Title

TransForm Name and Gender Change (FAQ & Court Forms)

Author

By: Montana Legal Services Association (MLSA)

Description
** Disclaimer (Updated on 2/23/24) **

Right now you cannot use these forms to change your sex marker on your birth certificate. We will update this page when a final ruling is made.
File
Resource Information

On This Page:

Summary

** Disclaimer (Updated on 2/23/24) **

Right now you cannot use these forms to change your sex marker on your birth certificate. We will update this page when a final ruling is made.

Summary

Please note: If you are an immigrant, we strongly encourage you to talk to an experienced immigration lawyer before you contact the government.

You may use this legal name and gender change guide if you live in Montana. If you live outside of Montana, you may find some of this information useful. But, this packet talks about the laws and court forms in Montana only. So, it would be a good idea to look for legal help in the state where you live. This guide covers lots of different situations. The guide uses the words “trans” or “transgender” as an umbrella term to refer to a diverse spectrum of people and their genders. Unfortunately, there are not many official identification documents that recognize gender identities outside of the binary. You can use this packet to change your name if you identify as nonbinary, but you might not be able to get gender-neutral or nonbinary markers on many government documents. We’ll talk more about this and other specific situations in the Frequently Asked Questions section. 

You can change your documents in any order, according to your needs. But, you can’t legally change your name without a court order. We start with a legal name change. We’ll talk about how to change the following documents in this order:

  1. File a Petition in court to change your name and gender
  2. Change your Montana Birth Certificate 
  3. Change your name with Social Security
  4. Change your driver’s license 
  5. Change other government documents as necessary, like: 
  • Public benefits records
  • Consular Reports of Birth Abroad
  • U.S. Passport
  • Information with U.S. Citizenship and Immigration Services
  • Military Services Records
  • Selective Service
  • Financial records 
  • School records
  • Other records 

This resources is divided into several sections. You can use the hyperlinks to the skip to any section.

Frequently Asked Questions

Why is this process such a pain? 

There is no “one-stop” process for getting your name and/or gender marker changed. This is because different agencies issue different identity documents, and each agency has different requirements for correcting records. This guide has information to help you work through a complicated system for changing your documents with many different agencies. 

What are some words I need to know?

A petition asks the court to change your/your child’s legal name and/or gender. A petitioner is someone who files an action in court. If you are asking the court to change your child’s name and gender, you are the petitioner.

A minor child is a person who is under 18 years old. 

A gender or sex marker is the letter on someone’s identification documents that indicates their sex or gender. For example, “M” is the marker for “male” or “man” on many official identification documents, such as a driver’s license.

An Affidavit in Support of Petition for Change of Name and Gender is a sworn statement of facts that support why the judge should grant you a name and gender change. An Affidavit of Parent/Guardian in Support of Petition for Change of Name and Gender tells the court that the parent(s)/guardian(s) agree that the child’s name and gender should be changed.

The Order Granting Petition for Change of Name and Gender will be filled out by the judge. The order will grant your/your child’s name and gender change and will order changes to your/your child’s birth records. The Order will tell you whether the judge is going to seal your record. 

An Order Setting Hearing will be filled out by the judge and will tell you when and where your hearing will be held. The judge will schedule a hearing if the other parent doesn’t agree to the name and gender change of their minor child. 

A Statement of Inability to Pay asks the court to waive filing fees in your case. If you can’t afford to pay the filing fees, ask your clerk of district court for an affidavit of inability to pay. This form may be called something else in your district.

A sealed record means that all court papers relating to your/your child’s legal name and gender change will be kept from the public. The court will keep your/your child’s papers in a file and will not let anyone else see them. 

To “serve” is to make a legal delivery of a document or notice. For example, if someone is supposed to appear in court, they will be “served,” or delivered, a document notifying them that they need to appear. There are many different ways that someone can be served with a notice. If the court mails the notice, then that person is being served by mail. If a person is supposed to be appear in court but cannot be located, then they will be served by publication, meaning that a notice of the hearing will be put in the local newspaper.

Can I correct my gender marker if I haven’t had a gender-affirming surgery? What if I’m not on hormones? 

