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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.

Do you always need a court order to update gender markers?

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. Advocates for Trans Equality has a state-by-state guide on information and resources on driver's license and birth certificate gender change policies (scroll down on the page to "Name Change, Driver's License & birth Certificate Policies in" and choose your state).

Federal identity documents

For the different federal IDs and records, Advocates for Trans Equality has information on updating different types of federal IDs or records (scroll down on the page to "Federal IDs & Records" and choose the type of federal record you want information about).

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. To get instructions for either of those situations (for an adult or a child), answer a few questions.

Basic steps to get a court order

1. 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. The clerk will give you a date when a judge will make a decision.

2. For an order recognizing your child's gender change, the other parent may need to get a copy

If you're a parent asking for a court order recognizing your child's gender, without the other parent, you may have to serve (give in the right legal way) the other parent with a copy of the forms.

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

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

📌 You do not need to provide any medical documentation.
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.

⚠️ Do you live out of state?

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