If you changed your surname as part of your application for a marriage license, you do not need a court order to make that surname your legal name. The new surname you gave on your marriage license application is your legal surname. If you changed your surname when you got divorced, your new legal name should be included in the Final Decree of Divorce.
The fee is $15 for the DPS and $14. 75 for the FBI, for a total of $29. 75. You can pay via cashier’s check, certified check, personal check, or money order payable to “Texas DPS. ”[5] X Research source Call your local County Court Clerk’s office to find out where to have fingerprints taken. Many Sheriff’s offices and police departments will provide this service. You can also visit the website identogo. com and opt to be fingerprinted at a “Print and Go” location. Select the “fingerprint cards” option. [6] X Research source Mail fingerprints and payment to: Texas Department of Public Safety, Central Cash Receiving, PO Box 15999, Austin, Texas, 78761-5999.
If you do not know which county you live in, you can call your local post office and ask. Online searches can also give you this information. Your county should be listed on your voter registration card, if you have one.
Original Petition for Change of Name of an Adult. This is the form you will fill out to apply for your name change. Order Granting Change of Name of an Adult. This is the form the judge will sign when your name change is granted. Do not sign this form until the judge approves your name change. The Texas Young Lawyer’s Association Guide to Name Changes has examples of these forms. [8] X Research source The University of North Texas has a downloadable PDF copy of the Original Petition for Change of Name of Adult form and the Order Granting Change of Name. The Collins County Law Library also provides copies of the forms. [9] X Research source
Your current legal name and place of residence Your sex, race, date of birth, and social security number The full name you are requesting The reason you are requesting a name change Whether you have been convicted of a felony Whether you must register as a sex offender in Texas Your driver’s license number(s) for all licenses issued within the past 10 years Any assigned FBI number, state ID number, or other reference number in a criminal history record system (or a reasonable explanation of why you cannot provide this information) Any offense above a Class C misdemeanor for which you were charged, or a statement that you have never been charged The case number and the court if an arrest warrant was issued or a charging instrument was filed or presented for any offenses listed in the previous step Fingerprints on a fingerprint card
Do not sign the Order Granting Name Change. This must be signed by a judge first. You can find notaries at most large banks during regular business hours. If you hold an account at the bank, the notary will usually witness and sign your form for free. If you do not have an account, you may be charged a small fee. The Texas Secretary of State has a search feature that can help you find a local notary. [11] X Research source
Once you have made copies, staple the original fingerprint card to your notarized Petition form.
You do not need to make an appointment. Just go to the court during its normal operating hours.
If you cannot afford this fee, you may apply to pay it in installments or request a waiver of the fee. Once you file your petition, a date for your court hearing will be set. You may be able to schedule your own hearing.
The Order must contain all of the information in the Petition. It must also state that your name change is in the public interest and will benefit you. You must attest that you are not changing your name for fraudulent reasons. [15] X Research source In some counties, you will need to pick up your file from the County Clerk’s Office and bring it with you to your court hearing. Check with your Clerk’s office before attending your hearing.
The University of North Texas provides a sample “prove-up” script you can use to prepare your statement. Use respect when addressing the court. The court must grant your name change if you can demonstrate that you are not a convicted felon, are not required to register as a sex offender, and that your name change will benefit you and is in the public interest. [17] X Research source The court may make exceptions for convicted felons or individuals who must register as sex offenders. However, these exceptions are at the judge’s discretion. You may wish to have an attorney help you prepare your petition if any of these situations apply to you. [18] X Research source
You may request a certified copy of the name change order from your court. You may be required to provide this copy for some name change procedures with various institutions (banks, lenders, etc. ).
If both parents agree to the name change, they can sign the name change petition or testify in court to state their agreement. If both parents do not agree to the name change, a court hearing will be ordered. Different forms and processes may apply.
Any name change must be shown to be in the child’s best interest. For example, changing a child’s name because you have adopted him or her is in the child’s best interest, because you want to all have the same family name to build a cohesive family. However, changing a child’s name for frivolous reasons – such as wanting to call your son “Khal Drogo Skywalker” – is unlikely to be proven to be in the child’s best interest.
You can get a form for your child to provide written consent from your local court.
The child’s current legal name and place of residence The child’s date and place of birth The reason the name change is requested The full name you are requesting for the child Whether the child is still subject to continuing court jurisdiction Whether the child is required to register as a sex offender Written consent from a child 10 years of age or older
Do not sign the forms until you have brought them before a notary!
