Guide for guardians for recognition of a child's change of gender (with or without a name change)

If you are a child's guardian, you can ask for a court order recognizing the child's change of gender. You can ask for a gender marker of female, male, or nonbinary. You can also ask for a change of name at the same time.

How to ask for an order recognizing change of gender

The forms you fill out are different depending on whether you are only asking for an order recognizing a change of gender, or are also asking for an order changing their name.

The forms and steps are also different depending on whether the child's parents are alive, and if they are, if they will sign the Petition you file. Parents have a right to know about the request. If they are not alive or can't be found, then you may need to notify any living grandparents.

 

  • Fill out court forms

    ​​​​​​If only requesting an order to recognize gender change

    If all living parents will sign the Petition

    • Petition for Recognition of Minor’s Change of Gender and Sex Identifier and for and Issuance of New Birth Certificate (form NC-500
    • Declaration of Guardian or Juvenile Attorney (form NC-510G)
    • Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-530) (complete boxes at top and item 1)
    • Civil Case Cover Sheet (form CM-010)

    If one or more parents did not sign, is deceased, or cannot be located

    • Petition for Recognition of Minor’s Change of Gender and Sex Identifier and for and Issuance of New Birth Certificate (form NC-500
    • Declaration of Guardian or Juvenile Attorney (form NC-510G)
    • Order to Show CauseRecognition of Minor’s Change of Gender and Issuance of New Birth Certificate (form NC-520)
    • Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-530) (complete boxes at top and item 1)
    • Civil Case Cover Sheet (form CM-010)

    If asking for an order recognizing gender change and changing name

    If all living parents sign the Petition

    • Petition for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name (Form NC-500)
    • Name and Information About the Person Whose Name Is to Be Changed (form NC-110)
    • Declaration of Guardian or Juvenile Attorney (form NC-510G)
    • Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-530) (complete boxes at top and item 1)
    • Civil Case Cover Sheet (form CM-010)

    If one or more parents did not sign, is deceased, or cannot be located

    • Petition for Recognition of Minor’s Change of Gender and Sex Identifier and for and Issuance of New Birth Certificate an Change of Name (form NC-500)  
    • Name and Information About the Person Whose Name Is to Be Changed (form NC-110)
    • Declaration of Guardian or Juvenile Attorney (form NC-510G)
    • Order to Show CauseRecognition of Minor’s Change of Gender and Issuance of New Birth Certificate (form NC-520)
    • Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-530) (complete boxes at top and item 1)
    • Civil Case Cover Sheet (form CM-010).
  • Get forms reviewed

    If your court's family law facilitator or self-help center helps people with name and recognition of gender change cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.

  • Make copies

    Make 1 copy of all your forms (plus one for each person who must be served notice)

  • File your forms with the court clerk

    As a general rule, file all the forms and copies in the court that appointed you as a guardian. The clerk will stamp the forms “Filed,” keep the original, and return the copies to you. You will have to pay a filing fee. Find out how much the filing fee is for a first petition (sometimes called a “first appearance” or “first papers”). If you cannot afford the fee, you can ask for a fee waiver.

  • Serve notice on parents or grandparents, if necessary

    Serve notice within 4 weeks of the date the Order to Show Cause was filed

    If the petition was not signed by all of the child's living parents, you will need do this step.  If the petition was signed by all the living parents, you do not need to do this step.

    To serve the forms, another adult, not you, must deliver a copy of the Petition (form NC-500), the attachments, and the Order to Show Cause (form NC-520) within 4 weeks of the date the Order to Show Cause was filed with the court, which will be stamped in the upper right-hand corner of the form. The person who does this is called a server.

    The server must deliver the forms to each living parent that did not sign the petition. If all the parents are either deceased or cannot be located, then the server must deliver the forms to every living grandparent of the child.  

    The server must deliver the forms in person (called personal service) if the person they're delivering them to lives in California. If the person lives outside California, they could deliver the forms in person or by certified mail, return receipt requested. If they deliver by mail, they must deliver them 10 days earlier than the deadline. 

    The Order to Show Cause tells the parent or grandparent to file any objections to the petition for recognition of gender change within 6 weeks of the date the Order to Show Cause was filed with the court.
    Your server must complete a proof of service form (you can use form NC-121) for each person served. The proof of service must be filed with the court, so the judge knows the requirement was met.

    Learn more about service here.

  • Go to the court hearing, if necessary

    If no objection is filed within 6 weeks of the date the Order to Show Cause was filed with the court, the court will grant the petition without a hearing. 

    If an objection is filed in the time required, the court will set a hearing date and send everyone involved a notice of that date. Take the Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (
    form NC-530) to the hearing for the judge to sign.

  • Get your Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate from the court

    If the court grants the recognition of a change of gender, the judge will sign Order Recognizing Minor’s Change of Gender and Sex Identifier and for Issuance of New Birth Certificate (form NC-530). Once the order is signed, request a certified copy from the court clerk. The child will need a certified copy to change their name and gender on their legal documents.

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