Changing your name and gender markers in Texas involves several steps. What proof do I need to get a name or gender marker change court order? If you need it as proof of citizenship (such as when you apply for a Texas drivers license or a job) you can use a U.S. Passport instead, which is easier to update with the correct gender markersee U.S. Passport section, below. If you have questions about where you can or should file, ask an attorney. who need to know how to change name and/or gender marker, in Texas. You can ask for a name change when you apply to naturalize, and then when you take your citizenship oath with a judge, the judge can legally change your name at the same time. Trans Legal Aid Clinic of Houston holds virtual clinics on the third Thursday and Saturday of every odd-numbered month to match you with volunteers across the state. In addition to proof of identity, you will need to bring at least one document for proof of name change and proof of gender marker change. This means you might get asked inappropriate, invasive, or rude questions, or you might be asked for more evidence of gender marker change than you need to give. Generally, to qualify for legal aid, your income must be below 125% of the Federal Poverty Line, which looks at your household income and the number of people that live with you. What is required in Texas for a gender marker change? Texas Name and Gender Marker Change Guide. It has been pointed out that this is not necessary. Legally, you can file your petition for name/gender marker change in any Texas county, not just the county of your current residence, but some judges may misread the statute to require petition be filed in the county of residence. In this case, the previous "owner" of title and the new "owner" is the same person, so it's much less likely that there will be any legal issues. Free. Click on the "instructions and forms" tab in this guide for changing each of the following: Read the law about name changes inTexas Family Code, Chapter 45. Again, forms from the Travis County Law Library are for Travis County and should not be used anywhere else. Like with adult gender marker changes, there is no Texas law that says what proof you need to change a minors gender marker. Changing name and gender marker in a different county from one's county of residence, Information specific to each Texas county, Info here has not been updated in a long time! To change the name of a minor, a caregiver having a legal relationship to the minor, meaning the parents, guardians, or conservators, must file a Petition to Change the Name of a Child. You can locate your nearest passport acceptance facilityhere. Although name changes are commonplace and can be completed with no or few complications, transgender individuals looking to update their gender marker and change their name may face some additional hurdles. An important step in changing your identifying documents to accurately reflect your gender is to geta court order. Gender Marker and Name Change Resources in Texas June 10, 2020 In commemoration of National Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month, we want to remind you of some resources that might help members of our LBGTQ community. TLSC provides free legal services to underserved Texans in need of education, advice, and representation. A court will likely have to decide on a case-by-case basis what to do. Updating employment documents and records will depend on your employer. Petition to Change the Name and Sex/Gender Identifier of an Adult. They are not for sale. For proof of gender marker change you may use: You may also need to bring proof of citizenship or immigration status and proof of identity. If needed, you may point out thegender marker change policyon the Social Security websitein the Program Operations Manual System (POMS) RM 10212.200 Changing Numident Data for Reasons other than Name Change. Immigration DocumentsMilitary / Veteran RecordsConsular Birth Certificates, To obtain a legal name change in Texas, an applicant must submit a petition to the court. However, your name change cannot be denied simply because of your gender identity. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. If the person telling you that you can't file the name change is in the clerks office, VERY POLITELY ASK they that accept your filing and allow you to present your request the judge to consider your petition. A gender marker, sometimes called a sex marker or sex designator, is a designation on an identifying document or in a database as male (M), female (F), or some other option like X, nonbinary, or undisclosed. AFAIK, the only way to change one's name on a property deed, short of actually selling one's property back to oneself, is to file a "quit claim deed" with the County Tax Collector office (e.g. You can find moreinformation and forms for a name changeon TexasLawHelp.org. If you feel you have been wrongly denied a gender marker change, contact an attorney. If youre younger than 26, you may want to look at the Selective Service information below. Courts charge filing fees when you file a new petition, which often cost about $300 for a name or gender marker change. If you only changed your name and you live in the same