Ask for a court order to recognize your gender change
To ask the court for an order recognizing your change of gender, you first fill out court forms. You can ask for one of 3 gender markers: female, male, or nonbinary.
⚠️ Use different instructions if you also want to change your name. There's a different process to change your gender marker and name.
Before you start
You can update your gender marker on many identity documents without a court order
You do not need a court order to change your gender marker or sex identifier on your:
- California birth certificate
- California driver’s license
- California marriage license (if your spouse agrees; if not, you'll need a court order)
Other states may require a court order. Also, you may not be able to use a nonbinary gender marker on some federal or out-of-state identifications.
⚠️ The rules regarding gender markers on US passports are currently under review. Visit this government page to read more.
How to fill out forms to ask for a court order recognizing your gender change
🔗 Links to court forms below open in a new tab.
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Fill out forms
You will need to fill out these forms:
- Petition for Recognition of Change of Gender and Sex Identifier, Name Change, and Issuance of New Certificates (form NC-300)
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Civil Case Cover Sheet (form CM-010) (some courts do not require this form)
- If you are asking to change your marriage certificate, fill out Marriage License and Certificate–Attachment (form NC-312) and attach it to NC-300. If your spouse did not sign NC-312, also fill out Order to Show Cause–Issuance of New Marriage License and Certificate (form NC-325)
- If you are asking to change your information on your child's birth certificate, fill out Birth Certificate for Child of Petitioner–Attachment (form NC-311) and attach it to the NC-300. If your child is 18 or older, they must also sign.
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Order Recognizing Change of Gender and Sex identifier, for Name Change, and for Issuance of New Certificate (form NC-330) (fill out the boxes at the top)
💵 You will need to pay a fee when you file the forms ($435 - $450). If you can't afford the fee, fill out another form to ask for a fee waiver.
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Find out if you have any local forms to fill out
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Some courts also have local forms you have to use.
- Check with your court clerk’s office or your court's website (link opens in a new tab), or talk to your self-help center to ask if they have any local forms you need to use.
- Your self-help center may also be able to review your forms before you file them.
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Make Copies
- Make 1 copy of all of your forms.
- When you file them, the court will keep the original and return the copy to you, stamped.
- Keep the copy for yourself.
Gender recognition
What's next?
Once you’ve completed the forms, you’ll file them with the court clerk.