 2014, 10:24:11 PM
Quick update!! Got my fee waived X3 so I think I"m all good!! Court date isn't until Sept. 16th though  :( And with me being really iffy at my job right now I'd love to have it sooner but w/e everday gets closer!! So excited!!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 20, 2014, 10:17:45 AM
Yay I'm so glad you got the fee waived! I got denied because my parents make $1000 over the limit and they base the waiver off of household income. I was going to pay $200 all the money I have and they were going to pay the rest. Even though they make $1000 over they still don't have enough at the end of the month to pay the court fee. Its strange because on the letter I received saying my request was denied It said I made too much but I have no income and $200 to my name. I'm 18 so I live with my parents and am starting my senior year. Now I'm waiting on the letter for my court date so I can plead my case with the judge. I'm sorry your court date is so far away. I'm so glad I will probably be able to have my court ordered name change for my school before I go back. Just a FYI to everyone filing the form to change your gender is kind of expensive :( even with the new law in effect. Its $23 to send in the form plus you have to get your sworn statement notarized and that can be $10- $30 from what I have researched. If you don't have your sworn statement notarized you have to include a certified copy of a court order. You also have to pay for postage for a large letter envelope. Then you have to get a certified copy of your court order name change if you have one which is $25. Finally you have to send in $23 to request a new birth certificate. So it's going to be a minimum of $80-$100. Hey that's a lot cheaper than having to undergo SRS to get your gender marker changed. Especially if you don't have insurance to cover it or getting a $425 court ordered gender change unless you get a fee waiver. Once I get my SRS next year through my insurance I'm going to actually get a court ordered gender change. Since I will already have my birth certificate changed from this year I just want to be able to have my gender recognized in all of the states.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on July 20, 2014, 02:57:58 PM
Ah, that sucks  :( I'm in my late 20's and though I do make far over the limit I wrote down my income & all expenses on the form in detail and the Judge granted it! I honestly wasn't expecting it but he did  :D  Getting the notarized dr's note is gonna be a pain in the butt though.  I really, really wish AB1121 let us change our gender AND name going through the birth certificate... But it's that whole attitude of 'that's too easy, what if u were trying to evade the cops' etc -_-;;; as if they wouldn't have access to those records lol @_@ (i've had a few family members express worry that it's 'too easy' to change our genders/names).  Good luck to you though!! :) Things r looking up for us!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on July 23, 2014, 02:28:26 PM
Just filed my paperwork for a name change in San Bernardino. They were misinformed about AB 1121. The clerks said that I had to file an ad with the newspaper, then I informed them of the changes. Thankfully one of the other clerks knew what I was talking about. Overall, it went pretty smooth, except for that hiccup. Got my date next month!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on July 25, 2014, 01:59:05 AM
Yay I'm so happy for you Autumn. I'm glad things worked out. I got a letter granting a hearing about my fee waiver in the mail today. Hopefully I can get my fees waived!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on July 25, 2014, 10:58:03 AM
Quote from: riotgrrrl on July 25, 2014, 01:59:05 AM
Yay I'm so happy for you Autumn. I'm glad things worked out. I got a letter granting a hearing about my fee waiver in the mail today. Hopefully I can get my fees waived!
Thank you! Good luck with your fee waiver  :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on August 01, 2014, 11:03:48 PM
I filed my name change in Ventura county today. After obsessing over the forms for about two weeks (thanks for the help Kristina77! 8)) payday finally arrived so I took my papers and my $435 to Ventura. This is a very large courthouse and I had trouble finding the right place to file the paperwork so I had to ask someone in the lobby where I needed to go. I went up to the right place and waited and waited in a line that was NOT moving (kind of like at the DMV) and finally it was my turn. The girl that handled my paperwork was extremely detail oriented and after a while watching her shuffle paperwork and refer to her documentation I began to get worried, but she eventually reached for some stamps and started stamping paperwork.  She later told me that they had "new procedures" to follow (because of AB 1121?) and she was trying to make sure everything was done correctly. She didn't ask me to file the name change with the newspaper so apparently they have the memo about AB 1121 now.

My court date is Sep 15th so the courts in Ventura county aren't badly backed up. I have a friend that waited 7 months to get her name change done in LA county!!