In Montana, you do not need a gender-affirming surgery or hormone therapy to correct your gender marker on documents issued by a state agency. Instead, you’ll have to sign an affidavit. An affidavit is a statement that you swear to be true. You must sign the affidavit in front of a Public Notary, and your affidavit must state the following:

  • You have undergone gender transition or are intersex;
    • Note: In Montana, there isn’t a definition of gender transition. This means that you could be anywhere in your process of affirming your gender.
  • Your birth certificate should be corrected to match your gender; and
  • You are not changing your gender marker for any fraudulent or unlawful reasons. 

However, for some federal documents, you will need a doctor’s letter saying you are trans and that your doctor has helped you transition with healthcare assistance.  

      

Can I get a gender-neutral marker?

Unfortunately, there aren’t many documents that you can change to have a gender-neutral marker, like an “x” or “-.” As of 2020, you are not able to get a gender-neutral marker on:

  • Montana-issued IDs,
  • A U.S. Passport,
  • Immigration documents, or
  • Social Security records. 

We hope that state and federal agencies will soon update their systems and processes to recognize and affirm the diverse gender variance and identities beyond the binary.

If I am under 18 years old, can I still use this guide?

Yes. You can use this guide if you are an emancipated minor or if you have the approval of your parent(s) or guardian(s) during the court process. Legal emancipation is a process that sets a person free from some legal restrictions of a minor. But, you must also take on certain legal responsibilities. You can learn more by reading our article on emancipation. If you are not emancipated, your parent(s) or guardian(s) will need to correct your documents on your behalf. Look to the next section for guidance.

If I am changing my minor child’s documents, can I use this guide? 

This guide assumes that the person who is reading it is the same person who is correcting their identification documents, but all of the information presented in this guide can be used by a parent or guardian who is helping their child affirm their gender. There is a legal process for parents and guardians who are helping their minor child change their name and/or gender. As a parent or guardian, you will need to file the court paperwork. If you are a guardian, you will need to file additional forms to show the court that you are your child’s legal guardian. 

If your child has two parents or guardians, it’s best if you both can sign the petition. If only one of you can sign the petition or agrees to sign, then the other will have to be served a copy. The other parent or guardian still has the right to participate in the court process, even if they do not agree. If there is another parent or guardian who is alive and has parental or guardianship rights of your child, but you don’t know where they are located, you will need to publish a notice of your child’s petition in your local newspaper, unless you feel as though the safety of your child would be jeopardized by such publication. You can find the laws that talk about bypassing a newspaper publication at 27-31-201, MCA. You do not need to get permission or serve a copy of the petition to another parent or guardian if a court has terminated their parental or guardianship rights. 

In what order should I change my documents? 

There isn’t one correct order for changing your documents. The order we change documents in this packet is just one possible order. We chose this order because it’s often easiest to get your court order first, since changing your name and/or gender on other records most often requires a court order.

Can I keep my birth name and assigned sex at birth confidential? 

Even after correcting all of your identity documents, it can still be hard to have complete control of information about your identity. For example, someone could find out your previous legal name through a background check or a credit report, or you may be required to disclose your prior legal name in a court proceeding. The bottom line, unfortunately, is that it’s hard to ensure that your personal information will stay entirely confidential. But, it’s also possible that it will never come back up — it just depends on individual circumstances. 

Do I need a court order to correct the gender marker on my IDs? 

No. You don’t need a court order to correct the gender marker on any forms of ID issued by Montana or the federal government as of 2020. But, this could change, and there are other reasons why you might want to get a court order changing your gender. You may need a court order if you were born in a state that requires one to correct the gender marker on your birth certificate. You can check the National Center for Transgender Equality’s ID Documents Center to see if this is true for your birth state. Also, asking the court to issue an order changing name and gender isn’t more expensive or lengthy a process than asking for only a name change. So, if you’ve already decided to ask for a court order changing name, you may decide it’s worth getting a joint legal name and gender change. Also, you can use a court order changing your gender in place of a doctor’s letter to correct your Social Security information. However, if you’re only correcting the gender marker on your documents, and you were born in a state that doesn’t require a court order changing your gender to correct your birth certificate, it may not be worth the expense and delay to get a court order. Still, some people may choose to get a court order because they want the extra documentation for security. In any event, the decision is up to you.

