Transgender Name Changes
There are many reasons why a transgender person may want to change his or her name. From an emotional standpoint, a name change reflecting your gender can be a significant part of expressing your true identity. From a practical standpoint, a name or appearance inconsistent with what appears on identification documents, such as drivers' licenses or passports, may cause practical problems, including difficulties in travel or employment. It also may cause embarrassment or even harassment.
The good news is that, in most states, people can legally change their name without much effort. Some states simply require that you submit a name-change form, be fingerprinted, pay a fee and have the name change published in a local newspaper. Other states require that you petition the court for a name change.
And still other states, such as California and Maryland, recognize a common-law name change, or a new name that you simply adopt in all situations for the time specified under your state's law. These kinds of changes do not require any official documentation. You should know, however, that simply adopting a new name is not the equivalent of an official name change sanctioned by the courts and may be challenged when you try to do things like acquire a new passport.
To find out the requirements in your state, contact the county clerk's office.
What the state will look for
The state's primary concern in evaluating a name-change request is that the applicant not be attempting to commit fraud to keep creditors from finding them. For example:
In a 1998 case, In the Matter of Robert Henry McIntyre, the Pennsylvania Supreme Court overturned a lower court ruling that the plaintiff, a male-to-female transgender person, could not legally change her name to Katherine Marie McIntyre until she had undergone sex-reassignment surgery. The court held that "the primary purpose of the Judicial Change of Name Statute ... is to prohibit fraud by those attempting to avoid financial obligations ... we find that there is no public interest being protected by the denial of appellant's name change petition. The details surrounding appellant's quest for sex-reassignment surgery are not a matter of governmental concern." 715 A.2d 400 (Pa. 1998).
Likewise, in 1991, the New Jersey Superior Court in The Matter of Eck reversed a lower court and held that sex-reassignment surgery is largely irrelevant to a name change. The more pressing consideration, the judges stated, is whether the change is motivated by fraud or improper purpose. The court also noted that "we perceive that the judge was concerned about a male assuming a female identity in mannerism and dress. That is an accomplished fact in this case, a matter which is of no concern to the judiciary, and which has no bearing upon the outcome of a simple name change application." 584 A.2d 859 (N.J. Super. 1991).
Tips
If you are attempting to change your name and are unsure about how to do so, or are encountering difficulty, you are advised to seek legal
counsel in your state.
Important note:
Please keep in mind that the information provided by HRC is intended for educational purposes only and may or may not be valid in your state. We strongly recommend that you consult a local attorney with experience in transgender issues. It is also important that you understand that the information provided here in no way constitutes, and should not be relied upon, as legal advice.