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Court order to recognize change of gender in California

This guide can help you:

  • Understand when you need a court order recognizing change of gender to update a gender marker or sex identifier
  • Ask for a court order recognizing your or your child's gender change
  • Find out where to update your gender marker or sex identifier on your IDs
     
    Ready to get started?

    The steps and forms you need to fill out vary depending on your situation. Answer a few questions to get the right set of instructions.

    Start the process

    In California, you can ask the court for an order recognizing your or your child's gender change. When you ask for the order, you can ask for a gender marker of female, male, or nonbinary. The process takes about two months.

      When you need a court order to update gender markers

      You may not need a court order to update a gender marker or sex identifier on identity documents. 

      California identity documents: You don't need a court order to update the marker or identifier on your

      • California Birth certificate
      • California Marriage certificate, if your spouse agrees
      • California driver's license

      Find out how to update identity documents from each government agency identity.

      Out-of-state birth certificates: You may need a court order

      Find out what the place that issued your birth certificate requires. The Transgender Law Center has a State-by-State Overview: Changing Gender Markers on Birth Certificates

      Federal identity documents: You don't need a court order 

      The Transgender Law Center has a Guide to changing identity documents with different federal agency requirements.

      You need a court order to change your name. 

      If you also want to change your name with the order recognizing your gender change, you will need to get a court order. You can ask for recognition of gender change and name change order at the same time. Or, you can just ask to change your name to match your gender identity.

      Steps to get a court order

      To start the process, you file forms with the court

      You pay a $435-$450 filing fee. If you can’t afford the fee, you can ask the court to waive it. 

      If you’re asking for a court order recognizing your child's gender, your child's other parent may need to get a copy of your request before the judge will make a decision. This is called serving court papers. 

      You do not need to provide any medical documentation to get a court order recognizing a gender change or to change California state-issued documents. You (or your child if you're asking for them) do not need to have undergone any gender-affirming care. Other states have different rules. If you want to change an identity document issued by another state or country, find out what they require.

      A judge will make a decision in about 1 to 2 months

      After you get the court order, you can use it to have identity documents updated.

      You can change California-issued records, like your birth certificate or your child's birth certificate, or your marriage certificate, even if you live out of state. 
       
      You can follow the instructions in this guide. Since you are out of state, there are a few differences, like where you file. Find out more about the differences if you live out of state. 

      Court order to recognize gender

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