There is a process and an application that must be filed with the court to change the name of transgender people in the state of Washington. The court case file can be sealed for the applicant’s safety if the individual is a victim of domestic violence. You have to submit the petition for it to be processed. The court can deny the application for legitimate religious, cultural, or marital reasons.
Washington State issues a driver’s license or state ID with a gender marker of M, F, or X. No documentation from a doctor or a court is needed. If you are changing the name, a document demonstrating the name change, such as a court order or birth certificate, is mandated. If changing the gender, a Change of Gender Designation Request form indicating M, F, or X is signed by the applicant.
What Documents Are Needed to Make the Name Change for Transgender People?
In Washington, anyone over 18 can choose and use any name. The only exception is if that name is being used to commit fraud. Essentially, there are two methods to modify your name in Washington.
First is the common law name change method. This requires that a person may simply change their name by using a new name consistently and exclusively for all purposes. However, this method may not be able to create the paper trail needed to change important identifying documents for government use and other business matters. This method is free and self-explanatory.
A court order is required to make an official or formal name change. This requires the requesting individual to file a Petition for Name Change and a judge to sign an Order for Name Change. Most Washington counties have similar procedures in place for this sort of process. However, there may be differences in fees for the name change depending on your local county. Individuals must also pay a recording fee to record the name change with the county auditor. However, there are waivers available to those low-income individuals that qualify.
To initiate the process of a name change, you first need to contact the District Court in the county where you reside to obtain the forms for a name change. Once you file the Petition for Name Change, the court clerk can schedule a date for you to appear in front of a judge or a court commissioner for the request. As long as the name change has a purpose for change and it is not to commit any fraud, the judge will likely grant the request.
Can a Person Get Their Name and Gender Marker Change on Their Washington Birth Certificate?
To alter the original name on a birth certificate issued in Washington State, an individual must submit the following information to the Washington State Department of Health (DOH):
- A certified copy or photocopy of the birth certificate;
- A completed name change request form;
- A certified copy of a name change court order and;
- A letter from the requestor with the following information provided: name, date of birth, place of birth, names of parents, and contact information.
The DOH (Department of Health) regulation created a third gender designation – “X” – not exclusively male or female. To alter the gender marker on a birth certificate issued in Washington State, an adult must fill out the Request to Change Sex Designation on a Birth Certificate for an Adult form. The provider information must include the full name listed on the birth certificate, the parent’s full name listed on the birth certificate, and the sex designation requested. The application has to be signed and notarized.
If a minor wants to change the gender marker on their Washington State birth certificate, a parent or guardian must apply. Additionally, the minor’s licensed healthcare provider must submit a letter verifying that the change is consistent with the minor’s identity. Besides including the information stated above, parental authorization is a prerequisite for a minor to change their name on their birth certificate. You must also pay the necessary fees for this process to be complete. There is a process of appeal if the DOH denies the request to change gender designation.
Can a Person Change Their Name and Gender Marker With the Social Security Administration (SSA)?
The SSA does permit you to change the name and gender marker after a person provides proof of a court-ordered name change, U.S. citizenship, and identity. There is no requirement to submit any health-related certification from a physician. They can submit to the SSA acceptable government-issued documentation showing a gender change, including a U.S. passport with the correct gender, a birth certificate showing the correct gender, or a court order recognizing the correct gender.
Besides this, if a person wants, they can submit a signed letter from a licensed physician verifying that they have had appropriate clinical treatment for gender transition. The SSA is aware of these procedures and has been provided with training for their employees to accept documents that contain X gender markers for updates to records or new or replacement SSA card applications. Furthermore, the SSA plans to offer the option of self-selecting gender markers on people’s SSA records, allowing people to submit these documents as needed independently.
Can a Person Change Their Name and Gender in the U.S. Passport?
There are options available for a transgender individual to change their name and gender on their passport. To complete this process, they must submit the required form, appropriate fees, and documents, including their most recent passport. There is an option to self-select the gender on the passport application.
According to the ACLU, the Department of State (DOS) stated that the evidence provided for the passport application does not need to match the gender selected. The DOS plans to expand this to their online system to ensure that all the proper gender selections are available to make the desired markings for gender.
For the Washington driver’s license, a person must update their name with the SSA and schedule an in-person appointment to visit the driver’s license office. You must also complete the proper fees and include proof of identity. There is a list of accepted proof of identity available on the Washington State Department of Licensing (DOL) website.
You must also mail a written request to change the gender marker on a Washington driver’s license. You can mail it to the local licensing office. As noted above, there are legally valid options available for transgender people in Washington state to change their name and gender.
When Do I Need to Contact a Lawyer?
If you reside in the state of Washington, there are legal requirements that you need to complete to apply for a name change as a transgender person. Some of the forms require additional medical records, and others do not. These are mentioned in detail earlier above. You need to consider this before applying for your name change. If you face another legal issue regarding this matter, do not hesitate to contact a local Washington family law lawyer who can assist you.