county, you can change your information online atVoter Name and Address Changes. You can try to include a note with the paperwork and a copy of your updated driver's license, but a call or online message to the office to correct the "sex" field may be required. The application Form VS-170 can be foundhere. Use this form to change the gender marker on your birth certificate with the Department of Vital Statistics. You do not have to submit any other forms or provide any other proof. Texas Name and Gender Marker Change If you change your name and gender marker while enrolled in higher education, it may take additional work. Texas Crime Victims Legal Assistance Network, Legal Aid for Survivors of Sexual Assault. Austin Pride - educating, resourcing, and connecting the LGBTQ community in Austin Austin Black Pride - works to educate, celebrate, and empower LGBTQ people of color Texas Name and Gender Marker Change - a public repository of information on how to change one's name and gender marker in Texas. Fam. After your petition is granted (why wouldn't it be? After dealing with this frustrating process, I hope this in some way makes you feel you are not alone in this. You should keep a copy of your court order in case you need to prove that you are the person listed in the deed. How to Get A Name and Gender Change in Texas THE DENTONITE Immigrants may ask to have their gender marker changed on USCIS-issued documents such as Employment Authorization Documents, Refugee Travel Documents, Permanent Resident Cards, and Certificates of Citizenship or Naturalization. Yes. To get this golden ticket, you must file a petition with the court. One of these resources is law library community partner, Houston Volunteer Lawyers (HVL). Bay Area Legal Aid Name and Gender Marker Change Clinic Are you seeking a name and/or gender marker court order to conform with your gender identity? Yes. The National Center for Transgender Equality. MC 2096 See the Criminal History section, above. Sometimes insurance companies wont pay for care when they think your gender marker doesnt match with the services you received. See a list of acceptable IDs for proof of identityhere. However, please note that the gender marker change forms are from Travis County and may not be accepted in every county. P.O. Step 1: Complete an application for amendment of birth record. Updating educational records is a decision made on a school-by-school basis. If you get Medicare or Medicaid, then the gender marker listed on your insurance may be changed when you update Social Security. June 26 - Foreclosure Prevent. Health & Safety Code 192.011(a) (West 2010) ("This section applies to an amending birth certificate . A Statement of Inability to Afford Payment of Court Costs is a 2-page document that details your income expenses and asset information. There is no specific order by which to change your driver's license and your Social Security information. How do I update my information with the Social Security Administration? What are the requirements for a simultaneous name and gender change in Texas? You should use the standard form for requesting the desired document. If your birth certificate is from one of these states, you may not need a court order for a gender marker change. This legal research guide provides information on legal issues relevant to the LGBT community. We also use third-party cookies that help us analyze and understand how you use this website. 11:00AM - 12:00PM Registered sex offenders must notify local law enforcement of the proposed name change. Can I change my gender marker or name in Texas as a minor? The proof the court requires to file for gender marker or name change in Texas can vary by a judge. The Texas Department of Public Safety says on itswebsitethat you need an updated birth certificate or a court order to change the gender marker on your drivers license. With most courts closed due to COVID-19, many are conducting hearings via video conferencing like Zoom or WebEx. If you are also changing your gender/sex, you can have it re-issued (see below). an ID that matches your current appearance, a passport photo that matches your current appearance. However, it can take weeks or months for a state to change your birth certificate. Get fingerprinted and get fingerprint card. The National Center for Transgender Equality also has a document center that outlines how to update your documents issued by any agency. You must file a Petition to Change the Sex/Gender Identifier of an Adult. Information on venue, friendly/hostile judges, etc. Otherwise, talk to your direct manager or supervisor. Just be confident and very clear, and there should not be any problems. You can try to apply with the standard forms available from the Travis County Law Library, but theres no guarantee the other state will change your birth certificate. If youre worried about being able to afford the fee, you can file a Statement of Inability to Afford Payment (known as a Paupers Oath or Affidavit for Declaration of Indigency) asking the court to let you file for free. The content of this Website is for informational purposes only. The LTC photo will be updated with your new driver's license photo, so there is no need to submit a