How do I correct my gender marker on my IDs without a court order? 

In Montana, there are two ways to correct your gender marker on your birth certificate without a court order. The first way is to mail two completed forms to the Office Vital Records. You’ll need to complete a:

  • Correction of a Vital Record - Affidavit
  • A gender designation form. 

The Correction of a Vital Record - Affidavit is a sworn statement that:

  • You have undergone gender transition or have are intersex (note: in Montana, there isn’t a strict definition of gender transition), 
  • Your birth certificate should be corrected to match your gender, and
  • You are not changing your identity documents for any fraudulent or unlawful reasons. 

The Gender Designation Form asks for similar information to that on Affidavit. 

The other way to change your gender marker is to use the Correction of a Vital Record - Affidavit and a government-issued ID with your gender identity. But, there isn’t a clear process for getting a government ID with your gender identity without also having a court order. 

Can I get a confidential court order? 

Yes. In Montana, you can ask the court to seal your/your child’s records. Sealing a records means that all court papers relating to the legal name and/or gender change will be kept hidden from the public. The court will keep all of the legal papers in a file and will not let anyone see them without a court order. If the court decides to seal your/your child’s name and/or gender change, you also won’t have to publish a public notice before your hearing. To seal the record, you have to show the court that:

  • A public record and notice could put your safety at risk, and
  • You are not trying to hide a criminal record or avoid a debt. 

You can find the laws that talk about sealing court records for a name change at 27-31-201, MCA. MCA stands for Montana Code Annotated. 27 is the Title number. 31 is the Chapter number. And, 201 is the Section number. Most court documents are part of the public record by default. This means that if you don’t ask the court to seal your record, someone could look at all of the court documents you filed. 

How much does a court order cost? What if I can’t afford to pay? 

In Montana, there are fees for filing certain court documents. In 2020, the fee for filing a Petition for Name and/or Gender Change was $90.00. There may be other fees as well. If you can't afford to pay the fee, you can ask the judge to allow you to file your paperwork without having to pay the fee by filing a "fee waiver" form. After you complete the fee waiver form, you must give the fee waiver to the court clerk where you’re filing your petition. The official name for the fee waiver form is "Statement of Inability to Pay Court Costs and Fees." You can ask for the clerk of court for the fee waiver form or find the form on this website.

After you file the fee waiver form, the judge will review it to decide whether you have to pay the fee. It may take the judge a day or two to make that decision. The court clerk might not let you file your petition until after the judge makes a decision about your fee waiver. If it is denied, the court will let you know how they want you to pay the filing fee. If the court needs more information to decide whether to grant your request for fee waiver, they may schedule a hearing. The clerk of court will let you know when and where the hearing will take place. There are multiple ways to qualify for a fee waiver: 

  • If you receive certain public benefits, such as SNAP (food stamps), SSI (Supplemental Security Income), cash assistance, Medicare, Medicaid, TANF, or LIEAP, you are automatically eligible for a fee waiver. 
  • If you are incarcerated in prison or jail, you may qualify. An incarcerated person cannot be prohibited from filing a civil complaint because of lack of assets or money to pay the initial fees; however, courts are required to dismiss such complaints if the person fails to pay the partial (or full) payment determined appropriate after review of the incarcerated person’s trust fund.
  • If you are represented Montana Legal Services Association, or if you are represented by a volunteer/pro bono attorney and are financially eligible for free legal services, you are eligible. (You must attach a certificate of eligibility from a legal aid organization to your fee-waiver request form.)
     

What if I am not a U.S. citizen?

It is a good idea to talk to a lawyer experienced in immigration law before moving forward with a legal name and/or gender change. There are situations where applying for corrected immigration documents could lead to you getting put into deportation proceedings. You do not need to be a U.S. citizen or permanent resident to get a Montana court order changing name. The courts aren’t allowed to deny you access because of your immigration status. But, if the court treats you differently because of your status, talk to a lawyer right away. To correct your immigration documents, you will need a court order changing name. You should correct your immigration documents before changing your Social Security Administration records.

