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. Simply check the box for the gender marker that you want. Its up to you how to move forward, and you can ask an attorney for more help. Citizenship and Immigration Services, http://texasnameandgendermarkerchange.com/index.php?title=Texas_Name_and_Gender_Marker_Change&oldid=250, About Texas Name And Gender Marker Change, Letter from your physician (general practitioner, endocrinologist, GCS surgeon, etc.) You will need to bring at least one of the following as proof of identity: If you do not have one of the above documents and cannot get one within 10 days, you may use one of the following documents that includes either your photo or your date of birth: NOTE: immigrants who qualify for a social security card and minors have different proof of identity requirements. The National Center for Transgender Equality has an ID Documents Center, with information about updating IDs from all over the U.S. 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. You can upload or send a copy of your court order to meet the documentation requirement. The jury wheel is only updated once per year, so you may receive a summons under your old name if youre called before the wheel gets updated. In Texas, you usually need a court order to change your name or gender marker. Are there surgery requirements for a gender marker change? I did so and informed the receptionist that I needed to have a birth certificate re-issued. Texas Vital Statistics [1]: There are sometimes Assistant Attorneys General in the room during uncontested docket, who work for Ken Paxton. Copyright by the Texas State Law Library. How do I change or correct my name on my Social Security number card? 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. You can have just your name changed, just your gender marker changed, or both your name and gender marker changed at the same time. How do I update my information with the Social Security Administration? be in good condition (only normal wear and tear), have been issued when you were 16 or older, and. (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. 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. If you have a felony conviction, there are restrictions. If youre also changing your name, you will most likely need to get a court order anyway, so it might be easier and faster for you to get a court order for both name and gender marker change simultaneously. If you get Medicare or Medicaid, then the gender marker listed on your insurance may be changed when you update Social Security. Box 12040 Note that all in-person workshops had been cancelled due to the coronavirus pandemic, so it is recommended that you contact HVL first to inquire as to whether any virtual workshops are scheduled. . Note that there is nothing prohibiting re-issue of a birth certificate reflecting only a name change, but there is nothing that permits it. Thats fine, because the court order is proof of your legal name and/or gender marker change. The Law Library (see above) will notarize your reviewed forms for free. The National Center for Transgender Equality has compiled instructions for changing the gender on common immigration documents. 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. If you are getting a passport for the first time and have already changed the other IDs you need to show in your passport application, you should be able to apply normally. However, sometimes insurance companies wont pay for care when they think your gender marker doesnt match with the services you received. You must tell DPS about a name change within 30 days. If you need more copies later, you can order more from the clerk. This checklist has information about changing your marker and name with the following: To change your voter registration, see theVote Texas website. NOTE: Texas DPS offices are offering appointments during COVID-19.You can find more information on the DPSwebsite. 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. 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. 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. If one "may" perform an act, it is permissive, which suggest that they "may" also file somewhere else. Texas Rio Grande Legal Aid's LGBTQ+ Civil Rights Project can provide assistance to transgender and nonbinary people anywhere in Texas who need a name and/or gender marker change. See the Transgender Legal Defense & Education FundsTrans Health Projectfor more information about health insurance. The court order is sometimes referred to as a golden ticket, because its required for most of these corrections. In the state of Texas, youre required to have a court order to correct state-issued identifying documents. How Do I Change My Gender on Social Security's Records? See the county-specific section for instructions specific to your county, if any. Getting a court order isnt a perfect guarantee that everyone will immediately update your information. See a list of acceptable IDs for proof of identityhere. . 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. 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). 192.011. A Statement of Inability to Afford Payment of Court Costs is a 2-page document that details your income expenses and asset information. This page provides an overview of Texas's laws relating to changes in identification documents. Austin Police Department provides fingerprinting for a nominal fee, but hours are very limited. If you are not able to pay, depending on your income, you can file to have the fee waived. In almost any other situation, you should be able to change your name or gender marker by using either a certified copy of your court order or an updated ID. It can be confusing to manage and coordinate so many different pieces of information, and if any information is inconsistent it may result in delays or problems receiving your student loans or financial aid. If your license is suspended or you are having issues with traffic tickets, you should contact an attorney. All the same, we want to draw as little attention to these proceedings as possible. Minors at least 10 years old must agree to their name change in writing. 