View source for Texas Name and Gender Marker Change

== IMPORTANT NOTE ==
<span style="color: red; font-size: 150%">Info here has not been updated in a long time!  Join the Facebook group [https://facebook.com/groups/TexasNameAndGenderMarkerChange/ TexasNameAndGenderMarkerChange] for the latest instructions, information, and to ask questions on changing name and gender marker in Texas.</span>

(And if you feel you get a lot from the Facebook group, please do consider giving back by editing and updating this wiki's contents.  Thank you! ❤️)

== About ==
[[Texas Name And Gender Marker Change:About|Here's some info about this wiki]].

== Basics ==

Start with this set of instructions, "[[Media:GenderMarker_Kit_September_2016.pdf|What are the steps to change my gender marker? (Travis County)]]", from the [http://www.traviscountylawlibrary.org/images/pdf/GenderMarker_Kit_September_2016.pdf Travis County Law Library].

Also, the [http://www.traviscountylawlibrary.org/ Travis County Law Library] has [https://www.sll.texas.gov/self-help/where-to-go-for-help/legal-clinics/#travis-county free clinics] where [https://www.facebook.com/groups/239080616277407/permalink/568942796624519/?comment_id=569235986595200&reply_comment_id=569235986595200&notif_t=group_comment_reply&notif_id=1466945136372070 attorneys will assist with understanding the forms and explaining what information goes in which blanks]. The attorneys do not represent you but they can make the process less intimidating. It is highly recommend that you use the forms from the law library as they have been carefully reviewed and are routinely seen by the judges. They will also notarize reviewed forms for free.  The official clinic hours are M-F, 10am-12pm.  It's recommended that you call ahead of time to verify.

Additionally, UT Austin Law School's [https://law.utexas.edu/probono/projects/special-projects/trans-legal-name-gender-marker-project/ Trans Name and Gender Marker Project] periodically holds workshop to assist transgender people in all aspects of changing name and gender marker.  Fill out the [https://utexas.qualtrics.com/jfe/form/SV_9ohw01jol8yxqHH survey on that page] to indicate your interest in future name and gender marker workshops.

=== What documents will you need? ===
Also see the [[list of sample documents]].
* Petition to change name and/or gender.
* Letter from your physician (general practitioner, endocrinologist, GCS surgeon, etc.) stating that that you have made "<span style="color: blue;">''irreversible changes for gender transition from'' &lt;your biological sex&gt; ''to'' <your gender identity></span>".
* Most of the Travis County judges also like a letter from a mental health professional, like a LPC or LCSW.
* Fingerprint card.  Note that if you change your name and your gender marker at different times, you will [https://www.facebook.com/groups/239080616277407/permalink/588175171367948/ need to do one fingerprint card each time].
* Background check:  you do not need background check documentation, because your petition, which is your sworn testimony, already included the declaration that you have not been convicted of anything above a Class C misdemeanor.  Of course, if you have convictions of above a Class C misdemeanor, it'd be best if you do include a background check.
** [https://www.facebook.com/groups/239080616277407/permalink/668048436713954/?comment_id=668127683372696 Travis County does not require a background check] neither for [https://www.facebook.com/groups/239080616277407/permalink/668048436713954/?comment_id=668087260043405&reply_comment_id=668125513372913 a name change nor a gender marker change].
**  Some counties e.g. [https://www.facebook.com/groups/239080616277407/permalink/668048436713954/?comment_id=668127683372696&reply_comment_id=668129096705888 Houston/Harris] and [https://www.facebook.com/groups/239080616277407/permalink/668048436713954/?comment_id=668127683372696 Dallas] [https://www.facebook.com/groups/239080616277407/permalink/668048436713954/?comment_id=668075960044535 requires a criminal background check] for a name change.

=== What will you need to do? ===
These are the general steps.  '''See the [[#Information specific to each Texas county|county-specific section]] for instructions specific to your county, if any.'''
# Beforehand:
## Get physician's letter.
## Write your name and/or gender marker change petition.
## Get fingerprinted and get fingerprint card.
## Optional but HIGHLY recommended: have the Law Library (see above) review your forms for free.  They will ensure everything is correct.
## Go to district court and file petition.  (This will give you a case number which you will need for the next step, making an appointment.)
## Find the judge who is on duty for [[Glossary#uncontested_dockets|uncontested dockets]], and call or email their court operations officer to ask for an appointment with the judge.
# Day of your appointment:
## At appointment time, appear in front of a judge in their chamber, who will look at your documentation, maybe ask you questions, and decide whether to grant your petition.
## After your petition is granted (why wouldn't it be? :) ), go to the Court Clerk's office and [[FAQs#How many certified copies of the petition should I get?|get certified copies of your petition]].

