2016.06.17 Baltimore Pride, Baltimore, MD USA 6761 by Ted Eytan from Flickr (Creative Commons License)
This information
applies to individuals who are female-to-male (FTM) and male-to-female (MTF)
transgender. It does not apply to people who are non-binary.
Legally changing your gender on your records in Arizona is a
straightforward process. Unlike legally
changing your name, you are not required to go to court.
Physician’s Letter
To legally change your gender, you need a letter from a
physician. It must be of their office letterhead and include that you are “irrevocably
committed” to changing your gender and that you have received “appropriate
clinical treatment.” A lawyer who assists people with legal gender changes
likely has a template letter you can use.
Please note: this letter must come from a licensed
physician. Getting a letter from a physician’s assistant, nurse, therapist, or social
worker will not work.
Update Your Social
Security Records
Once you get the letter from your physician, take it (along with
the court order from your name change if you’re doing that too) to your local
Social Security Office. You’ll need to complete Form SS-5, which you can get in advance.
You’ll also need to bring your current driver’s license or ID card. Mark the gender
you’re transitioning to on the form. (Your social security card doesn’t have
your gender office, but it’s part of your social security record.)
Update Your Driver’s
License
A few days after you change your social security records, go
to the MVD to update your driver’s license. (Go a real MVD, not a third-party satellite
office.) Bring your physician’s letter and current driver’s license. Tell the
clerk you’re there to update your driver’s license, and they’ll give you the
appropriate form. Mark the box for the gender you’re transitioning to. You’ll
have to take a new photo and pay
$12 to get your new license or ID card.
Update or Get a New
Passport
Arizona will not change your birth certificate to reflect
your correct gender. Since a birth certificate is required to obtain a U.S.
Passport, you can generally use your passport in situations where a birth certificate
is required. You will have to apply in person and complete Form DS-11. Bring your
physician’s letter and your updated license or ID with you.
Keep the original physician’s letter to present at each
office and in case you need it to change any additional records with your
correct gender.
You can legally change your name and gender at the same time by obtaining a physician’s letter and going through the process to legally change your name through the court prior to updating your social security record, driver’s license, and other documents and records. If you need to legally change your name and gender, contact a lawyer to assist you with this process.
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“Iona Nunnery” by magmaangel from Flickr (Creative Commons License)
Legally
changing your name in Arizona is usually a fairly simple process. It takes a
petition to the court, a filing fee (currently $333 in Maricopa County), and a
court appearance. It’s a situation where you want a lawyer to prepare the
documents for you, but you don’t need a lawyer standing at your side in the
court room.
Requirements for a Name-Change Application
The
application to change your name must be submitted under your current legal
name. (I tell clients this is the last time they have to use their old name.) It
contains your current legal name, your new legal name, the reason for change, and
that you are not changing your name to avoid legal obligations. It’s about a
two-page document.
If
you are legally married, you need to have your spouse sign a notarized consent
to the name change or attend the hearing. If they refuse, you must submit proof
of notification to the court, similar to when a parent refuses to consent to a
child’s name change. (The court needs to know that you’re not changing your
name to skip out on your legal obligations to your spouse.) You lawyer can
prepare this document and may even have a notary on staff. Your spouse can also
waive the right to receive future notifications about this matter.
Along
with the application, you also need to draft the court order you want the judge
to sign granting you the name change.
Hearing for a Name Change
Once
you have your completed application and filing fee, you must file them with a
court that processes name changes. If time is of the essence, call the clerk at
each court house and ask how long it will take to get a hearing to find out
when you can get the earliest hearing date. You don’t show up and get your
hearing the same day.
Bring
the original of your application and at least two copies when you submit your
application and fee at the court house. You also need the civil court cover
sheet. When you submit your documents and payment at the clerk’s office, they
will give you your court date for the hearing to change your name.
Show
up on time for your court date at the courtroom assigned for your hearing with
your application, all necessary consents or affidavits of service, and multiple
copies of the court order you want the judge to sign. (Having multiple copies
of the order will make it easier for you to get your legal documents updated to
your new name.) The judge will likely go through the information on your
application: your new name, your desire for the change, etc. As long as you’re
not changing your name for nefarious reasons, the judge will likely sign the
order granting your name change.
Updating Your Documents with Your New Name
Once
you have the signed court order for your new name – Congrats! Your new name is your
official legal name. The next step is to update your legal documents – and the
order you do them in matters:
Social
Security Card
Birth
Certificate
Driver’s
License and Passport
Everything
Else: Bank accounts, credit cards, utilities, professional licenses, school
records, library card, etc. You have no idea how many documents and accounts
you have in your old name until you have to change them.
Name Change for a Minor
If
you’re under 18 and not emancipated, you need consent from a parent or guardian
(collectively “parent” for convenience) to legally change your name. The
parent(s) have to petition the court to change your name. You can’t do it
yourself. If you are 14 years old or older, you must sign a notarized consent
to the name change or attend the hearing. You lawyer can prepare this document
and may even have a notary on staff.
The
process for changing your name as a minor is the same as an adult except it’s
the parent(s) who submit the application on your behalf and attend the hearing.
As a minor, you may not be required to attend the hearing.
Last
year on Mother’s Day, I worked at a 1-day legal clinic at One n Ten to help
people prepare their documents who wanted to legally change their name and/or
their gender. I met with people of all ages, including a 12 year-old and a 13
year-old (with their parents). They wanted to change their names before
starting high school because the school wouldn’t acknowledge their chosen name
otherwise. The 12 year-old was really cute. I asked him what his new name would
be, and he told me his new name with the same last name as his birth name.
“You know you can pick any last name you want,” I said.
“Really?” The kid lit up with a smile.
“No,” his mother immediately responded sternly as she whipped her head around and looked down at her child. We all grinned.
If Both Parents Won’t be at the Hearing
If
both parents are not going to be present at the hearing, the non-attending
parent must sign a consent to the child’s name change and have it notarized.
Again, your lawyer can prepare this document for you. The parent can also waive
future notifications about this matter. This consent informs the court that
there is no dispute in the family regarding the child’s name.
If One Parent Opposes the Child’s Name Change
If one
parent is opposed to the child changing their legal name or refuses to be part
of the process, the parent who consents to the child’s name change is obligated
to notify them.
You
can hand deliver a stamped copy of your application (this is one reason why you
bring multiple copies to the clerk’s office) and the Notice of Hearing
Regarding Application for Change of Name that shows the date, time, and place
of your hearing and have them sign an “Acceptance of Service.” You can also
send the opposed parent a stamped copy of the application and a Notice via
certified mail (at least 30 days before the hearing date) and bring the proof
of delivery post card and a completed Affidavit of Service by Certified Mail to
the hearing.
The
parent who opposes the child’s name change has the right to appear at the
hearing and be heard before the judge decides whether to grant the name change.
If
the whereabouts of the other parent are unknown, there is a process to notify
the other parent by publication.
For most people, legally changing your name and updating your documents and accounts is a straight-forward process. If you are female-to-male or male-to-female transgender and need to change your gender as well as your name, you can take care of that at the same time with a physician’s letter.
Because of the complications like required consents, it’s best to have a lawyer draft the documents for you, inform you of the requirements that apply to your specific situation, and remind you about what you can expect during the process. If you’re interested in having me work on your name change, please send me an email. Otherwise, contact a lawyer in your community for assistance.
If
you liked this post and want to know more about my work, please subscribe to
the Carter Law Firm newsletter.
I share behind-the-scenes information and readers get exclusive access to me.
