NAME and GENDER CHANGE
So, you want to change your name and/or your gender. Fortunately New York has a very simple process for name changes and sex changes.
The process begins when you file a petition with your county’s Supreme Court or NYC Civil Court.
The petition asks for your basic information, current name, address, new name.
For the Name Change you will need to pay $210 to file the petition in Supreme Court or a $65 fee in Civil Court. There is a fee waiver program if you cannot afford this.
You will need your birth certificate
Some hurdles to the name change would be if you were convicted of a crime, filed for bankruptcy, have judgements or liens against you, owe child support, alimony, or are a part of an action or proceeding. These hurdles can be overcome, but it takes a little more work. The court is very concerned that you are not changing your name for the purpose of escaping some liability, like a debt, a law suit, or a crime. They will look at the total picture you present and decide if a name change is something you might be likely to take advantage of to avoid child support, for example.
New York is a self-determination state, meaning that you can change your gender without a medical diagnosis or supporting documentation.
If you were born in New York State, you can petition for a change of your sex identity marker at the same time as your name. The petition asks for all the same information for the name change, plus the documents that you wish to have changed, i.e. birth certificate, driver license, etc. There is an optional section for you to enter the reason you want to change your sex. There is no other requirement. No medical certifications. No need for HRT or surgery or medical diagnosis. There is no fee associated with the sex marker change.
We recently advised someone on their name and sex change. They were able to do it themselves. We gave them some phone support to prepare the forms and they went to Riverhead on their own with the forms and required proofs and filing fees and they were able to get their name and sex changed while they waited.
You can also apply directly to the NYS or NYC Dept of Health to correct your gender marker on your birth certificate.
New York cannot change a birth certificate from another state. If you are a NYS resident you can get the court order to change your NY documents and can have the gender identity in New York, but it cannot change your out-of-state birth certificate.
The department of Motor Vehicles allows a gender marker of “X”. You can change your gender marker for your NYS Driver License or non-driver ID online on the DMV site.
Social Security cards do not contain a gender marker, but you can change you gender ID with social security with simple self-attestation. In other words, you don’t need any other paperwork, court orders, or doctor’s letters. If you aren’t changing your name, you can continue to use the same card.
A name change requires proof of your identity, proof of US Citizenship and basis for your name change, marriage or divorce certificate, court order or naturalization certificate with your new name. Social Security offices are in Riverhead, Patchogue and Mineola. Also in Jamaica, Brooklyn Heights, William St. in Manhattan, the Concourse neighborhood of the Bronx, and the Bloomfield area of Staten Island.
All of these can be done without an attorney, but if you don’t feel confident, we are happy to help.