=== Where will you need to go? ===

Legally, you can file your petition for name/gender marker change in any Texas county, not just the county of your current residence, but [https://www.facebook.com/groups/239080616277407/permalink/567435510108581/ some judges may misread the statute to require petition be filed in the county of residence].

=== How To e-File ===
Follow instructions in this document: [[Media:E-Filing Instructions for Travis County.pdf|E-Filing Instructions for Travis County]].

=== How much will you have to pay? ===
* Name change filing fee in Travis County is $293 if paid in cash.
** If you are not able to pay, depending on your income, you can file to have the fee waived.
** Bring cash or check: there is an additional 3% charge ($301.79 total) if paid with a debit/credit card.

* Gender Marker petition does NOT have a filing fee

* Notary fee for Name Change form: varies
** The Law Library (see above) will notarize your reviewed forms for free.

* Gender Marker petition does NOT need to be notarized

* Fingerprint card cost varies
** Passport Express charges $18.94

== Common Problems & Issues ==

=== Changing name and gender marker in a different county from one's county of residence ===

The Family Code (Tex Fam Code 45.101) says ''"An adult may file a petition requesting a change of name in the county of the adult's place of residence."'' Note the law uses the word ''"may"''. If one ''"may"'' perform an act, it is permissive, which suggest that they ''"may"'' also file somewhere else. This is a standard rule used when interpreting statutory language.

However, as the statute does not mandate that name change be allowed anywhere, a judge can (and some have) deny a name change/gender marker change petition on the grounds that the petitioner lives in a different county.

So what to do if you run into this problem? Rule #1 be polite to everyone in the courthouse without exception.

If the person telling you that you can't file the name change is in the clerks office, VERY POLITELY ASK they that accept your filing and allow you to present your request the judge to consider your petition.

If the person telling you that you must file the name change in your home county is in the Courtroom, or is on the Judge's staff, very politely point them to the language of 45.101 and note that it is permissive and ASK them to allow you to present your petition . If they say no, thank them and ask that your case be continued and retained and try again in a week or two.

=== Fingerprinting ===

You need to get a fingerprints card before going to court.  There are services around Austin that will verify your identity (you need to bring ID), fingerprint you, and give you a fingerprint card to take to court. 

Austin Police Department provides fingerprinting for a nominal fee, but hours are very limited. More information here: http://austintexas.gov/faq/where-do-i-get-my-fingerprints-done

=== [[FAQs]] ===

* [[FAQs#How many certified copies of the petition should I get?|How many certified copies of the petition should I get?]]
* [[FAQs#Do I have to get a background check?|Do I have to get a background check?]]

== Information specific to each Texas county ==

Information on venue, friendly/hostile judges, etc. by county.

* [[Bastrop]]
* [[Dallas]]
* [[Harris]]
* [[South or West of Texas|South Texas or West Texas]], but "''not Midland/San Angelo over Dallas & North of there, and not Houston area / East Texas''".
* [[Tarrant]]
* [[Travis]]
* [[Williamson]]

== Files & Sample Documents ==
* Physician's letter:
** [https://transgenderlawcenter.org/wp-content/uploads/2016/11/id-please-quick-guide-to-changing-federal-documents.pdf#page=6 Sample physician's letter] from the [https://transgenderlawcenter.org/ Transgender Law Center].  This conforms to the [https://travel.state.gov/content/passports/en/passports/information/gender.html U.S. Department of State's requirements for physician's letter] used to [[Texas_Name_and_Gender_Marker_Change#Passport|change one's gender on his or her passport]].  The specific policies governing the change of gender on a passport are available in the [https://fam.state.gov/fam/07fam/07fam1300apM.html|Foreign Affairs Manual].  (The exact language is located in Exhibit 1, located at the bottom of the linked page.)  7 U.S. Dep't of State, Foreign Affairs Manual § 1300 ''et seq.'' Appx. M, Ex. 1.
** [http://tpride.org/resources/_doc/template01_physicianLetter.pdf Physician Letter Template], from [http://tpride.org/resources/documentation.php Trans Pride Initiative].
** [[Media:20140702 physician letter NguyenAnna.Transdenderletter2 REDACTED small.pdf|A trans feminine person's physician's letter]].