I have 6 more weeks of my old life left before Eva becomes official. It all seems very, very surreal tonight to think that in 6 weeks I'll be carrying a purse to work.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 03, 2014, 05:01:39 PM
Eva, I'm so glad the clerk was up to date on the law and you got a court date within a reasonable amount of time. I can't even picture you as a "man", you look amazing in your profile pic. Your haircut and color has me jealous! I am so glad this will allow you be your authentic self at work. Congrats! I know I'm looking forward to my last year of school without the anxiety and fear of having my male name called. Especially since that outed me to class mates and staff when they would never know my trans status otherwise :(.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Dee Marshall on August 03, 2014, 05:43:19 PM
Every time I read this thread I'm so happy that my name is gender neutral and I intend to keep it. New York is progressive, but not as progressive as California.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Lauren5 on August 04, 2014, 05:46:23 PM
So I just got my legal name change done in Michigan today, time to get the new California birth certificate.
I'm supposed to fill out VS24 and have my doctor fill out NC2/310, right? Well, here's what VS24 says, and it's quite upsetting, as I thought California made you a new birth certificate.
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fi.imgur.com%2F0LkNaMo.jpg&hash=835ed0a0a7d27656749e8c2bf5a7c148fbaad491)
But here's what the court order from Michigan says:
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fi.imgur.com%2FlOkAzVN.jpg&hash=14e0944672d4d93e3d16f74bbd6ac4111ca5ef38)
So which is it? I don't want my original birth certificate to still be accessible.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: tgchar21 on August 05, 2014, 07:26:45 AM
Lauren, those particular instructions for California are for general-reason name changes - in most cases they only add an amendment noting the changes. They have a different policy and form for those changing their name for transgender reasons - and there a new certificate is issued and they seal the old one. CA will do that whether or not the court order specifies any changes to be made, but for others reading this bear in mind that states are not bound to recognize an order like the one in Lauren's case from a different state (for the MI forms that's for anyone that was also born in that state or another state that requires the court order to specify a new BC be issued).
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Lauren5 on August 05, 2014, 08:40:24 AM
Quote from: tgchar21 on August 05, 2014, 07:26:45 AM
Lauren, those particular instructions for California are for general-reason name changes - in most cases they only add an amendment noting the changes. They have a different policy and form for those changing their name for transgender reasons - and there a new certificate is issued and they seal the old one. CA will do that whether or not the court order specifies any changes to be made, but for others reading this bear in mind that states are not bound to recognize an order like the one in Lauren's case from a different state (for the MI forms that's for anyone that was also born in that state or another state that requires the court order to specify a new BC be issued).
I followed the instructions on the CDPH website. Do I have the wrong form?
And the court here told me that California would have to follow the court order, but now, I'm not so sure.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: tgchar21 on August 05, 2014, 10:25:52 AM
Quote from: Lauren5 on August 05, 2014, 08:40:24 AMAnd the court here told me that California would have to follow the court order, but now, I'm not so sure.

States are not required to amend a BC to begin with even if a court order from another state says they must (otherwise those born in states that won't change the gender on BCs could get around that by moving to another state if they already don't live in one and getting a court order that says the gender must be changed).
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: tgchar21 on August 05, 2014, 10:32:00 AM
Quote from: Lauren5 on August 05, 2014, 08:40:24 AM
I followed the instructions on the CDPH website. Do I have the wrong form?

I found the two separate forms - here's (http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-(01-14)-MERGED.pdf) the one you use for transgender-related changes (and here's (http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CourtOrderNameChangePAMPHLET-(01-14)-MERGED.pdf) the one you probably saw for general name changes - if you read each of them you'll notice the differences in how they handle the old BC).
Title: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on August 05, 2014, 11:00:53 AM
One thing I missed when I was getting my doctor to write letters for my name change is getting him to fill out a DL329 form. That form is required by the California DMV to change the gender on your drivers license.

Hopefully this will help someone avoid the mistake I made.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Lauren5 on August 05, 2014, 08:38:23 PM
Quote from: tgchar21 on August 05, 2014, 10:25:52 AM
States are not required to amend a BC to begin with even if a court order from another state says they must (otherwise those born in states that won't change the gender on BCs could get around that by moving to another state if they already don't live in one and getting a court order that says the gender must be changed).
Michigan won't grant a legal change of gender without surgery, so I'm not concerned about that. I've only done the name change in Michigan, as doing it in California would require me to move back there for a year before changing my name. The legal gender change is just rolled into the part for California, since I was born there, I need to change the birth certificate with them. The lady at the circuit court desk said the court order would tell California to seal the old one and make a new one, but that conflicts with the form, and what the pamplet says. Note, there's no option to have the one for gender reassignment mailed to you, since it's the same form, it just says "to amend a record" on the title.
Quote from: tgchar21 on August 05, 2014, 10:32:00 AM
I found the two separate forms - here's (http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/GenderReassignmentPAMPHLET-(01-14)-MERGED.pdf) the one you use for transgender-related changes (and here's (http://www.cdph.ca.gov/certlic/birthdeathmar/Documents/CourtOrderNameChangePAMPHLET-(01-14)-MERGED.pdf) the one you probably saw for general name changes - if you read each of them you'll notice the differences in how they handle the old BC).
The second one is VS23, the first is VS24. I have VS24. Note the grey box on the sample form, it conflicts the information in the pamphlet. Also, you can't download them, you must have them mailed to you, which took several weeks to get to me uop in the middle of podunk nowhere UP. I know I got the right one, otherwise why bother with it, since I may find myself back in California in 3 months or so.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Dee Marshall on August 06, 2014, 08:06:48 AM
Quote from: Lauren5 on August 05, 2014, 08:38:23 PM
Michigan won't grant a legal change of gender without surgery, so I'm not concerned about that....