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. Immigration DocumentsMilitary / Veteran RecordsConsular Birth Certificates, To obtain a legal name change in Texas, an applicant must submit a petition to the court. You should keep dated copies of any materials you submit by mail or electronically. You can then use your updated Certificate of Naturalization to apply to have your other Texas and U.S. IDs updated. Texas Law Trans Name and Gender Marker Project - The University of This means its up to individual judges to decide what proof they want to see. ReadUpdating Military Records: Name and Gender Marker Changesfor guidance on updating military and Selective Service records, with a focus on name and gender marker changes. The deed with the dead name on it, plus the court order, plus a photo ID, are sufficient to establish ownership. Health & Safety Code Ann. that completes or corrects information relating to the person's sex, color, or race."). It arrived to my apartment in Dallas exactly two weeks later. Start with this set of instructions, "What are the steps to change my gender marker? If youre a registered voter, you should be able to change your voter registration when you apply to change your Texas ID. Texas Vital Statistics will issue a new birth certificate with an updated gender markerupon receipt of a court order for change of sex. P.O. Many people go by a nickname, middle name, or chosen name. If you have questions about whether you can file for free, ask an attorney. 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. Thank you! Once you get a court order, you use it to have your IDs or other information changed. :) ), go to the Court Clerk's office and. This section says that if a birth certificate was amended with respect to sex, you can request a new birth certificate with the changes. (And if you feel you get a lot from the Facebook group, please do consider giving back by editing and updating this wiki's contents. So what to do if you run into this problem? This cookie is set by GDPR Cookie Consent plugin. What are the requirements for a simultaneous name and gender change in Texas? You should not need to change your name directly with the three credit reporting agencies (Experian, TransUnion, and Equifax). More information here: http://austintexas.gov/faq/where-do-i-get-my-fingerprints-done. Welcome to our one-stop hub for name and gender change information. However, they have not announced a specific date when an X gender marker will be available. Fill out two forms. Otherwise, talk to your direct manager or supervisor. It is apparently possible to have a birth certificate re-issued via mailed-in request, but it appears to be considerably easier to go to the VSU in person. Ask an attorney if you need help with documents outside of Texas. 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. 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. Because after you change your name or gender marker, you have more to do. Clinics are held once or twice a month in person or online. Designed for use in Travis County. You need to get a fingerprints card before going to court. Processing time for a regular application currently takes about 25-30 days, and expedited applications are processed first. ). For instructions on legal name changes for minors under 18, see NCTE's Name Changes for Minors in Texas resource. How to Legally Change Your Gender in Texas - Home - Her Lawyer The Form DS-11 is on the Department of State websitehere. Texas Law Library Travis County Name and Gender Change Steps and FormsTexas Law Library Travis County Gender Change Steps and Forms, Applying for an Updated Birth Certificate. If you need to update the gender marker ona TX driver's license/state ID or TX birth certificate, you will need a court order recognizingyour gender change as well as your name change. You will have to update your information with your educational institution, with FAFSA, and with your loan providers. Gender Marker petition does NOT have a filing fee. Step 1. fill out the forms, file the forms, get fingerprinted (for background check) and send it to Austin, and see the judge. The clerk may be able to mail you certified copies of your order, hold copies for you to pick up in person, or email you digital copies. 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. If youve had a passport but its now expired, you can apply for a new passport with your court order using the same instructions for updating a passport below. 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. 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/ Health & Safety Code 192.011(a) (West 2010) ("This section applies to an amending birth certificate . Join the Facebook group TexasNameAndGenderMarkerChange for the latest instructions, information, and to ask questions on changing name and gender marker in Texas. What if I want to update documents outside of Texas, like a birth certificate from a different state? Use this form to change the gender marker on your birth certificate with the Department of Vital Statistics. NOTE: Jury wheels in Texas are made up of two listsa list of registered voters and a list of U.S. citizens, 18 or older, who have a valid Texas drivers license or non-drivers ID. How to Get A Name and Gender Change in Texas THE DENTONITE You must file a Petition to Change the Sex/Gender Identifier of an Adult. In observance of Independence Day, Lone Star Legal, Friday, June 30, 2023 There are links to forms as well. This costs $10 more, but it makes sure that Vital Statistics will print a new birth certificate with the changes. This cookie is set by GDPR Cookie Consent plugin. If youre going to naturalize soon, you might not need to get a court order for name or gender marker change. Many entities and authorities issue these documents. Limited Validity Passport Model Physician's Letter for SSA and US Passport, Please take our patron satisfaction survey. The cookies is used to store the user consent for the cookies in the category "Necessary". Please note that these instructions are for Travis County as they have the most streamlined