File a petition to change your child’s name to match their gender identity

Once you complete your forms, you need to file them with the court and pay a filing fee. If you can’t afford the fee, you can ask the court to waive it.

How to file forms with the court

  • Take your forms to the court clerk

    • If you live in California, go to the Superior Court in the county where your child lives
    • If you live out of state, you typically file in the county that issued your child's birth certificate. Get more information on where to file if you live out of state.

    If there are different locations, check your court’s website, talk to your Self-Help Center, or find the closest court to you where civil cases are filed.

    At the courthouse, file the forms you filled out by giving the original and the copies to the clerk.

    The clerk will stamp the forms, keep the original and return the copies to you.

    The Order to Show CauseChange of Name to Conform to Gender Identity (form NC-125) is the form that orders anyone who does not agree to your request to file an objection within 6 weeks of the date the Order to Show Cause is filed with the court, which will be stamped in the upper right-hand corner of the form. The objection has to be for good cause, which means that there has to be a valid legal reason to disagree with your request.

    Yes, you can file by mail. Mail the original and 2 copies to the clerk. You need to include the filing fee and a self-addressed stamped envelope so the clerk can mail your copies back to you. Make sure to include enough postage. If you do not include a self-addressed stamped envelope, you will have to go to the courthouse to pick up your copies.

    Some courts allow online filing (called e-filing). You can find out if your court has online filing on your court’s website.

  • Pay a filing fee

    You’ll need to pay a fee of $435-$450 to the clerk when you file your forms.

    If you can’t afford the fee, you can ask the clerk for a fee waiver. You may qualify for a fee waiver if:

    • You receive public benefits
    • Your income is less than a set amount
    • You can’t afford the fee and meet your basic needs
  • Ask the clerk how to get the signed order if other parent doesn't object

    The clerk will give the filed forms to a judge who will make a decision after a 6 week waiting period. During that time you must let the other parent know about your request (serve them). If the other parent doesn't object, you should be able to pick up the order. Ask the clerk how you can pick up a signed name change order.

     

    If the other parent objects, the court will set a hearing date to hear from both of you. Learn what to expect at a hearing.

     

Change a child's name to match gender

What's next?

Once you’ve filed your forms, your next step is to let the other parent know. You do this by having a copy of the notice delivered (served) on the other parent. 

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