The Verification statement can be obtained from your local court, or you can use the Collins County Law Library sample. [27] X Research source Do not sign the Order Granting Name Change. This must be signed by a judge first. You can find notaries at most large banks during regular business hours. If you hold an account at the bank, the notary will usually witness and sign your form for free. If you do not have an account, you may be charged a small fee. The Texas Secretary of State has a search feature that can help you find a local notary. [28] X Research source
You will need to pay a filing fee. If you cannot afford this fee, you may apply to pay it in installments or request a waiver of the fee.
If your child has been involved in a custody or child support order, you must send a copy of your child’s name change ot the Central Record File at the Texas Bureau of Vital Statistics. [30] X Research source
You can get an “Application for a Social Security Card” from the SSA website or at your local SSA office. You will need to provide documentation of your name change (e. g. , your court order, marriage certificate, or divorce decree). This document must identify you by both your previous and your new name. You must also provide evidence of your age, such as a passport, birth certificate, or adoption decree. You must provide evidence of your identity. This evidence must be current and unexpired. You can use a driver’s license, a passport, or a US State-issued non-driver identity card. The SSA may accept medical or school records for young children. [32] X Trustworthy Source Social Security Administration Independent U. S. government agency responsible for the administration and management of Social Security Go to source
If your name change is due to marriage, bring your original marriage license, divorce decree, or spouse’s death certificate. Texas accepts same-sex marriage licenses and divorce decrees as evidence as of 2015. If your name change is due to court order, bring a certified copy of the court order changing your name. Documentation must either be the originals or certified copies. If your original document is not in English, you must provide a certified translation into English along with the original. A certified translation must be signed and dated by the translator and contain a statement that it is a true and accurate translation.
If it has been less than one year since you applied for a passport, you will not have to pay additional fees. Complete and submit Form DS-5504, along with your current passport, your certified name change document, and a new passport photo. You can find this form online, or print it out from the US State Department’s website. [35] X Research source If it has been more than one year since you applied for a passport and you can use Form DS-82, you can submit that form with your current passport, your certified name change document, and a new passport photo, along with applicable fees. You can use Form DS-82 if you meet certain conditions, including being able to submit your most recent passport, your passport was issued less than 15 years ago, and you were at least 16 when your passport was issued. [36] X Research source If it has been more than one year since you applied for a passport and you cannot use Form DS-82, you must apply in person for a new passport. Bring photo ID, a certified copy of your name change document, evidence of your US citizenship, and a completed Form DS-11. [37] X Research source
Bank accounts Credit cards Loans, leases, and mortgages Car title or house deed Voter registration Medical offices Post office boxes
Physician’s full name Medical license or certificate number The issuing state or jurisdiction of his or her medical license or certificate Physician’s address and telephone number Language attesting that s/he is your attending physician and that s/he has a doctor/patient relationship with you Language attesting that you have had appropriate clinical treatment for your desired gender transition Language attesting the following: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. ” If your gender transition is in process, you may have your doctor attest to that in his or her letter. However, be aware that some jurisdictions in Texas are less amenable to changing gender markers for transitioning individuals. The Massachusetts Transgender Political Coalition offers a template physician’s letter at their website.
Give your reason for your gender change. Gender marker changes are awarded at the discretion of the individual judge. Unfortunately, some districts and counties are more willing to grant gender marker changes than others. Dallas appears to be fairly friendly to transgender petitioners. Attach a copy of your doctor’s letter to this petition.
Be aware that current case law indicates that many Texas officials and judges may be uncooperative in issuing these court orders. Because the order to change your gender is subject to the judge’s discretion, you do not have much legal recourse if the judge refuses to sign your order. [43] X Research source
If you do not have a doctor’s letter, you must provide a notarized, sworn affidavit along with the court order. [46] X Research source There is a fee of $15 to file the amendment. You must also pay a fee of $22 to obtain a certified copy of the amended birth certificate.
Your passport photo must be a reflection of your current appearance. If your transition is complete, you are eligible to receive a full ten-year passport. If you are in transition, you are eligible to receive a two-year passport. This passport can be upgraded to the full ten-year form once your transition is complete. Having a passport is not a requirement to change your other documents in Texas. However, because it is a government-issued form of photo ID, a passport may carry more weight with other officials than other types of ID or documentation. It may also serve to persuade resistant officials or institutions to cooperate with your applications.
To change the name on your driver’s license, bring the certified court order reflecting your name change. It is probably a good idea to bring your amended birth certificate and your doctor’s letter, although these are not specifically required.