gender change process. Any licensed professionals (attorneys, medical providers, pharmacists, insurance agents, cosmetologists, etc.) The HR Department is a good place to start, if your employer has one and you feel comfortable speaking to them. You can watch the full discussion that transpired during Episode 5 of PRIDE without Prejudice below: TexasLawHelp.org is a valuable resource for legal information, which includes gender marker and name change guides that make the process simple to walk through. I was called back to a desk and spoke with a clerk who was extremely helpful and non-judgmental. Bring cash or check: there is an additional 3% charge ($301.79 total) if paid with a debit/credit card. What to change is name additionally gender marker in Texas, with steps to upgrade documents. Information & FAQs Texas Name and Gender Marker Change Guide Box. To change your name or gender marker, apply to replace or renew your ID. Box 12040Austin, TX 78711-2040, 1032 15th St NWSuite 199Washington D.C. 20005, 2023National Center for Transgender Equality, Texas Drivers License Policy & Procedures. 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. The Family Code (Tex Fam Code 45.101) says "An adult may file a petition requesting a change of name in the county of the adult's place of residence." If you want to change both your name and gender marker, you can do both at once. Legal Aid (income and residency requirements). Once youve changed your name and gender marker, you should be able to renew your passport as normal once it expires, without extra proof like a court order. The applicant must be fingerprinted. However, USCIS will take letters from a variety of healthcare professionals including, licensed counselors, nurse practitioners, physician assistants, psychologists, social workers, and therapists. Department of State Health Services Please contact me (Jessica Jones) if you have questions or need advice. The court process is transparent, so the purpose of these questions is to confirm that the information in these documents is true and correct. You should contact an attorney if youre worried that one or both of your parents, guardians, or conservators wont support your name or gender marker change. 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. Texas; If you live in a state not listed above, it may have an unclear, unknown, or unwritten policy regarding gender marker changes. The judge will review the documents you filed and ask you basic questions about these documents. You must file a Petition to Change the Name of an Adult. One may have the birth certificate either amended or re-issued. who need to know how to change name and/or gender marker, in Texas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. Tex. 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. This kit provides instructions and self-help forms to change your sex/gender identifier. Hours: We are open Monday through Friday, 8 a.m. - 5 p.m. With most courts closed due to COVID-19, many are conducting hearings via video conferencing like Zoom or WebEx. Find more information and a fee schedule on the Department of Statewebsite. Contact your local court or other government offices for more details. If your 2-year passport has expired, you can apply for a regular passport using Form DS-11 under the instructions above. P.O. Name changes are filed in state district court. This leaves you with 3 basic options: Each state and each ID has its own rules. COVID-19 disruptions: Due to the ongoing COVID-19 pandemic, many courts and government offices have made significant changes to their operating procedures. An expedited request costs $42, plus the cost of expedited mailing. Some agencies, like the Department of Statefor passports, will only accept a letter from a doctor. If youve had or plan to have gender-affirming surgery, you can ask an attorney about drafting custom gender marker change court documents that specifically mention the surgery. See a list of acceptable IDs for proof of citizenship or immigration statushere. This page has step-by-step instructions on things someone should do when they get married and change their name. 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. - and- Final Order to Change the Name and Sex /Gender Identifier of an Adult. Step 1: Complete an application for amendment of birth record. Information about changing specific IDs is below. You must then apply to have each one of your IDs and all your information updated. The Trans Name and Gender Marker Project is a student-led internal project of the Richard and Ginni Mithoff Pro Bono Program in partnership with OUTLaw. You will keep your same Social Security number and record. See the Criminal History section, above. There may be some IDs you cant update, or you may not want to update some of your IDs because you dont really use them, they cost too much, its too difficult, or some other reason. Austin, TX 78711-2040, Expedited requests must be sent by overnight mail, such as FedEx, LoneStar, or UPS (NOT USPS) to: have been issued within the last 15 years. You should change your name and gender marker with the Social Security Administration (SSA) first, because many government agencies will check your name and gender with Social Security. How to prepare to change your gender marker. The judge may askWhy do you want to change your name, orWhat do you want to change your name to?. name also, use the gender marker with name change forms. Go to district court and file petition. It's recommended that you call ahead of time to verify. What proof do I need to get a name or gender marker change court order? The credit reporting agencies will continue to list your old name as long as they continue to receive reports from your creditors under your old name. The forms also have instructions for filing your case and getting your court order. This designation is traced back to your birth certificate. 