Transgender Health and Wellness Center - Name/Gender Change Resource Page

NAME/GENDER CHANGE For Trans/Non-binary

California law no longer has the roadblocks that previously prevented many transgender people from correcting their identity documents. Below are the

important parts of the law that you should be familiar with before starting the process of changing your name and/or gender-designation:

California Code of Civil Procedure 1277.5

Sub. (a)(1): If no objections are filed within six weeks of the filing of the petition “the court shall, without hearing, enter the order that the change of name is

granted.” Sub. (b): “The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement

for publication.” Sub. (c): “Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at

birth shall not constitute good cause.” This means that you will not be required to appear for a court hearing unless someone files a legitimate objection to

your name change, or there is some other complication with your petition (e.g. an undisclosed criminal record).

California Code of Civil Procedure 1277

Sub.(b), protects people seeking a name and/or gender marker change from having to make that information public. In order to qualify for those protections,

you need to meet the provided exceptions, which are: avoiding domestic violence, stalking, sexual assault, or human trafficking. See sub. (b)(2).

Sub.(5), permits any name and/or gender marker change applicant to request the Court seal the petition. In deciding whether to seal the petition, the Court

considers the following factors:

(A) There exists an overriding interest that overcomes the right of public access to the record.
(B) The overriding interest supports sealing the record.
(C) A substantial probability exists that the overriding interest will be prejudiced if the
record is not sealed.
(D) The proposed order to seal the records is narrowly tailored.
(E) No less restrictive means exist to achieve the overriding interest.

HOW TO OBTAIN A COURT ORDER CHANGING YOUR NAME AND GENDER:

1. Fill out the forms for a name and gender change, available on the California Courts’ website. These pages have more information: https://selfhelp.courts.ca.gov/name-change and https://selfhelp.courts.ca.gov/gender-recognition?rdeLocaleAttr=en

2. Make a copy of your completed forms.

3. File your forms with the superior court in the county where you live (e.g., Riverside County Superior Court).

4. If no one contests the name and gender change the court will grant the change and will not require the petitioner to appear for a hearing. The court’s clerk

will inform the petitioner that the judge ‘may’ require them to appear if there is a problem with the forms. If this occurs we encourage you to consult an

attorney to get guidance on how to respond. If you need help finding an LGBTQ-friendly attorney, you can contact the National Center for Lesbian Rights at 1-

800-528-6257 or info@NCLRights.org, or online at www.nclrights.org/GetHelp.

If the petitioner’s presence is not required, the court clerk will call the petitioner and inform them to pick up their name and gender change form called NC-

230 Decree Changing Name and Gender. The petitioner will receive 2 free certified copies—which can be used for changing documentation with the Social

Security Office, Department of Motor Vehicles, Passports, etc. It is important to get additional certified copies for updating petitioners’ information on utility

accounts, credit cards, titles, rental agreements, etc.