* Petition:
** [http://tpride.org/resources/_doc/template03_nameGenderMarkerPetition.pdf Name and gender marker petition], from [http://tpride.org/resources/documentation.php Trans Pride Initiative].
* Court order:
** [http://tpride.org/resources/_doc/template04_nameGenderMarkerOrder.pdf Name and gender marker order], from [http://tpride.org/resources/documentation.php Trans Pride Initiative].

* Gender Marker & Name Change Kit
** [https://lawlibrary.traviscountytx.gov/images/pdf/TC-FM-GI2-Kit-001-Adult-Gender-Name-Change-Forms-May2018.pdf Gender Marker & Name Change Kit], from The Travis County Law Library (May 2018)

* Fee Waiver:
** [https://texaslawhelp.org/sites/default/files/tx-pr-pay-112_scot_statement_of_inability_to_pay_court_costs.pdf Fee Waiver], from [http://texaslawhelp.org/ Texas Law Help, texaslawhelp.org].

== What else will need to do post-change ==

There is no specific order by which to change your driver's license and your Social Security information.  People have reported success changing either one first.

=== Driver's license ===
Bringing your court orders for name & gender marker change is sufficient to get your driver's license updated at any DMV.

=== License to Carry ===
Your existing Texas concealed handgun license can be updated with form LTC-70. You can upload or send a copy of your court order to meet the documentation requirement. The LTC photo will be updated with your new driver's license photo, so there is no need to submit a new one. LTC-70 does not, however, include a field for sex. You can try to include a note with the paperwork and a copy of your updated driver's license, but a call or online message to the office to correct the "sex" field may be required. 

=== Social Security ===
The Social Security Administration (SSA) has a specific procedure for changing your name and gender. You can make these changes either
in person at  your local SSA office or by mail.

The National Center for Transgender Equality has a thorough [https://transequality.org/know-your-rights/social-security resource with information on Social Security for transgender people]. 

Here are some helpful links on the SSA website:
* [https://faq.ssa.gov/en-us/Topic/article/KA-01981 How do I change or correct my name on my Social Security number card?]
* [https://faq.ssa.gov/en-us/Topic/article/KA-01453 How do I change my gender on Social Security's records?]
* [https://secure.ssa.gov/poms.nsf/lnx/0110212200#b2 RM 10212.200 Changing Numident Data for Reasons other than Name Change] -- If you are making the change in person, it may be helpful to have a copy of this document to show the SSA clerk.

=== [[Passport]] ===
Information on [[passport|changing name/gender on passport is here]].

=== Bank accounts ===

The court order and driver's license with my new name and gender marker were sufficient to change the name of my accounts and credit cards etc. at my banks, Chase and University Federal Credit Union. Several banks, including Bank of America, require a copy of your updated social security card to update the account.

=== Credit history ===
[https://www.bankrate.com/finance/personal-finance/checklist-for-name-change-after-marriage-1.aspx This page has step-by-step] instructions on things someone should do when they get married and change their name.

=== [[Birth certificate]] ===

The Vital Statistics Unit (VSU) of the Texas Department of State Health Services (DSHS) maintains birth certificates and any amendment/re-issue requests go through that unit.  One may have the birth certificate either '''amended''' or '''re-issued'''.  There is additional in the [http://www.dshs.texas.gov/vs/reqproc/faq/Texas-Vital-Statistics-Frequently-Asked-Questions/ DSHS' list of  Frequently Asked Questions (FAQs)].

===== Name Change =====

The Legislature has explicitly granted the DSHS the power to '''amend''' the name on a birth record.  [http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.192.htm Tex. Health & Safety Code § 192.010] (West 2010) ("[A]n adult . . . whose name is changed by court order, may request that the state registrar '''attach an amendment''' showing the change to the person's original birth record.").  However, as the language indicates, such an amendment is quite literally stapled to the original birth certificate that shows the birth name.  If this is the only change you wish, then it can be done at the [https://www.dshs.texas.gov/vs/reqproc/amendment.shtm DSHS website].  If you are also changing your gender/sex, you can have it re-issued (see below).  Note that there is nothing '''prohibiting''' re-issue of a birth certificate reflecting only a name change, but there is nothing that permits it.