new one. Other states ask for less proof than a court order, like a simple doctors letter. This legal aid clinic is based in Houston and offers name and gender marker corrections assistance. The information and forms available on this website are free. P.O. You can make these changes either Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. There are services around Austin that will verify your identity (you need to bring ID), fingerprint you, and give you a fingerprint card to take to court. More information here: http://austintexas.gov/faq/where-do-i-get-my-fingerprints-done. If one "may" perform an act, it is permissive, which suggest that they "may" also file somewhere else. If the worker at the Social Security Office doesnt know about gender marker change, ask to speak to a manager or supervisor. This leaves you with 3 basic options: Each state and each ID has its own rules. If a judge denies your name change, you should contact an attorney. Most of the AAGs are there for child support cases, not political hires in one of the divisions likely to cause issues. PDF What are the steps to change my name AND sex/gender marker in Travis Some state laws require proof of surgery to change the gender marker on a birth certificate. Find out how toupdate your name and gender on state and federal IDs and records. Necessary cookies are absolutely essential for the website to function properly. You can also ask for a name change on your USCIS documents. If you want to change your identifier and your name, there are separate instructions and forms for that. HVL offers a Gender Affirmation Workshop to assist individuals with preparing the necessary forms to obtain a court order to update ones gender marker and effectuate a name change. A replacement costs about $11, and it will not update your expiration date. Applicants must inform DPS of a legal name change within 30 days of the name change. Texas Legal Services Center Medical-Legal Partnerships:Patients of TLSC partner organizations (Kind Clinic and Peoples Community Clinic) should ask your provider for a referral. Regularly processed requests are sent by USPS to: Texas Vital Statistics You will also need to file 1 (one) letter from a doctor or therapist that briefly states why the correction to your gender identifier is appropriate, based on treatment for transition related care. If you want to change both your name and gender marker, you can do both at once. It is not a substitute for the advice of an attorney. The Form DS-11 is on the Department of State websitehere. You cannot ask for a change to your Texas birth certificate in person. COVID-19 disruptions: Due to the ongoing COVID-19 pandemic, many courts and government offices have made significant changes to their operating procedures. You can read more on the Department of States website here. You can also ask an attorney for advice or more help. Copies of this court order are called certified copies, and theyre issued by the clerk of the court. What is required in Texas for getting only a name change? Texas Name and Gender Marker Change - Texas Name And Gender Marker Change name also, use the gender marker with name change forms. [1]: The SSA FAQs are here: "Help Topics" / "Social Security Number and Card" / "General Questions" section of the SSA FAQs. PDF What are the steps to change my gender marker? (Travis County) If minors are concerned that one of both of their caregivers may not agree to a name or gender marker change, they may choose to wait until age 18 when they can ask for their own name or gender marker change as an adult. In Texas, you usually need a court order to change your name or gender marker. If you wait until after youve graduated or finished, then you should only have to update your name and gender marker with your loan providers. Bring cash or check: there is an additional 3% charge ($301.79 total) if paid with a debit/credit card. Fingerprint card. Step 3: Apply to replace/renew/change your drivers license or ID. The Department of State previously issued 2-year limited-validity passport to applicants whose doctor specified they were in the process of getting appropriate clinical treatment. You should work with your provider or contact your plan to try to fix the denial. Gender Marker and Name Change Resources in Texas - Harris County Law Rule #1 be polite to everyone in the courthouse without exception. PRIDE without Prejudice is our virtual outreach series aimed at providing legal information and resources to the LGBTQIA+ community and their allies. You can call the court to ask about Covid-safety requirements, or visit the courts website for a live stream. (Travis County), attorneys will assist with understanding the forms and explaining what information goes in which blanks, need to do one fingerprint card each time, Travis County does not require a background check, some judges may misread the statute to require petition be filed in the county of residence, http://austintexas.gov/faq/where-do-i-get-my-fingerprints-done. Fill out the survey on that page to indicate your interest in future name and gender marker workshops. This cookie is set by GDPR Cookie Consent plugin. 