I looked into that a bit as I was born in Wayne County. The law was written vaguely and, according to the opinions I saw requires only that you be in "treatment" with a doctor, not specifying what the treatment is. Worth a second look  for you?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: tgchar21 on August 06, 2014, 09:38:05 AM
Lauren, that "grey box" applies to most amendments, but the pamphlet overrides that for gender-change-related reasons (that part of the form is the same general boilerplate as for other kinds of amendments and it appears they didn't re-print a different version). Another case where you'll see that the instructions in the pamphlet take precedence over the general form is where the form says two signatures are required, but the pamphlet clearly says that for gender-change-related amendments you don't need a second signature. (If you're still in doubt feel free to contact them.)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Lauren5 on August 06, 2014, 05:15:36 PM
Quote from: Dee Walker on August 06, 2014, 08:06:48 AMI looked into that a bit as I was born in Wayne County. The law was written vaguely and, according to the opinions I saw requires only that you be in "treatment" with a doctor, not specifying what the treatment is. Worth a second look  for you?
Born in Kern County, in California. Michigan can't do anything, they wanted to see a new birth certificate before changing anything.
Quote from: tgchar21 on August 06, 2014, 09:38:05 AMLauren, that "grey box" applies to most amendments, but the pamphlet overrides that for gender-change-related reasons (that part of the form is the same general boilerplate as for other kinds of amendments and it appears they didn't re-print a different version). Another case where you'll see that the instructions in the pamphlet take precedence over the general form is where the form says two signatures are required, but the pamphlet clearly says that for gender-change-related amendments you don't need a second signature. (If you're still in doubt feel free to contact them.)
It's terribly confusing. As it seems with anything concerned with legal matters. I don't want to have to pay a lawyer to help me figure it out.
I'd email them if they had an email, but I only saw phone numbers. On top of my voice being horrid over the phone, I have terrible phone anxiety as well. Calling on the phone is rarely an option. I may find myself in California in 3 months or so for a job I'm looking at (that would put me in either New York, San Francisco, or LA) so if something goes wrong I can just go in then.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 08, 2014, 02:55:29 PM
An update: After getting my fee waiver denied I went to my court today to make an appeal. It turns out you wait till everyone leaves because it is a private case. Funny how your financial income is considered a private matter but when you change your name and gender you don't get that privacy. Which one can get you killed or abused if disclosed? It sure isn't being poor.The judge was incredibly nice and after I had refilled out the fee waiver in detail. Making sure to show that all my parents income goes  towards basic needs and I have no income he granted my fee waiver! There's no way I could have paid $450! My court date for my official name change is in a few days! I am so excited and he told me that he would allow it to be in private like today's court session was. For anyone considering not going to your court date ask for it to be private. I wasn't originally going to go to court but now I am since you get your court order copies within a few minutes after your case is finished. Now I won't have to wait for them in the mail. I will be able to go to my high school and change my records before it starts and not have to worry about being outed by attendance anymore. I am also going to file a legal gender change now that I know I can have a private court session instead of waiting months for the California Department of Vital Statistics and paying over $50 for their process. I didn't know that with the CDVS your gender may not be recognized in all states even though your birth certificate is changed. As well as it taking months for them to process and send your new birth certificate. Hope everyone is doing well I am so excited to have everything legally changed!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on August 09, 2014, 02:49:28 PM
I filed my name change and my court date is coming up. Am I suppose to get something in the mail saying my waiver was approved or not?

Edit - Just reviewed my copies of the waiver and it looks like the clerk had already approved it.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: judithlynn on August 10, 2014, 12:54:24 AM
Hi Eva;
Congratulations on filing your papers and coming out at work. I am so happy for you after all your worries.
Thinking of you lots
Hugs
Judith
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 10, 2014, 02:25:47 AM
Quote from: Autumn on August 09, 2014, 02:49:28 PM
I filed my name change and my court date is coming up. Am I suppose to get something in the mail saying my waiver was approved or not?

Edit - Just reviewed my copies of the waiver and it looks like the clerk had already approved it.

Yay Autumn I'm so glad you have your court date coming up I hope it goes great for you! Yes the clerk might have forgot to tell you that a notice comes in the mail saying whether or not it was approved. A judge is the one who looks at them and signs them off as approved or denied. Once they do that a notice gets sent out to you. If your fee waiver were to be denied you have to either pay or provide more information to ther judge in a court session. I had to do that because I didn't know they base it off of your household income. I refilled out the waiver in detail to provide more information for the judge. If you are not employed but in school it helps to put student as your career on the fee waiver if your unemployed.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on August 13, 2014, 12:32:35 AM
Why is it recommended that you change your birth certificate before you change your ID? I saw that all you need is a court order to change your name on your ID and to change the gender you only need to get your physician to sign a document that pretty much says you're living full time. I really want to change my ID as soon as I get my court ordered name change.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on August 13, 2014, 01:47:05 PM
Quote from: Autumn on August 13, 2014, 12:32:35 AM
Why is it recommended that you change your birth certificate before you change your ID? I saw that all you need is a court order to change your name on your ID and to change the gender you only need to get your physician to sign a document that pretty much says you're living full time. I really want to change my ID as soon as I get my court ordered name change.