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? It also includes details about updating important documents after your name and gender have been legally changed. Both parents or guardians will need to file as co-petitioners on behalf of their child, making sure they are both in agreement. Registered sex offenders must notify local law enforcement of the proposed name change. Banks, Creditors, and Financial Institutions, Updating Military Records: Name and Gender Marker Changes, Digital strategy, design, and development by, Texas Legal Services Center Medical-Legal Partnerships, Drivers License Recovery and Court Debt Relief Project, Travis County Law Library Reference Attorney, Instructions and forms for adult name change, Instructions and forms for minor name change, Travis County Law Library and Self-Help Center website, forms section of the Social Security Administration website. Step 3: Apply for a new social security card. You cannot ask for a change to your Texas birth certificate in person. . How to change your name and gender marker in Texas, with steps to update documents. However, most legal name changes in Texas (outside of changing your last name during marriage or divorce) require a court order. Keep a copy of your court order to prove youre the same person listed on mismatched IDs. The National Center for Transgender Equality. However, your name change cannot be denied simply because of your gender identity. Laura Kelly's administration said Thursday they would continue to allow gender marker changes on birth certificates or driver's licenses. Use Form 130-U, which comes with detailed instructions labeled VTR-130-UIF. TexasLawHelp.orgis managed by Texas Legal Services Center, a 501(c)(3) nonprofit organization. After dealing with this frustrating process, I hope this in some way makes you feel you are not alone in this. You can find forms for only gender marker change from the Travis County Law Library on theirwebsite. USCIS will take any one of the following as proof of gender marker change: However, some immigration workers dont know about gender marker changes. The content of this Website is for informational purposes only. Rule #1 be polite to everyone in the courthouse without exception. Name change filing fee in Travis County is $293 if paid in cash. Harris County Robert W. Hainsworth Law Library, 1019 Congress Street, 1st Floor, Houston, Texas 77002. You can find forms for onlyname change of a minoron TexasLawHelp.org. There is additional in the DSHS' list of Frequently Asked Questions (FAQs). It is hard to change a deed in Texas, although you may not need to change yours. Some judges may not grant gender marker changes at all. Name & Gender Marker Changes - Guides at Texas State Law Library The court process is transparent, so the purpose of these questions is to confirm that the information in these documents is true and correct. You can find more information on theSSAs website. Austin, TX 78756. Texas Vital Statistics has a list of acceptable IDshere. Older cases in Dallas and Houston have denied gender marker changes on appeal. A fee schedule may be found on the Vital Statisticswebsite. According to the Transgender Law Center's State-by-State Overview: Rules for Changing Gender Markers on Birth Certificates: Even though the law does not say exactly how to change the gender marker on your birth certificate,we have compiled information below to guide you through the process. This cookie is set by GDPR Cookie Consent plugin. As with Social Security, if the front desk worker doesnt know about gender marker changes, you can ask to speak to a supervisor or manager. Your health insurance should provide the same coverage regardless of your gender marker. Those eligible can file a Statement of Inability to Afford Payment of Court Costs along with their documentation. 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. You must submit your most recent passport with your application, and the passport must: If your passport doesnt meet those three conditions, youll have to apply for a new passport normally using Form DS-11 under the instructions above. To help individuals navigate through this complicated and emotional process, the Texas Legal Services Center has prepared the Texas Name and Gender Marker Change Guide. The National Center for Transgender Equality has a thorough resource with information on Social Security for transgender people. Social Security will mail original documents back to you if you apply by mail, but it is recommended you complete this step in-person so that you do not have to go without an ID. Refusing to use your chosen name and pronouns or to update your educational records may violate federal laws like Title IX and FERPA. The documents you will e-file for a gender marker change include personal information like current gender, contact information, date of birth, social security number, the correct gender identifier, and your reason for wanting the correction. You MUST send your documents by USPS to the address listed on Form DS-5504. The application Form VS-170 can be foundhere. 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'. That way, you should be able to change all IDs whether they list your gender marker as Sex or Gender. You would be able to change your name during your naturalization and could change your gender marker using a letter from a licensed health care professional instead. Many states let you change the gender marker on your birth certificate without a court order. RM 10212.200 Changing Numident Data for Reasons other than Name Change, DSHS' list of Frequently Asked Questions (FAQs), uploaded to the Facebook group Texas Name and Gender Marker Change, Department of Homeland Security's U.S. The Vital Statistics Unit (VSU) of the Texas Department of State Health Services (DSHS) maintains birth certificates and any amendment/re-issue requests go through that unit. Criminal records are required for individuals with a felony conviction; however, theymay change their name if more than two years have passed since the end of the sentence and if not under probation or parole, or if the individual has been pardoned. Acceptable documents for proof of name change: Acceptable documents for proof of gender marker change: Mail or take all necessary documents in-person to your nearest local SSA office.
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