Court order to recognize gender in California
This guide can help you:
- Understand when you need a court order recognizing gender to update gender markers
- Ask for a court order recognizing your or your child's gender
- Find out where to update your gender marker 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.
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In California, you can ask the court for an order recognizing your or your child's gender (recognizing a change of gender). 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 on identity documents.
California identity documents: You don't need a court order
You do not need a court order to
- Amend a California Birth certificate
- Update a 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's requirements.
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.
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.
Court order to recognize gender
What would you like to do?
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Get a court order recognizing gender
Answer a few questions to get step-by-step information for getting a court order recognizing gender. You can also ask for a name change at the same time.
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Find out about name change
Learn more about the name change process if you want to change your or your child's name to match gender identity.
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Find out how to update a gender marker on identity documents
Get information about how to update gender markers on identity documents.