You don't really I think I might have said that but if I did I was wrong :X You're right, court order + dr's note is all you need :) Same for social security!  I was really happy to find that out, I'll probably just do everything at about the same time after getting my court order.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 13, 2014, 08:27:10 PM
Update: I went to court and my name change was granted I am so happy! When I got out of court I filed my legal gender change.  That day I went to my school to have my records changed. Today was the first day of school and it was so great having my name being called on the attendance for the first time in my life. Since I haven't gotten an ID or Social Security Card yet I am going to apply for a neew birth certificate to obtain those documents.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: flowers on August 16, 2014, 09:52:29 PM
Hi all,

Is there a resource or guide similar to the step by step Civil Case Cover Sheet instructions on the TLC website for the other documents?
I don't think I have easy access to law advice in my area, hoping there are some foolproof instructions out there for an idiot like me..   :icon_bunch:
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on August 20, 2014, 12:52:53 PM
Got my court ordered name change granted! I ended up having to go to the hearing. Had to inform the judge about AB1121 when he asked why I didn't publish it in the paper. I guess the judge could require it if they find it necessary? He said it didn't matter to him and granted it lol.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 22, 2014, 07:18:51 PM
Yay Autumn Im so happy for you I had to inform the judge about AB 1121 too. Flowers: here you go http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on August 23, 2014, 10:27:05 PM
Quote from: riotgrrrl on August 13, 2014, 08:27:10 PM
Update: I went to court and my name change was granted I am so happy! When I got out of court I filed my legal gender change.  That day I went to my school to have my records changed. Today was the first day of school and it was so great having my name being called on the attendance for the first time in my life. Since I haven't gotten an ID or Social Security Card yet I am going to apply for a neew birth certificate to obtain those documents.

Congrats!!! OMG I'm so happy for you!!! XD three weeks to for me still :( I swear that rude clerk gave me the latest court date she could find lol I think i'm going to have to probably inform the judge about AB1121 too though I could get lucky who knows i got my wavier granted after all. 
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on August 23, 2014, 10:30:19 PM
Quote from: Autumn on August 20, 2014, 12:52:53 PM
Got my court ordered name change granted! I ended up having to go to the hearing. Had to inform the judge about AB1121 when he asked why I didn't publish it in the paper. I guess the judge could require it if they find it necessary? He said it didn't matter to him and granted it lol.

I don't think the judge can do that :( Like require it - I'm going to bring the full text of the law i'm praying I get a nice judge.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on August 28, 2014, 03:04:19 PM
Quote from: Kristina77 on August 23, 2014, 10:27:05 PM
Congrats!!! OMG I'm so happy for you!!! XD three weeks to for me still :( I swear that rude clerk gave me the latest court date she could find lol I think i'm going to have to probably inform the judge about AB1121 too though I could get lucky who knows i got my wavier granted after all.

Thank you so much n_n<3. My court date is coming up in September and time is flying by. It sucks having to wait a month just to go to court after filing papers. Just make sure to bring a copy of the law just in case. I'm so glad your fee waiver was granted, I made sure to fill the form out correctly the second time. Thus I got my fee waiver granted for the court order changing my gender. Good luck!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Autumn on August 28, 2014, 09:21:23 PM
Quote from: riotgrrrl on August 22, 2014, 07:18:51 PM
Yay Autumn Im so happy for you I had to inform the judge about AB 1121 too. Flowers: here you go http://transgenderlawcenter.org/issues/id/changing-legal-identity-documents-in-california
Thanks! Got my Social Security done, just waiting for that in the mail. Also went to the DMV yesterday and got that filed. Pretty sure my license is going to come back male though. I forgot to initial one part of the form  :(
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on September 01, 2014, 04:33:12 AM
Quote from: riotgrrrl on August 28, 2014, 03:04:19 PM
 

Thank you so much n_n<3. My court date is coming up in September and time is flying by. It sucks having to wait a month just to go to court after filing papers. Just make sure to bring a copy of the law just in case. I'm so glad your fee waiver was granted, I made sure to fill the form out correctly the second time. Thus I got my fee waiver granted for the court order changing my gender. Good luck!

no probz! :) Yup 2 more weeks for me it feels like the last 2 months have taken foreeeeevveeeer to pass X_x When's ur court date? Let us all know how it goes! Yeah I for sure am bringing a full copy of the law and everything so I don't hit any snags! Best of luck to you too! ^o^
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Lauren5 on September 02, 2014, 01:52:45 PM
Coming back to see this; my doctor refuses to fill out NC-210\310 because she read on the CDPH website that surgical treatment. I'm pretty sure this is wrong, anyone have any solution to this?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Khalysta on September 04, 2014, 04:26:27 PM
So I just got a call from the judge who is seeing my case tomorrow, saying I need to publish.  I don't think these judges understand what gender Identity is.  Has anyone who is on hormones and not had srs had any problems?
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on September 16, 2014, 12:17:52 PM
Quote from: Khalysta on September 04, 2014, 04:26:27 PM
So I just got a call from the judge who is seeing my case tomorrow, saying I need to publish.  I don't think these judges understand what gender Identity is.  Has anyone who is on hormones and not had srs had any problems?

Funny you should mention.  If you look back up in the thread I pointed out that when I filed my petition, the clerks gave me a huge amount of trouble for not publishing, but I stuck to my guns and told them I didn't have to publish.  I ended up having to attend a 'mini' hearing of sorts where I just waited in line at the window, and the judge signed off no problems, not even a mention of the newspaper publishing!! So am I know officially my correct name XD

Lucky you though, I still have all the windows open on my laptop for documents I took just in case the judge was combative.  If I were you I would attend the hearing, and print out the following:

NC-100 form.  It says on page 2 that newspaper publishing IS NOT required for gender identity.  This is codified in law in California Civil Code Section 1277(a)(5).  Here is the full text of that section, I've bolded the pertinent points.

