Transgender legal change of gender and name procedure.
The California codes of civil procedure sections that address change of name also address change of gender. These sections are CCP 1277 and CCP 1278. These sections specify the difference between a name change and a change of gender and or change of name. The differences that will be of interest to the transgender community are:
- There is no longer a requirement to publish notice of the change of gender or change of gender and name in the newspaper.
- There is no longer a requirement of for a hearing. The bench officer can decide, based on the paperwork.
- There must be a Doctor’s affadavit or declaration under penalty of perjury that the change of gender has physically occurred.
Changing birth certificate to reflect change of gender
California codes of Health and Safety Section 103425 through Section 103445 additionally provide that the court order for the change of gender or name and gender may also specify that a new birth certificate be prepared reflecting the change of gender and if it was also changed, the name. In California this function is performed by the Vital Records Section of the California Department of Public Health. Here is a link to their pamphlet that explains the process.
For more information on transgender legal issues: Transgender Law Center