Name And Gender Changes
Transgender Community Coalition Board Member Britney Turner is a certified Paralegal that can help file these forms for the petitioner upon request. We will go with you if you must have a court hearing for emotional support and advocacy.
California law treats Transgender persons differently than cisgender persons when it comes to name and gender changes with the understanding of the systemic and economic discrimination against Transgender people. Qualified applicants do not require the financial burden which often became a road block in their Transition. Subsequently, this prevented thousands of Transgender from employment, housing and increased violence and harassment against them.
California Civil Code 1278(2), “If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted. If the petition seeks to conform the petitioner’s name to his or her gender identity and no objection is timely filed, the court shall grant the petition without a hearing.” Sub.(b), “If the provisions of subdivision (b) of section 1277 apply, the court shall not disclose the proposed name unless the court finds violence, stalking, sexual assault, or gender identity in the petition are false.” California Civil Code 1277 (a)(1) states that you should have a hearing within six to twelve weeks. In addition at the bottom of this paragraph it states, “If the petition seeks to conform a petitioner’s name to his or her gender identity and no objection is timely files, the court shall grant the petition without a hearing.” Sub.(5), “If the petition for a change of name is sought in order to conform the petitioner’s name to his or her gender identity, the action for a change of name is exempt from the requirement for publication of the order to show cause under this subdivision.”
California law has carved out very unique exceptions to remove Systemic Discrimination and provide Transgender petitioners the tools they need to become authentic. Transgender petitioners are not required to appear unless there is a serious issue or there is a criminal record that could affect public safety, and these same petitioners do not have to place the change in publications like cisgender people.
Riverside County Superior Court has very unique forms that must be filed for the name and gender change, the courts website as of April 2, 2016 is not current with the new forms and standards.
HOW TO CHANGE YOUR NAME AND GENDER
1. You must be under a physician’s treatment for Gender Dysphoria.
2. There are two forms in which your physician will have to complete. The first form is known as a declaration, that must be completed by the physician. This form is called NC-210/NC-310 DECLARATION OF PHYSICIAN. Some Transgender petitioners have been harassed by the judge because the form requires the physician’s signature but nowhere does it require the physicians title like “MD” or “P.O”. Legally this is not required but, you may desire to do this to prevent potential frustration in the future. The SECOND form needed for the physician is for the California Department of Motor Vehicles name and gender change on the petitioners California Drivers License or Identification Card. This form is called Form 329 called Medical Certification and Authorization (Gender Change). The physician will have to not only complete the declaration but also complete this form for the petitioner to complete the process. In addition, the California Department of Motor Vehicles has its own form that must be signed by the physician prior to changing the California Drivers or Identification Card: https://www.dmv.ca.gov/portal/wcm/connect/683f91d7-5c27-4260-970e-c23139bb8e22/dl329.pdf?MOD=AJPERES
3. After receiving these documents the petitioner can complete the rest of the following forms, which are self explanatory.
4. If no one contests the name and gender change the Court will grant the change and will not require the petitioner to be present. The courts clerk will inform the petitioner that the judge ‘may’ require them to appear if there is a problem with the forms. If this occurs you can request a private hearing so that you are not OUTED in court. Do not waive your rights to HIPPA since Gender Dysphoria is a medical condition. If the petitioners 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 ‘two’ 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 addition color copies to mail in to update petitioners information for utilities, credit cards, titles, rental agreements etc.
The Transgender Community Coalition • www.transscc.org
We are a 501(c) (3) charitable organization