-----------------------------------------------------------------------------------------
1277.  (a) (1) If a proceeding for a change of name is commenced by
the filing of a petition, except as provided in subdivisions (b),
(c), and (e), the court shall thereupon make an order reciting the
filing of the petition, the name of the person by whom it is filed,
and the name proposed. The order shall direct all persons interested
in the matter to appear before the court at a time and place
specified, which shall be not less than six nor more than 12 weeks
from the time of making the order, unless the court orders a
different time, to show cause why the application for change of name
should not be granted. The order shall direct all persons interested
in the matter to make known any objection that they may have to the
granting of the petition for change of name by filing a written
objection, which includes the reasons for the objection, with the
court at least two court days before the matter is scheduled to be
heard and by appearing in court at the hearing to show cause why the
petition for change of name should not be granted. The order shall
state that, if no written objection is timely filed, the court may
grant the petition without a hearing. If the petition seeks to
conform the petitioner's name to his or her gender identity and no
objection is timely filed, the court shall grant the petition without
a hearing.
   (2) A copy of the order to show cause shall be published pursuant
to Section 6064 of the Government Code in a newspaper of general
circulation to be designated in the order published in the county. If
no newspaper of general circulation is published in the county, a
copy of the order to show cause shall be posted by the clerk of the
court in three of the most public places in the county in which the
court is located, for a like period. Proof shall be made to the
satisfaction of the court of this publication or posting, at the time
of the hearing of the application.
   (3) Four weekly publications shall be sufficient publication of
the order to show cause. If the order is published in a daily
newspaper, publication once a week for four successive weeks shall be
sufficient.
   (4) If a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy of
the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40, the
court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that publication
of the order to show cause pursuant to this subdivision is
sufficient notice to the nonconsenting parent.
   (5) If the petition for a change of name is sought in order to
conform the petitioner's name to his or her gender identity, the
action for a change of name is exempt from the requirement for
publication of the order to show cause under this subdivision.

   (b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title
1 of the Government Code, the action for a change of name is exempt
from the requirement for publication of the order to show cause under
subdivision (a), and the petition and the order of the court shall,
in lieu of reciting the proposed name, indicate that the proposed
name is confidential and will be on file with the Secretary of State
pursuant to the provisions of the address confidentiality program.
   (2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:
   (A) To avoid domestic violence, as defined in Section 6211 of the
Family Code.
   (B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.
   (C) The petitioner is, or is filing on behalf of, a victim of
sexual assault, as defined in Section 1036.2 of the Evidence Code.
   (3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court's calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code, or by
any means or in any public forum, including a hardcopy or an
electronic copy, or any other type of public media or display.
   (4) Notwithstanding paragraph (3), the court may, at the request
of the petitioner, issue an order reciting the name of the petitioner
at the time of the filing of the petition and the new legal name of
the petitioner as a result of the court's granting of the petition.

--------------------------------------------------------------------


If the judge is still combative at your hearing, then ask for a continuance to be issued so that you can secure legal representation.  Then contact the good people at the transgender law center http://transgenderlawcenter.org/ (http://transgenderlawcenter.org/). They can give you legal representation, they were the organization that lobbied for the passage of AB1121 to not have to publish name change in the newspaper for transgender individuals.  You should not answer any questions about any surgeries, hormone treatments, or any thing else pertaining to your gender if you filed an NC-100 for name change only.  You do not have to even be on hormones to change your name to suit your self proclaimed gender identity.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on September 16, 2014, 08:17:25 PM
Quote from: Lauren5 on September 02, 2014, 01:52:45 PM
Coming back to see this; my doctor refuses to fill out NC-210\310 because she read on the CDPH website that surgical treatment. I'm pretty sure this is wrong, anyone have any solution to this?

Do you mean your doctor thought surgical treatment was required? That has not been the case for a long time now. You can get a court ordered gender change if you have undergone clinically appropriate treatment. This includes hormones and not just surgery.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on September 16, 2014, 08:27:37 PM
Quote from: Kristina77 on September 01, 2014, 04:33:12 AM
no probz! :) Yup 2 more weeks for me it feels like the last 2 months have taken foreeeeevveeeer to pass X_x When's ur court date? Let us all know how it goes! Yeah I for sure am bringing a full copy of the law and everything so I don't hit any snags! Best of luck to you too! ^o^

Hey Kristina sorry for the late reply! My court date is a little less than a week away! I am so excited now that I can be done with going to court and apply for the birth certificate I wish I have always had. Next step after I get my new birth certificate is applying for a social security card as I have never had one before.  As well as changing the information on my social security record. After that I can get my first CA ID and Drivers License as well as passport and job! Its meant to be how I'm adopted and had to change my birth certificate and social security record anyways.  It is under the name my birth mother gave me which is so sureal to me.  I'm so glad that everything is moving along nicely now that I turned 18 and medically started my transition. My social transition started at age 12 when my dysphoria was too overhwelming to not deal with. 
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on September 16, 2014, 09:30:11 PM
Quote from: riotgrrrl on September 16, 2014, 08:27:37 PM

Hey Kristina sorry for the late reply! My court date is a little less than a week away! I am so excited now that I can be done with going to court and apply for the birth certificate I wish I have always had. Next step after I get my new birth certificate is applying for a social security card as I have never had one before.  As well as changing the information on my social security record. After that I can get my first CA ID and Drivers License as well as passport and job! Its meant to be how I'm adopted and had to change my birth certificate and social security record anyways.  It is under the name my birth mother gave me which is so sureal to me.  I'm so glad that everything is moving along nicely now that I turned 18 and medically started my transition. My social transition started at age 12 when my dysphoria was too overhwelming to not deal with.

