Name and Gender Changes�California Court Orders & Next-Steps

Berkeley Law Name & Gender Change Workshop (NGCW)

East Bay Community Law Center (EBCLC)

Student Leaders

Eileen Jamieson (they/them) is a 2L at Berkeley Law. They worked with the Name and Gender Change Workshop as a 1L and are returning this year as a co-leader. In their free time, they enjoy live music and reading.

Vincent Jou (any pronouns) is currently a 3L at Berkeley Law. He’s worked with the Name and Gender Change Workshop since his first year as a law student. In their free time, they enjoy reading, drawing, and having good coffee.

What We Do

• The Name & Gender Change Workshop (NGCW) is a student-led pro bono clinic at Berkeley Law that guides trans & GNC clients through the process of obtaining a legal name/gender change in California.
• Clinics hosted three or four times a semester.
• Both virtual & in-person meeting options available.
• Provide help with court forms & some guidance with next-steps: passports, driver’s licenses, social security, birth certificates, and so on.
• Founded and hosted in collaboration with our supervising attorneys at the East Bay Community Law Center (EBCLC).
• NGCW has been in action since 2016.
• Have aided over 480 people since then.

Why It Matters

• Affirms identity and dignity – Legal recognition of a person’s name and gender marker affirms who they are, reducing daily instances of misgendering and identity-based harm.
• Removes barriers – Updated legal documents help prevent discrimination in employment, housing, healthcare, and education.
• Protects privacy and safety – Having accurate identification can reduce the risk of harassment, outing, or denial of services.
• Supports mental health – Being legally recognized in one’s affirmed identity can alleviate stress, anxiety, and dysphoria.
• Empowers community members – Workshops equip participants with knowledge, tools, and support to navigate an often confusing legal process.

General Process (4 Steps)

1. Apply for your name/gender change court orders.
1. ~6-8 weeks to process. When it’s processed, ask for 2-3 certified copies and make several photocopies.
2. Apply for your passport, social security, and birth certificate updates using the certified copies of your court orders.
• Passport: ~4-6 weeks to process, not including shipping/mailing time.
• SSA: ~2 weeks to process.
• Birth certificate: ~12-14 weeks to process.

General Process (4 Steps)

1. At the same time, update other relevant IDs (EXCEPT your driver’s license) using photocopies of your court orders.
1. Think: leases, health insurance, school records, and so on. Processing times will vary.
2. Apply for your driver’s license update using a certified copy of your court order AFTER your social security has been updated.
• ~ 2 weeks to process.

* There is no one correct process or timeline for changing your documents. Our timeline reflects the absolute least amount of time that it will take to update your name/gender on you might consider your “primary” IDs.

• No pressure to update all IDs immediately. “Mismatching” IDs are typically not an issue: your court orders serve as proof of the connection between your IDs.
• Court orders do not “expire.” If you lose your copies or need to order more, you can contact the court you initially filed in.

General Name and Gender Change Timeline

Court Forms: Adults

• Application for adults:
• Name change ONLY: CM-010, NC-100, NC-110, NC-125, NC-130
• Gender change ONLY: CM-010, NC-300, NC-330
• Name & gender change: CM-010, NC-300, NC-110, NC-125, NC-330
• If you want to amend your marriage license & certificate (and you were married in CA), add NC-312. If your spouse did not sign NC-312, add NC-325.
• If you want to amend your information on your children’s birth certificates, add one NC-311 for each child. Adult children must sign the NC-311.

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Court Forms: Minors

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• Application for minors:
• Name change ONLY: CM-010, NC-100, NC-110, NC-125, NC-130
• If the person filing is a guardian, add NC-110G & replace NC-130 with NC-130G.
• If not all legal parents sign the petition, add NC-121.
• Gender change ONLY: CM-010, NC-500, NC-530
• If not all legal parents sign the peition, add NC-520 & NC-121.
• Name & gender change: CM-010, NC-500, NC-110, NC-520, NC-530
• If the person filing is a guardian, add NC-110G.
• If not all legal parents sign the petition, add NC-121.

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Court Forms: Fee Waivers

• Attach to either Adult or Minor applications a fee waiver (FW-001 & FW-003) if applicable.

What Application Should I Use?

• A NAME CHANGE court order is necessary to update your name on all IDs.
• A GENDER MARKER court order used to be necessary to update your gender marker on all IDs, but this requirement has since been phased out by most federal and California agencies.
• If you have out-of-state IDs (e.g. an out-of-state birth certificate or driver’s license), may want to conduct additional research about whether you’ll need a court-ordered gender marker update.

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What Application Should I Use?

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• WHY GET BOTH AT THE SAME TIME?
• Saves on court costs: just in case you need or want a gender marker court order in the future, you won’t have to pay the filing fee again
• Reduces uncertainty: some agency or non-government entity employees may not always take your self-attestation at face value, despite legal requirements.
• Gender-affirming purposes: personal desire for a judge to legally recognize your lived gender.
• Ultimately a personal decision based on what forms you feel like fit your needs or circumstances.