1.) You will keep your same Social Security number and record. If you have a limited passport for this reason, and its still valid, you can use the sameForm DS-5504to ask for a full-validity passport. Box 12040Austin, TX 78711-2040, 1032 15th St NWSuite 199Washington D.C. 20005, 2023National Center for Transgender Equality, Texas Drivers License Policy & Procedures. The Social Security Administration (SSA) has a specific procedure for changing your name and gender. You can find more Information on theVital Statistics website. If you did not file a fee waiver, certified copies usually cost just a couple of dollars ($1 to $2 certification fee, and $1 to $2 per page). This may cause delays in the processing of your name or gender marker change requests as a result. Tex. A fee schedule may be found on the Vital Statisticswebsite. How many certified copies of the petition should I get? Project Details Address 727 E. Dean Keeton Street, Austin, TX 78705 Website http://www.law.utexas.edu/probono/projects/special-projects/trans-legal-name-gender-marker-project/ Limited Validity Passport Texas Vital Statistics Pre-screening is required, and interested applicants are requested to submit a completed Gender Marker Questionnaire, the HVL application, and a copy of a photo identification. The guide provides legal information about court orders for name and gender marker changes and applications to update your personal information with governmental agencies, such as the Social Security Administration, Texas Department of Public Safety, and U.S. Toll Free - (800) 733-8394 Find your nearest office using the Social Security Office Locator. Texas Law Trans Name and Gender Marker Project - The University of You can then use your updated Certificate of Naturalization to apply to have your other Texas and U.S. IDs updated. Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Find more information and a fee schedule on the Department of Statewebsite. Any licensed professionals (attorneys, medical providers, pharmacists, insurance agents, cosmetologists, etc.) The official clinic hours are M-F, 10am-12pm. These instructions are to change your gender and sex identifier on Texas state records only. If you have questions about whether you can file for free, ask an attorney. In our fifth episode of PRIDE without Prejudice, LSLA staff attorneys Brittany Hightower and Pete Makopoulos-Senftleber (Board President of. It is not necessary to file any additional letters, but this is up to you. 2002-2023 Lone Star Legal Aid. There is not an "official" form to ask the court for an order changing yourgender marker, but Texas attorneys have developed sample forms you may be able to use. Ask an attorney if you need help with documents outside of Texas. While it may not be required by the court, letters from friends who know you in your current gender role may help support your petition. You can find more information about their work during COVID-19 on their website. Both can be found in the Forms section of the DMV website. Social media: Facebook, Instagram, Twitter, etc. If your 2-year passport has expired, you can apply for a regular passport using Form DS-11 under the instructions above. If you decide to change your name or gender marker again, youll need to follow the instructions above to update your passport again, instead of renewing it. The court order will not automatically update your information everywhere. If you only changed your name and not your gender marker, the process for updating a passport can be different. Texas Name and Gender Marker Change Guide | Texas Law Help | Guides Here are some helpful links on the SSA website: Information on changing name/gender on passport is here. If you are not able to pay, depending on your income, you can file to have the fee waived. However, you can update your IDs in whatever order youd like. You will use the court order to correct your drivers license, birth certificate, social security card, bank account information, and health insurance. This cookie is set by GDPR Cookie Consent plugin. . No publication is required. You will need to have received a certificate of discharge by the Texas Department of Criminal Justice or completed a court-ordered community service form stating youve completed juvenile probation, at least two years before filing for your gender marker or name change. How do I update my gender marker on a U.S. passport? The applicant must be fingerprinted. They will ensure everything is correct. Use TexasLawHelp's Legal Help Directory tool to find a legal aid organization that serves your area. Note that there is nothing prohibiting re-issue of a birth certificate reflecting only a name change, but there is nothing that permits it. So what to do if you run into this problem? To apply for an updated birth certificate, the applicant should submit to the Vital Records office: Send the application materials to the following address: DSHS Vital Statistics SectionP.O. Getting a court order does not automatically change your name or gender marker. 45.101 to 45.106). Department of State Health Services Many entities and authorities issue these documents. You can submit your documents through the courts e-filing system, and should hear back within a few weeks or months once the judge has had time to review and either approve or deny your request. For related information, see our LGBT Law guide. The court order changing the legal name may be the same court order certifying the gender change. 