It's chill don't worry about it! :) Good luck with your court date!! I'm sure it'll go totally smoothly, but I know how you feel.  I just went to my hearing today and I feel such an overwhelming sense of relief and joy XD The judge signed it without question or mention of the newspaper publication and was super nice even saying she was excited for me!

I'm so happy for you 18 is such a great time to be changing all this stuff because yeah, you were going to have to do it anyways. I remember having to do all that junk (Social Security, DL, Birth Cert, etc.) when I turned 18 as my mom had lost my birth cert and social security card lol  From here on out no one has even right or reason to call us by our 'birth names' :D I really wish I'd have started younger, I too started having dysphoria really strongly at 12, but that was back in the late 90's and no psychologist diagnosed me as transgender sadly no matter what I told them :( That said tho hormones hit me really well when I started them almost a year ago at 28 and I've been passing/full time for over 9 months now XD so no complaints!

I still really envy girls like you though who started earlier, I feel like I missed out on so much by being afraid to take the plunge all those years. Life's been so much easier and happier now, we all deserve congrats for having the courage to be ourselves :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on September 19, 2014, 11:32:00 PM
Thank you it is coming up within the week. Luckily I got the same wonderful judge who granted my name change request.  I am so glad your hearing was successful yayyy!  Yeah this whole thing is just so meant to be and very validating that this is my true path. I agree NO ONE has that right anymore! Funny thing is I envy the girls like Jazz who started the hormone blockers before they ever had to experience the distress of testosterone and a male puberty.  The 90's were not a great time to be trans and they still aren't now and may never be. At least now the Healthcare industry is stepping its game up and giving us the treatment we need to survive. I am so glad you have had a successful transition so far. I could not imagine waiting so long, waiting till 18 feels like forever. I look back and wish I could get back all the time I've lost, too, but I know I have a lifetime ahead of me to make up for that. Passing is something that I am so grateful for it makes life at least a little easier. I agree life has been so much easier and happier now, and we all DO deserve congrats for having the courage to be ourselves. It is so validating to have a shared experience with another trans woman I have never had this truly happen before.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Kristina77 on September 20, 2014, 03:48:10 AM
Quote from: riotgrrrl on September 19, 2014, 11:32:00 PM
Thank you it is coming up within the week. Luckily I got the same wonderful judge who granted my name change request.  I am so glad your hearing was successful yayyy!  Yeah this whole thing is just so meant to be and very validating that this is my true path. I agree NO ONE has that right anymore! Funny thing is I envy the girls like Jazz who started the hormone blockers before they ever had to experience the distress of testosterone and a male puberty.  The 90's were not a great time to be trans and they still aren't now and may never be. At least now the Healthcare industry is stepping its game up and giving us the treatment we need to survive. I am so glad you have had a successful transition so far. I could not imagine waiting so long, waiting till 18 feels like forever. I look back and wish I could get back all the time I've lost, too, but I know I have a lifetime ahead of me to make up for that. Passing is something that I am so grateful for it makes life at least a little easier. I agree life has been so much easier and happier now, and we all DO deserve congrats for having the courage to be ourselves. It is so validating to have a shared experience with another trans woman I have never had this truly happen before.

Aw yay!! I see so u did the name & gender thing seperate? I totally know how you feel so much of me holding back before and being afraid of this or that was really foolish of me considering how everything's turned out so far :) lol I guess we girls will always find sumone to be envious of it's just our way XD So glad to hear too that you've had a really great transistion I'm so happy for you! As far as the waiting thing goes it's really complicated I'll have to tell you sometime :D It was really, really hard tbh but those days are behind me now! Pm'ing u! :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on September 22, 2014, 10:01:42 PM
Quote from: Kristina77 on September 20, 2014, 03:48:10 AM
Aw yay!! I see so u did the name & gender thing seperate? I totally know how you feel so much of me holding back before and being afraid of this or that was really foolish of me considering how everything's turned out so far :) lol I guess we girls will always find sumone to be envious of it's just our way XD So glad to hear too that you've had a really great transistion I'm so happy for you! As far as the waiting thing goes it's really complicated I'll have to tell you sometime :D It was really, really hard tbh but those days are behind me now! Pm'ing u! :)