===== Sex Change =====

The Legislature has, perhaps surprisingly, explicitly granted the DSHS the power to '''re-issue''' a birth certificate reflecting a sex change/correction.  The choice of "sex" rather than "gender" is deliberate, as the Texas Health and Safety Code uses the word "sex" and requires that the relevant portion of the court order reflects this language.  [http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.192.htm Tex. Health & Safety Code § 192.011(a)] (West 2010) ("This section applies to an amending birth certificate . . . that completes or corrects information relating to the person's '''sex''', color, or race.").  This section explicitly permits a person to, on request, have a new birth certificate issued that "incorporates the completed or corrected information instead of issuing a copy . . . with an amending certificate attached."  [http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.192.htm Tex. Health & Safety Code § 192.011(b)] (West 2010).

===== Process =====

'''Generally'''

Claire Bow, a trans attorney in Austin, is the expert on this process.  It is apparently possible to have a birth certificate re-issued via mailed-in request, but it appears to be considerably easier to go to the VSU in person.  

'''Personal Experience'''

I needed to get both my name and "sex" changed on my birth certificate, and Ms. Bow advised that I go in person to the VSU and to insist that I need it "re-issued."  I did so and informed the receptionist that I needed to have a birth certificate re-issued.  I was called back to a desk and spoke with a clerk who was extremely helpful and non-judgmental.  The process was somewhat convoluted, but each clerk there appears to know exactly what is necessary to obtain a re-issued birth certificate.  It cost $47 to change the information plus $20 for a copy of the birth certificate.  It arrived to my apartment in Dallas exactly two weeks later.  Just be confident and very clear, and there should not be any problems.

'''Contact'''

I am a licensed attorney in the State of Texas and handled this entire process on my own, though only through the tutelage of Katie Sprinkle and Claire Bow to whom I am eternally grateful.  Please contact me (Jessica Jones) if you have questions or need advice.

'''Form'''

Use form [https://dshs.texas.gov/vs/reqproc/Vital-Statistics-Forms/ VS 170, "Correcting a Birth Certificate"],  from the Texas Department of State Health Services, Department of Health and Human Services.
It was also [https://www.facebook.com/download/513275125826870/Birth%20Certificate%20Form%20VS170%20%28Rev%209.18%29.pdf?hash=AcpPjAPq2cGKeQd6 uploaded to the Facebook group Texas Name and Gender Marker Change] on Dec 11, 2018.

=== Property titles ===

AFAIK, the only way to change one's name on a property deed, short of actually selling one's property back to oneself, is to file a "quit claim deed" with the County Tax Collector office (e.g. Travis).

A quit claim deed is basically a declaration by one person that they "quit all claims" to a property and cede those rights to another person.
In this case, both "persons" are you, with "before" and "after" name. It's the way to update the county's records of who own the property.

The caveat is that that a quite claim deed will be only a matter of record and has no legal authority.
It is meaningless in the eye of the law.
For instance, if one files a quit claim deed ceding rights to a house to one's spouse, one's children can still contest ownership of that house.

In this case, the previous "owner" of title and the new "owner" is the same person, so it's much less likely that there will be any legal issues.

It has been pointed out that this is not necessary. The deed with the dead name on it, plus the court order, plus a photo ID, are sufficient to establish ownership.

=== Other things ===
* Medical and dental insurance; doctors; dentist; pharmacy records.
* Credit cards
* Car title & registration
* Property titles and deeds
* Social media: Facebook, Instagram, Twitter, etc.
* If you are a naturalized citizen, you will want to change name and gender marker on your Certificate of Naturalization.  Follow the [https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartK-Chapter4.html Department of Homeland Security's U.S. Citizenship and Immigration Services]'s guidelines.
* Baptismal records

== [[Glossary]] ==
[[Glossary|Click here for the glossary]].


<br><br><br><br><br>
<span id="footnote1">[1]: The SSA FAQs are here: "[https://faq.ssa.gov/ics/support/splash.asp Help Topics]" / "[https://faq.ssa.gov/link/portal/34011/34019/ArticleFolder/475/KBList.asp?folderID=421 Social Security Number and Card]" / "[https://faq.ssa.gov/link/portal/34011/34019/ArticleFolder/475/General-Questions General Questions]" section of the SSA FAQs.</span>

<br><br>
<span id="footnote2">[1]: There are sometimes Assistant Attorneys General in the room during [[Glossary#uncontested_docket|uncontested docket]], who work for Ken Paxton.  Most of the AAGs are there for child support cases, not political hires in one of the divisions likely to cause issues.  All the same, we want to draw as little attention to these proceedings as possible.</span>