What if I was born outside Montana?

In general, states must honor other state’s court orders. So, if you were born outside of Montana, that state should accept a Montana court order changing name and gender when you correct your birth certificate. Texas, however, has different rules and will only accept a court order that says “change of sex.” Texas does not accept orders that say “change of gender.” If you were born in Texas but are filing in Montana, it’s a good idea to cross out “gender” on your court forms and write in “sex” before you file. The edited forms are still legally binding as long as the judge signs them. 

What if I have changed my name before? 

If you have changed your name before, it’s a really good idea to list your previous legal name(s) in your name change petition wherever the form asks for your current legal name. You can list former legal names as “FKA” or “Formerly Known As.” This is especially important if you would like to correct your birth certificate. You may also want to list any other names/aliases you have used for official purposes that weren’t your legal name, such as a name you went by earlier in life that is on a rental lease. Vital records agencies in many states are picky about the way names are listed on court orders. They often won’t correct a birth certificate unless the name on the birth certificate matches the former legal name on the court order. If you have changed your name before, we strongly recommend that you speak with an attorney, since the process may be a little longer or more complicated.

Steps for Getting a Court Order Changing Name and/or Gender

Step 1: Find and fill out the appropriate forms for your situation 

To get any court order, you must first complete the basic paperwork. If you are a minor seeking a name and gender change (or a parent helping your child), you can find the packet of forms and instructions on this website. We've also posted links to the forms in the Take Action section at the end of this article. This packet includes the following forms:

  • Statement of Inability to Pay Court Costs and Fees,
  • Petition for Change of Name and Gender of a Minor Child,
  • Affidavit of Parent/Guardian in Support of Petition for Change of Name and Gender,
  • Notice of Hearing on Change of Name and Gender of a Minor Child, 
  • Order Granting Petition for Name and Gender Change (Montana),
  • Order Granting Petition for Name and Gender Change (Texas), and 
  • Order Granting Petition for Name and Gender Change (Other States).

There are three orders provided at the end of the packet because part of the order asks for a new birth certificate to be issued based on which state you were born in. If you were born in Montana, you would fill out only the first order provided in the packet. If you were born in Texas, you would fill out only the second order. And, if you were born in a state that is not Montana or Texas, you would fill out the third order only. The reason there is an order for Texas specifically is that Texas has different rules and will only accept a court order that says “change of sex.” 

If you are a minor seeking a name change only (or if your child is seeking a name change only) please contact Montana Legal Services Association at 1-800-666-6899 or our website at www.mtlsa.org. The Montana Courts’ website has a forms packet for a legal name change of a minor, but please note that these forms do not ask the court to seal your record. If you are comfortable pursuing a name change without your record being sealed (in other words, posting in your newspaper that you are seeking a name change and having your records be made public), then please feel free to use the forms packet provided by the Courts online. However, if you would like to have your record sealed, or have any questions, then please contact us for help. 

If you are an adult and are seeking a legal name and gender change, you can find the packet of forms and instructions on this website. We've also posted links to the forms in the Take Action section at the end of this article. Similar to our packet for minors, this packet includes the following forms:

  • Statement of Inability to Pay Court Costs and Fees,
  • Petition for Change of Name and Gender,
  • Petitioner’s Affidavit in Support of Petition for Change of Name and Gender,
  • Notice of Hearing on Change of Name and Gender, 
  • Order Granting Petition for Name and Gender Change (Montana),
  • Order Granting Petition for Name and Gender Change (Texas), and 
  • Order Granting Petition for Name and Gender Change (Other States).

As stated above, there are three orders provided at the end of the packet because part of the order asks for a new birth certificate to be issued based on which state you were born in. If you were born in Montana, you would fill out only the first order provided in the packet. If you were born in Texas, you would fill out only the second order. And, if you were born in a state that is not Montana or Texas, you would fill out the third order only. The reason there is an order for Texas specifically is that Texas has different rules and will only accept a court order that says “change of sex.” 

If you are an adult and seeking a name change only, the Montana Courts’ website provides a forms packet that you can use. You can find this packet at www.courts.mt.gov. This packet includes the following forms:

  • Petition (under Sealed Record),
  • Order Sealing Record and Setting Hearing, and
  • Order Changing Name (under Sealed Record).

We unfortunately do not have a forms packet for legal gender change only. However, we may still able to help you through this process of affirming your gender, so if you are an adult or minor (or parent helping your child) seeking a gender change only, please contact us at 1-800-666-6899 or at www.mtlsa.org. 

Regardless of which forms you are filling out, keep in mind that when you are asked to list your “current” name, that generally means the name you were given at birth. If you have legally taken on a new name through a court order, marriage, or adoption, you should list that name as your “current” name, but also include your birth name as an “FKA” (Formerly Known As). You should also list this name wherever it asks for “Petitioner,” even if you’ve been using your chosen name for many years and have identification in that name. You should also put your chosen name wherever the form asks for “proposed name” or “new name.” 

Note for those formerly incarcerated or with pending criminal matters:

Montana does not require a criminal background check or fingerprinting prior to a name change petition. Montana does require that any sealed name change be granted only if “the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record.” As such, if you do have a record, it’s a good idea to send copies of the petition to the county attorney, Office of Probation and Parole, or Department of Corrections (as appropriate), and then note in your petition and affidavit that you have sent these copies.

Step 3: File the forms at the courthouse 

After completing your forms, you should make two copies of all forms. You may not need this many, but it is good to have copies just in case. Then, file at the district court in the county where you live. Unless you are submitting a request for a fee waiver, you should expect to pay your filing fee when you submit your paperwork. If you are submitting a request for a fee waiver, you will either be told on the spot if your fee is waived, or you will be informed by mail. If the fee is not waived and you disagree with the decision, you can ask to speak to the judge and explain why you need a waiver. When you file your forms, ask the clerk for the date you can expect to have a ruling on the name/gender change petition, how you will be notified of the ruling, and where you will be able to pick up the signed order and obtain certified copies.

You might be able to file your petition for name and/or gender change by mail instead. To do this, you will need to submit your forms and additional copies, a check for the fee amount (or your request for a fee waiver), and a self-addressed return envelope with postage paid. If you would prefer to file by mail, you should call the Clerk of District Court to confirm that you can file by mail and confirm that you are mailing all the necessary documents. 

Note for petitions for minors who have at least one living parent or guardian who is not signing the petition: 

If you are filing for a name and/or gender change of a minor, and only one parent or guardian is signing, you must “serve” the court documents to the other parent or guardian. If the other parent or guardian lives in the same county as you, you can ask the sheriff to serve the documents. The sheriff’s service fee is waived if you get a waiver of fees and costs. If the other parent or guardian lives outside of your county, you can contact the Sheriff’s Office of the County where they live to have the documents served. You can also serve by mail. If you are unable to serve by mail or with the sheriff, you will have to serve by publication, unless you request that your child’s records be sealed. You can find the laws that talk about sealing court records for a name change at 27-31-201, MCA. 

Step 4: Attend the court hearing, if required 

Adult petitioners will generally not have to attend a hearing if (1) the judge has sealed your record, (2) no one has contested your name and/or gender change, and (3) you checked off on your petition that you are waiving your hearing. While the clerk is supposed to contact you if a hearing is scheduled and you are required to attend, it may still be a good idea to call the clerk to confirm. 

For minors, a hearing will only be scheduled by default if the minor has at least one living parent or guardian who doesn’t sign the petition. If the non-signing parent or guardian doesn’t file a written objection with the court before the hearing date, the court will generally grant the petition without a hearing. Call the court two days before the hearing is scheduled to see if you must attend. Any non-signing parents or guardians must be notified (see Step 3 above), but a hearing may not be scheduled unless an objection is filed within twenty one days of the petition being served, not counting the date of service. You can find the la

Take Action

Legal Forms

Legal Help

Tribal Court 

ID
Find more resources using our interactive Legal Guide.
Last Updated

Last review and update:

Related Resources
Related Resources

What is a Name Change?

By: Montana Legal Services Association (MLSA)

Learn pros and cons to formal and informal name changes. Find free court forms for a formal name change.