Yeah I was initially going to do the gender change on my birth certificate through AB 1121, but I realized a court order is way more secure. It is LEGALLY changed, and that is important to me. I agree with you about the whole envy part. We are all just trying to be who we are. Thank you and I'm happy for you too! Yes you must share your story. I'm so glad you made it through the hard times. I pm'ed you too n_n!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on September 22, 2014, 10:08:15 PM
UPDATE: I went to court and had my court ordered gender change granted! I asked the deputy if I could have a private hearing and he said he would tell the judge :). I had to wait till everyone had their session and then it was my turn. I was a little nervous as I had gotten a different judge and the one I had before was so nice. The judge asked me to state my name, told me all of my paperwork was in order including the doctor's declaration, and then said I grant you the petition with a smile. I was so relieved, I had a copy of the revisions they made to the gender change application process in 2012. I was surprised it is that recent, and since the other judge didn't know about AB 1121 I wanted to play it safe. When I returned to school I let the Registrar know I had my paperwork. Alot of the staff who knew about my name change were happy for me saying it's finally all done. Now I'm glad I can get a proper birth certificate, my first social security card, job, CA ID, and passport. Yayy! To all those who are concerned about finances I have no source of income and disabled parents. The fees were $450 each and I got them waived by filling out a fee waiver. It will work out for you, don't let money get in your way of a new beginning!
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: HexenPixi on November 20, 2014, 11:27:35 AM
I thought I'd share my experience.
Like Riotgrrrl, I dealt with the same situation with the clerk ignoring me when I attempted to inform her that the new law doesn't require me to publish my name change in the newspaper. She actually told me the opposite of what the law says (that I only don't need to publish if I'm seeking both). So I guess the Santa Monica Courthouse is as misinformed as the Riverside Court.

I paid my fee and immediately contacted the Transgender Law Center. I speak to a legal representative from there and he confirmed with me that the publishing of the name change is no longer required and gave me a form to take with me to the courthouse.

My court date is tomorrow and it seems that they are also not on board with the fact that if no one contests my name change petition, I do not actually have to go to my hearing. According to the clerk I called today, "this judge requires everyone to show regardless of any new law, and if you don't show, your petition will be dismissed." I didn't even get as far as finding out if my petition was contested or not.

Worse case scenario, I'll go to my hearing tomorrow and bring with me the print out, because I have the funny feeling this "friendly" judge will tell me I had to have published my petition in the newspaper 4 weeks prior; though it specifies on form NC 100 the complete opposite.

You would think the courts would be immediately informed about new changes and make it easier for people to just get past this juncture in their lives.

C'est la vie
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on November 20, 2014, 06:53:50 PM
It's frustrating to hear you had to go through the same thing. Sometimes it is just better to ask for a supervisor and let them know there needs to be some education going on.  I'm glad the TLC was able to help you out I contacted them but received no response so I took things into my own hands finding out as much information as possible.  I hope your court session is successful. Asking  the bailiff to have a private hearing when you give them the paper slip they have you fill out.  It relieved so much fear, anxiety, and stress for me to know I won't have to out myself up there in front of everyone and deal with possible consequences.  Bringing the official changes to the court system via their document is an extra security measure.   Here it is: http://www.courts.ca.gov/documents/W12-03.pdf   
The clerk doesn't know  or doesn't want to know what they are doing so don't rely on them for information that turns out to be disinformation. It will work out be positive it's hard but all these crazy legal processes are worth it :). You only have to change your name and gender once and it stays with you forever, unless you wanted to change it again.  The courts care about money fortunately some individuals within  the judicial system care about our rights.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: ErinS on November 20, 2014, 10:49:57 PM
Am I understanding correctly that you need to reside in CA for 1 year before changing your name/gender?  :-\

ETA: I found a cite online that there is no length of residency requirement, so I dunno. I'd MUCH rather change name and gender in CA versus Mississippi.  :(
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Eva Marie on November 21, 2014, 01:43:51 AM
I am so sorry that you girls are having trouble with uninformed court personnel. I had my name and gender change done in Ventura county and it was absolutely painless, other than the clerk taking a bunch of time going over my paperwork with a fine toothed comb while pulling out manuals to reference when I was there to file the paperwork. She did say that "the procedure recently changed and I want to be sure" so I just bided my time and waited and everything turned out to be acceptable.

Court day was a total non event. I was first up and the judge asked me if I had any questions, and then he asked me if I had anything to add, and then he said that my paperwork seemed to be in order (thanks Kristina77!) and he signed the paperwork and then I was legally a female with a new name. I was prepared and had brought a copy of AB 1121 with me just in case but I didn't have to pull it out.

I felt kind of irritated that my $435 had only bought me about 30 seconds of court time  :laugh:
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on November 22, 2014, 03:34:17 PM
I had trouble and am glad to have overcome it and get all my legal changes done :). You were lucky to have an informed non biased court clerk who knows how to do their job.  Your court session is exactly how mine went except I asked to have it in private for my safety. I'm glad I got my fees waived its crazy expensive.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on November 22, 2014, 03:36:01 PM
Quote from: ErinS on November 20, 2014, 10:49:57 PM
Am I understanding correctly that you need to reside in CA for 1 year before changing your name/gender?  :-\

ETA: I found a cite online that there is no length of residency requirement, so I dunno. I'd MUCH rather change name and gender in CA versus Mississippi.  :(

Wow your going to move to CA just to change your name and gender? That's a huge deal Mississippi needs to get their act together. I love your profile pic btw Lana is amazing<3
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: ErinS on November 22, 2014, 04:23:52 PM
Quote from: riotgrrrl on November 22, 2014, 03:36:01 PM


Wow your going to move to CA just to change your name and gender? That's a huge deal Mississippi needs to get their act together. I love your profile pic btw Lana is amazing<3

Lol no, I'm moving to CA regardless, whether or not I ditch my DL and get a CA ID immediately is going to depend on if I have to wait a year or not. I'd much rather do it in CA versus MS, I've had property in both states so it's really up to where ever it is easier.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Allyda on November 23, 2014, 12:38:13 AM
First I'd like to wish all of you girls the very best of luck in dealing with the courts, etc., in getting your name and gender marker changed.