Should I Apply for a Fee Waiver?

• Court filing fees in CA range from $435 - $450 without a fee waiver. Certified copies of your court order may cost $40 per copy.
• A fee waiver may allow you to waive these fees either in whole or in part.
• If you get a full fee waiver: you can waive the entire court filing fee & get free certified copies.
• If you get a partial fee waiver: court may waive portion of filing fee or allow you to use a payment plan, instead.
• We generally encourage you to try to apply even if you doubt that you’ll qualify for a full waiver.
• The worst they can do is reject your application!

Fee Waiver Qualifications

• You AUTOMATICALLY QUALIFY FOR A FULL WAIVER if:
• You receive ANY kind of federal or state income-related benefits. A list of qualifying benefits & definitions can be found at the bottom of the first page here.
• Your pre-tax gross monthly household income is less than the thresholds here:
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• You MAY FULLY/PARTIALLY QUALIFY if you do not have enough income to pay for your household‘s needs & the court fees.
• You will have to fill out a larger table of financial information to prove that you’re in need of a fee waiver.

Sample Name/Gender Change Application (Adult)�Part I: CM-010

Sample Name/Gender Change Application (Adult)�Part I: CM-010

Sample Name/Gender Change Application (Adult)�Part I: CM-010

Sample Name/Gender Change Application (Adult)�Part II: NC-300

Sample Name/Gender Change Application (Adult)�Part II: NC-300

Sample Name/Gender Change Application (Adult)�Part II: NC-300

Sample Name/Gender Change Application (Adult)�Part III: NC-110

Sample Name/Gender Change Application (Adult)�Part III: NC-110

Sample Name/Gender Change Application (Adult)�Part IV: NC-125

Sample Name/Gender Change Application (Adult)�Part IV: NC-125

Sample Name/Gender Change Application (Adult)�Part V: NC-330

Sample Name/Gender Change Application (Adult)�Part V: NC-330

Sample Name/Gender Change Application (Adult)�Part V: NC-330

Sample Name/Gender Change Application (Adult)�Part VI: Fee Waiver (FW-001 & FW-003)

Sample Name/Gender Change Application (Adult)�Part VI: Fee Waiver (FW-001 & FW-003)

Sample Name/Gender Change Application (Adult)�Part VI: Fee Waiver (FW-001 & FW-003)

Sample Name/Gender Change Application (Adult)�Part VI: Fee Waiver (FW-001 & FW-003)

Filing Your Petition

• Court forms can be filed either digitally, via mail, or in-person at your county superior court.
• E-filing and mail-in procedures vary: check your courthouse’s local webpage to see if they allow it.
• In-person procedures are relatively similar: you can either hand your packet (with a check or money order) to the civil clerk’s office or drop it off in the courthouse’s drop box (if available).
• CHECK OPENING HOURS BEFORE YOU GO! Clerk’s office may be open at different times than the courthouse drop box.
• GO TO THE RIGHT CLERK AND COURTHOUSE! The civil courthouse’s clerks may be in a different location or open at different times than the criminal or family law courthouse’s clerks.
• A list of superior courts can be found here.
• File in the county that you currently live in.
• If you’re no longer a CA resident, file in the county where your birth certificate is located.

Next-Steps

• Generally, we recommend updating your birth certificate, social security, and passport all at the same time. You can only update your driver’s license after your social security update is processed.
• 2 - 3 certified copies necessary to get all the updates done as quickly as possible.
• Certified copies are usually returned/mailed back to you once the agency’s processed the update.
• Can always request more certified copies from the courthouse if necessary. Recommend making a photocopy before sending all your certified copies out to update your IDs.
• Agencies will typically ask for extra identity-verification paperwork as part of their applications. It is OKAY if you use other IDs/documents with your former legal name and/or gender on them! Your court order serves as proof of your identity for all purposes.

Birth Certificates

• If you requested the “ISSUANCE OF NEW BIRTH CERTIFICATES” options on your NC-300 & NC-330, the final court orders you’ll receive will have an extra “OTHER ORDERS” box that instruct you to mail your court orders to the California Dept. of Vital Records within 30 days of receipt. This will allow you to update your birth certificate FOR FREE, but you will NOT receive an amended/certified copy of your birth certificate.
• If you want a new, hard copy of your birth certificate or you miss this 30-day window, you’ll have to fill out the VS 24B + VS 20, get them notarized, and mail your final application packet (including a certified court order) to the Dept. of Vital Records.
• Local notaries can be found either in specialized offices or at your nearby post office. They typically charge around ~$15 per signature.
• The amendment fee is $26 and comes with an amended/certified copy of your new birth certificate. Each additional copy costs $29/copy. It takes the department ~12-14 weeks to process a birth certificate amendment.

Passports

• Depending on your situation, you might need to fill out the DS-82, the DS-11, or the DS-5504. You can find more information on which form to use here.
• Whenever the form asks you for your name, use your new legal name. You’ll only have to input your former legal name when it asks you for your “old name” or for the name on your old passport.
• If you use the DS-82 or DS-5504, you can mail your passport application packet (including a certified court order).
• If you use the DS-11, you must go to an in-person appointment to verify your packet (including a certified court order).
• If you want to change your gender marker, include this attestation form with your application packet.
• Select your desired gender marker on your passport application. Leave the gender marker field blank if you want ‘X.’
• More information on the attestation form and Orr v. Trump can be found here (Dept. of State page) or here (ACLU FAQ). PLEASE NOTE THAT THIS PROCESS/INFORMATION ARE SUBJECT TO CHANGE BASED ON ADMINISTRATION ACTION.
• It normally costs between $100 - $160 to update your passport. It takes ~4-6 weeks, plus ~2-4 weeks mailing time, to process a passport update.
• You can pay an extra $60 to reduce the processing time to ~2-3 weeks and an extra $22.05 to ensure that your passport is mailed 1-2 days after it’s finished processing.
• If you filed the DS-11, you must pay an extra $35 processing fee.

TRAVEL ADVISORY: ‘X’ GENDER MARKERS

• As of October 14, 2025, U.S. Customs Border Protection is no longer recognizing ‘X’ gender markers in its Advance Passenger Information System (APIS).
• APIS: A system which requires airlines to provide passenger information (including gender marker) in advance to US CBP when traveling internationally to certain countries.
• Effects on travel: Gender markers that do not match physical presentation can lead to confusion or increased scrutiny from security personnel. Risk of delays and questions. Some countries are issuing warning, like Canada who allows for X gender passports.
• Airlines remain responsible for comparing the travel documents passengers present with the information transmitted to CBP. Airline carriers must ensure accuracy in all APIS data submissions, including traveler sex designation and passport number formatting. They acknowledge that other countries may not accept this designation.
• See news releases here, here for more information.

TRAVEL ADVISORY: ‘X’ GENDER MARKERS

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Practical Considerations

• Document Verification: Provide passport information exactly as it appears on travel documents.
• Sex Designation Accuracy: Ensure the sex designation transmitted to CBP matches exactly what appears on passports, regardless of personal identification.
• Passport Updates: Consider whether passport updates may be necessary to ensure smooth travel.
• Early Booking: Complete travel bookings in advance to allow time for any necessary corrections.
• Travel Management: Work with experienced travel agencies familiar with APIS requirements.
• Communication: Ensure clear communication between travelers, booking agents, and airlines regarding exact document details.

Social Security (SSA)

• You MUST change your social security before updating your driver’s license.
• Driver’s license database is tied to SSA’s database.
• You can fill out Form SS-5 either digitally or in print. You’ll need to make an in-person appointment at a Social Security office (and bring all necessary paperwork, including a certified court order) to finalize the update.
• Currently, you’re only able to get a name change with the SSA.
• The gender marker tied to your SSN is primarily used for internal demographic purposes.
• The only identify-verification software that cross-checks your lived gender with your gender in the SSA’s database (when you apply for jobs) is primarily used by the federal government.
• No fees involved, but the update will take ~2 weeks to process before you receive your new social security card in the mail.

Driver’s License

• You can apply online for a new driver’s license here. Once your online application is received, you must finalize the update in-person at a DMV office. Bring your application packet (including a certified court order) to your DMV appointment.
• If you want to update your gender marker on your new driver’s license, you’ll also have to fill out, print, and bring the DL 329S to your DMV appointment. Make sure the DMV employee you’re working with signs and stamps this form when they accept your application!
• The amendment fee is $36. You’ll receive a paper receipt you can use as your temporary license. A plastic license will arrive in the mail after ~2 weeks.
• The DMV will not update your name on your driver’s license if you have not updated your name with the SSA!

Other Documents to Change

• Immigration documents
• Selective service or military records
• Bank records
• School records
• Health insurance and medical records
• Public benefit records
• Employment records
• Leases
• Estate planning records
• … And more!

You will likely have to reach out to your bank, school, health insurance provider, and so on to figure out their name & gender change procedures. They will generally require a copy of your court orders to do so, but may allow you to use photocopies rather than certified copies.

Other Resources

• Outside of the court filing and government agency fees, the process of changing your name should be FREE!
• LOTS of LGBTQ+-friendly resources and organizations out there that can help you without having to spend additional money on an already-expensive process.
• Name/Gender Change Workshop: ngcw@ebclc.org + tutorial video here. Please feel free to email us at any time if you have questions or would like to register for a workshop!
• ID, Please free guide with links and instructions.
• Other trans organizations, such as the Transgender District in SF; the LA LGBT Center; the Transgender Health and Wellness Center; and many more often host free name/gender change workshops or offer help with the process.

Questions?