2002-2023 Lone Star Legal Aid. A renewal costs about $33 and will update your expiration date. Changing Personal Information: Name and Gender Marker That way they can get a larger share. This might give you a better chance of getting your birth certificate changed. In your petition, you will have to disclose your criminal history. Harris County Robert W. Hainsworth Law Library, 1019 Congress Street, 1st Floor, Houston, Texas 77002. The cookie is used to store the user consent for the cookies in the category "Analytics". To change the name on a Texas driver's license or state ID, the applicant must submit a document demonstrating the name change, such as a birth certificateor court order. You should ask anyone has named you in their will to discuss with their attorney whether they should have their will updated. The National Center for Transgender Equality has a thorough resource with information on Social Security for transgender people. Gender Marker and Name Changes for Trans and Gender Nonconforming You must tell DPS about a name change within 30 days. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Bringing your court orders for name & gender marker change is sufficient to get your driver's license updated at any DMV. Video: An Introduction to Transgender People, Understanding Transgender People: The Basics, reach out for support if you are distressed, Texas Law Library Gender Identifier and Name Guide, National Transgender Discrimination Survey, Certified copy of the court order forchange of sex and/or name. This project from Pride Center San Antonio assists transgender and gender-nonconforming individuals with gender marker and name changes on identifying documents. Texas - | National Center for Transgender Equality whose name is changed by court order, may request that the state registrar attach an amendment showing the change to the person's original birth record."). This guide explains how to change your name and change your gender marker in Texas. Obtaining a Court Order for Gender ChangeTexas does not have a specific gender change provision in statute, and therefore some counties and judges are averse to issuing the necessary court orders. Info here has not been updated in a long time! You may be able to use court orders from another state, but please note that the order must specify 'sex change', the vital records officewill not accept 'gender change'. The judge will review the documents you filed and ask you basic questions about these documents. Clickherefor a sample letter for use in Travis County. Some counties might make you get a full background check as well. However, sometimes insurance companies wont pay for care when they think your gender marker doesnt match with the services you received. You can find the form on in the forms section of the Social Security Administration website. You can change your gender marker on some federal documents and out-of-state IDs without a court order, typically by using a doctors letter or other proof. NOTE: Social Security offices are still mostly closed to the public due to the COVID-19 pandemic, however they are offering appointments for some in-person services. The court order and driver's license with my new name and gender marker were sufficient to change the name of my accounts and credit cards etc. A court order granting change of sex or gender; A government-issued document that has the gender youre asking for on your immigration documents. Some people have been able to change the gender marker on their Texas drivers license or non-drivers ID by using updated out-of-state IDs, or even based on their appearance. How do I update my Texas drivers license? In observance of Independence Day, Lone Star Legal, Friday, June 30, 2023 There are myriad other documents that might require amending, too. TexasLawHelp.org has compiled answers to common questions about changing your gender marker and/or name. A regularly processed request costs $37, plus the cost of mailing. How to prepare to change your gender marker. That way, you only have to pay once for things like court fees and changing your IDs. If youre going to naturalize soon, you might not need to get a court order for name or gender marker change. If one caregiver agrees but the other does not, the caregiver who does not agree must be told about the name change and will be given the chance to fight against the minors name change in court. NOTE: Vital Statistics has previously refused to change birth certificates based on an order for Gender Identifier Change, because gender on Texas birth certificates is listed as Sex. This is why the forms in this guide are for Sex/Gender Identifier Change. Some judges may require multiple letters, proof of certain treatment, like surgery, or treatment for a certain length of time. Follow the. For instructions on legal name changes for minors under 18, see NCTE's Name Changes for Minors in Texas resource. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. The court will require a letter from your doctor who has treated you as part of your transition.