As for me, Because I was born intersex my biological Mom gave me a name/s that is/are gender neutral so for now I'm okay there as I'm happy going by my first middle name Allyda. However eventually I do plan to switch Allyda and my first name Phoenix around so Allyda is my first name and Phoenix my second. As for my gender markers they've all been changed on all my documents including my Drivers License and Social Security and even the IRS(there's no escaping them, lol!). Actually though it was a bit time consuming here in Florida it wasn't that hard. For my gender marker a letter from my Endo containing sworn statements I'm undergoing hrt for gender reassignment was basically all it took, tho I did have to get him to write it twice due to the first one not having all the proper information on it. It took me about two months to get my gender marker corrected on all documents.

I myself am moving back to California but not for my middle and first name switcharoo, I'm moving back  because it's home. In light of that I thank you all for letting us know about how things work back home now, so I can be prepared. I don't know how since I'm basically keeping my names, just switching them around, how much court involvement it may take. I guess I'll find out after my SRS and I get moved back home.

Ally :icon_flower:
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: HexenPixi on November 24, 2014, 12:50:26 PM
Phew, so my name change was a success!
Here is what happened:
I argued with the judge's clerk for like 1/2 hr and he told me to call back in 2hrs because he was going to try and go over the new law with him. So I called him again, and he asked me if I knew the civil code for AB 1121, and I couldn't find it. He said the Santa Monica Courthouse got a revised name change instruction packet which did mention the portion about if no one contests 2 days prior, the judge "may" approve, but their judge refuses to do that, and everyone has to come to their hearing.
So I took time off of work and went to my hearing. I had to remind the clerk AGAIN that I did not need my newspaper publishing of my  name change. But after pointing to section 7 on NC-100, the clerk said I was fine.
So, the judge approved my name change; didn't even ask my reason for changing it, and I picked up my decree copies.

So, the Santa Monica Courthouse will know proper protocol now. :)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: riotgrrrl on November 24, 2014, 06:22:58 PM
Yay I'm so happy for you thank you for standing up for your rights and not backing down. Your profile pic is amazing BTW  I love your hair. You helped others out who are in our same situation, and that's worth the hassle so is having your name officially recognized.
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: HexenPixi on November 25, 2014, 11:25:15 AM
Quote from: riotgrrrl on November 24, 2014, 06:22:58 PM
Yay I'm so happy for you thank you for standing up for your rights and not backing down. Your profile pic is amazing BTW  I love your hair. You helped others out who are in our same situation, and that's worth the hassle so is having your name officially recognized.

Thank you, that means a lot to me. I really do hope that those who utilize that court now won't have so much trouble :)
And thanks also for the compliments on my hair too ^.^
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Allyda on November 25, 2014, 03:43:46 PM
Quote from: HexenPixi on November 24, 2014, 12:50:26 PM
Phew, so my name change was a success!
Here is what happened:
I argued with the judge's clerk for like 1/2 hr and he told me to call back in 2hrs because he was going to try and go over the new law with him. So I called him again, and he asked me if I knew the civil code for AB 1121, and I couldn't find it. He said the Santa Monica Courthouse got a revised name change instruction packet which did mention the portion about if no one contests 2 days prior, the judge "may" approve, but their judge refuses to do that, and everyone has to come to their hearing.
So I took time off of work and went to my hearing. I had to remind the clerk AGAIN that I did not need my newspaper publishing of my  name change. But after pointing to section 7 on NC-100, the clerk said I was fine.
So, the judge approved my name change; didn't even ask my reason for changing it, and I picked up my decree copies.

So, the Santa Monica Courthouse will know proper protocol now. :)
I'm very happy to hear you got your name changed. I myself have found the above to be so true many times. It seems public officials are so ignoramt to TG issues we ourselves have to help them out as you did above with the Judge and court clerk. I ran into the same thing at my local SSA office when changing my gender marker there. I literally had to walk the clerk helping me through the law.

In any case, congratulations! :icon_bunch:

Ally ;)
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: HexenPixi on November 25, 2014, 04:37:50 PM
Quote from: Allyda on November 25, 2014, 03:43:46 PM
I'm very happy to hear you got your name changed. I myself have found the above to be so true many times. It seems public officials are so ignoramt to TG issues we ourselves have to help them out as you did above with the Judge and court clerk. I ran into the same thing at my local SSA office when changing my gender marker there. I literally had to walk the clerk helping me through the law.

In any case, congratulations! :icon_bunch:

Ally ;)


Yes this exactly! A training/dialogue really needs to happen with state officials.
Congrats to you as well for getting the stamp changed ^_^ 
Title: Re: California AB 1121 second phase for easier name/gender change ~ in effect yet?
Post by: Allyda on November 25, 2014, 11:13:02 PM
Quote from: HexenPixi on November 25, 2014, 04:37:50 PM
Yes this exactly! A training/dialogue really needs to happen with state officials.
Congrats to you as well for getting the stamp changed ^_^
Agreed^^___^^, very much so. Even at the DMV The person who helped me had to look up the law regarding gender change on my license. So tho it took a little longer but once she finally found it I had it done. This was back in March of this year. I tell you all it is so so nice to be able to show my ID with pride instead of shame. I'm sure some of y'all know the feeling.

Ally :icon_flower: