Guide for guardians changing a child's name to match their gender identity
If you are the child’s guardian and want to change their name to match their gender identify:
- You file forms
- If the child's parents do not agree, they have the right to oppose your request. If either or both parents is deceased or cannot be found, you will have to let any living grandparents know.
If the judge approves your request, you will get a court order called a "decree" changing the child's name. The court process can take up to 3 months, though in busier courts it may take longer.
How to ask to change a child's name to match their gender identity
🔗 Links to court forms below open in a new tab.
-
Fill out court forms
- Petition for Change of Name (form NC-100)
- Name and Information about the Person Whose Name is to be Changed (form NC-110) (attach to the NC-100)
- Supplemental Attachment to Petition for Change of Name (Declaration of Guardian) (form NC-110G) (attach to the NC-100)
- Order to Show Cause—Change of Name to Conform to Gender Identity (form NC-125)
- Civil Case Cover Sheet (form CM-010)
- Decree Changing Name of Minor (By Guardian( (form NC-130G) (fill out the top part)
⚠️ If you're worried about safety, you may be able to keep the request confidential
You can ask the court to keep the child's name change confidential if they're in the:
- State Witness Program, or
- Safe at Home address confidentiality program and are changing their name to avoid domestic violence, stalking, or human trafficking, or are a victim of sexual assault,
Learn how with Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home) (form NC-400-INFO).
💬 Talk to your self-help center to find out options.
-
Check for local forms
-
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.
-
-
Have 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.
-
Make copies of all your forms
- Make at least 3 copies of all of your forms.
- When you file them, the court will keep the original and return the copies to you, stamped.
- One copy is for you. The second and third copies are to serve the child’s parents.
- If you have to serve the child's living grandparents, make enough copies to serve each grandparent. See Step 6 for more information.
-
File copies with the court clerk
- File all your forms with the copies in the court in the county where the child lives.
- 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.
-
Serve parents or grandparents of the child
- 📅 Serve any of the child’s parents who did not sign the petition with a copy of the paperwork within 30 days from the date the Order to Show Cause (form NC-125) was issued (the date stamped on the upper right-hand corner).
- If either or both parents of the child are deceased or cannot be located, you must serve notice of the hearing on all living grandparents within that deadline.
To serve:
- You need someone 18 or older, not you, to give each parent or grandparent a copy of the filed Petition, along with attachments, and the Order to Show Cause—Change of Name to Conform to Gender Identity (form NC-125).
- The server has to fill out a Proof of Service of Order to Show Cause (form NC-121) for each parent or grandparent served and give them to you. You have to file these proofs of service before your court hearing.
- 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. But, remember, you cannot mail the papers yourself.
- 📅 Serve any of the child’s parents who did not sign the petition with a copy of the paperwork within 30 days from the date the Order to Show Cause (form NC-125) was issued (the date stamped on the upper right-hand corner).
-
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 Decree Changing Name (By Guardian) (form NC-130G) to the hearing for the judge to sign.
-
Get your decree
- If the judge approves your request for a change of name, the judge will sign the Decree Changing Name (By Guardian) (form NC-130G).
- Once you get your signed decree, get at least 1 certified copy from the court clerk. You will need this to change the child’s birth certificate, social security card, and other papers like a passport.
⚠️ The child's records are not updated automatically with their new name.
You must take a copy of the name change Decree to each government agency where you need to update their ID or record.Get more information to update the child's records with every agency