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
⚠️ Read before moving ahead since there are different steps depending on your situation:
- 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.
🔗 Links to court forms below open in a new tab.
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Fill out court forms
If only requesting an order to recognize gender change (no name 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 Cause—Recognition 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 Sex Identifier and for and Issuance of New Birth Certificate (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 (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 Cause—Recognition 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)
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Get forms reviewed
- If your court’s self-help center helps people with name change cases, ask them to review your paperwork.
- They can make sure you filled it out properly before you move ahead with your case.
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Make copies
- Make one copy for yourself and copies for every other person you have to serve.
- When you file them, the court will keep the original and return the copies to you, stamped.
- One copy is for you. The rest of the copies will be to serve the people you're required to serve.
- If you have to serve the child's living grandparents, make enough copies to serve each grandparent. See Step 6 for more information.
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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.
- File all your forms with the copies.
- The clerk will stamp your forms with “Filed,” keep the original and return the copies to you.
💵 You will have to pay a filing fee of $435-$450. If you cannot afford the fee, you can ask for a fee waiver.
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Serve notice on parents or grandparents, if necessary
If the petition was not signed by all of the child's living parents:
- 📅 Your server must deliver the Order to Show Cause—Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate (form NC-520) and other forms within 4 weeks of the date the clerk stamped your form (the day it was filed).
If the petition was signed by all the living parents, you do not need to do this step.
To serve:
- You need someone 18 or older, not you, to give each parent who did not sign the petition a copy of the filed Order to Show Cause (form NC-520), the Petition and all the attachments.
- The server has to fill out a Proof of Service of Order to Show Cause (form NC-121) for each parent served and give them to you. You have to file these proofs of service with the court.
- If the parents are deceased or cannot be found, the server must give a copy of the papers to every living grandparent.
- If the parents or grandparents live in California, you must have someone serve them in person.
- If a parent or grandparent lives outside California, you can serve the out-of-state parent by certified mail, return receipt requested.
- If serving by certified mail, the mailing must be done 10 days earlier than the deadline.
- But, remember, you cannot mail the papers yourself.
⚠️ 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.
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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 by the deadline, 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.
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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, ask for a certified copy from the court clerk. The child will need a certified copy to change their name and gender on their legal documents.
⚠️ The child's records are not updated automatically with their new name.
You must take a copy of the Order to each government agency where you need to update your child's ID or record. There may be different rules to update their name and to update their gender marker or sex identifier, so make sure you check both links below.