Rebecca (she/her) is an activist who has worked with local legislators and community leaders to advance transgender rights, acceptance, and safety in all aspects of society. She has also recently joined the Client Advisory Board at the Center for Transgender Care at Northwell Health.
As part of my transition, it was essential for me to distinguish between my authentic self and the person I had been pretending to be my whole life. Therefore, in 2024, I decided to change my name, and after considering my options, I chose to execute the process myself and file my court request online.
The purpose of this article is to share my experience and provide some information on the process of changing my name in New York State. Depending on future legislation, policy changes, and your county of residence, there may be a slight difference in my experience from yours.
When I decided to change my name, I was faced with a few options. I can either hire a lawyer to handle this, who quoted me $2500, print out the paperwork and go back and forth to the courthouse in person, or do it online myself on NYCOURTS.GOV (*1). There, you will find instructions on the steps needed to be taken, and the documents and fees that you will need to provide.
When making this decision, please be sure you have ALL the original documentation required. Photocopies, pictures on a cell phone, etc., will NOT be accepted by the court, no matter the option you may choose. Contact the New York State Department of Health (*2) to order a certified copy of your birth certificate if one is needed.
Something else to consider when filing is where you live and where the nearest County Court or Supreme Court is located. The name change petition can be filed in the County Court or the Supreme Court of the county where you live. If you live in New York City, you can file your papers in any New York City Civil Court or the Supreme Court in the county where you live. The Civil Court costs less money than the Supreme Court. (*1)
For my name change, I submitted the court petition online with my updated New York State birth certificate and driver's license reflecting my correct gender. However, I did have to go to the courthouse to have my documents verified for authenticity and an additional trip to receive certified copies of the court order. Each certified copy was an additional $5 for each copy.
Another tip in making your decision is that you should be a little tech savvy and have access to a computer or smartphone, a scanner, a printer, a valid email address, and an internet connection. When filing the name change petition online, you need to print forms, sign and scan them, and upload documents. You will also have to navigate through several different links and have the court petition notarized.
In my experience, the name change process was straightforward because I had no criminal convictions or bankruptcy filings involved, and I am over 18 years old. I am also a resident of New York State. Having said that, there are a few circumstances that may change this process for you. The website explains all of this, as well as what documents are needed and the steps to be taken.
When changing your name, there is an option to change your gender marker, or as the court refers to it as a Sex Designation change. On this page, sex and gender are used interchangeably based on the language used by the office where the papers are filed. (*3).
If any of these conditions exist, there may be additional fees, and it may take the entire process longer to complete. Also, from my experience, changing my gender marker using the New York State Department of Motor Vehicles instead of the Supreme Court gives me control over when it gets changed. If, for instance, you need to change it back or change it from one marker to another again (M to X, or M to X to F, etc.), you may need a court order to make the change. Please consult an attorney for any legal advice or questions you may have.
Once you have all your documentation, it's time to begin. There is a $210 filing fee, which can be paid using a credit or bank card. The first step is to retrieve the court papers from the NYCOURTS website (*4) and fill them out. The forms are displayed in a chart and separated by your location (New York State, New York City). For a standard name change, use the link called Adult Name Change Petition Program (recommended for most) (*4)
An important note: Name change requests can be viewed by anyone because they are public records, but you can ask the court to "seal" your records for your personal safety. This means that no one will be able to find the records of your application, even while the case is pending. (*4)
This page will remind you of the requirements for a name change in New York State and explain what DIY forms are. There is also a link called START: Adult Name Change Petition Program. This will open a new window to a page called Law Help Interactive (*5). You can enter the site as a guest or create an account, or log in. When entering, you must agree to the terms of use and select Start Interview as a Guest. Since there's no auto-save, you'll need an account if you go back multiple times.
This is an interactive page that asks a few questions and assists you in filling out the court documents. There are several phases: 1) Is this program for you? 2) Your Information, 3) Other Cases, 4) Fee Waiver, and 5) Finish. At the 5th step, you have the option to seal your application (*4).
This adds wording to your ORDER FOR INDIVIDUAL ADULT CHANGE OF NAME that specifically states your request. When you print the court documents, you'll see that you're requesting the judge to seal your name-change records.
To finish the application, select Get Document. On the last page, you have the option to download the forms, e-mail the forms, save your answers, or edit your answers. Your answers have not been saved. If you want to save your answers, first, please log in or create a new account by clicking on the 'Save Your Answers' button and then follow the steps below (*5).
I selected download and then printed out all the forms. They include a checklist that names each document and the action taken to complete the process. On page 2 of 2 in the instruction section, there is a website for using the courts' online e-filing system. We will be using that site after we get our court documents printed out. Some documents need to be signed, dated, and/or notarized before being submitted. While for others, no action is necessary.
The first document in the set is titled PETITION FOR INDIVIDUAL ADULT CHANGE OF NAME and it has information regarding your name change. Your name, where you live, where you were born, etc., will be displayed in a numerical list. These are all the answers to the interactive questions and will be submitted to the court. So, please verify all the information is correct before proceeding.
This document needs to be signed and notarized.
The second document is the ORDER FOR INDIVIDUAL ADULT CHANGE OF NAME. There is NO action required for this document. This is the actual document the judge will fill out and sign if your name change request is approved.
The third document is called REQUEST FOR JUDICIAL INTERVENTION and needs to be signed and dated. This document requests the court to intervene and review your name change petition.
The fourth document is a user survey, which you may choose to file with the court.
Now that you have your identification, documentation, and court papers, it's time to file your name change petition using the courts' online e-filing system. The website to use is NYCOURTHELP.GOV/EFILE, as listed on page 2 of the instructions’ checklist (*6).
On this webpage, there is a reminder of the required documentation and court papers, and a link to create an account with the New York State Unified Court System (*7). During this process, you will receive a lot of emails from efile, and the subject is NYSCEF. Make sure they do not get delivered to your spam or junk mail folders.
Once you’ve created an account and you are logged in, you will see a homepage with several groups displayed in the center of the page. They are called FILE DOCUMENTS, CASES, RESOURCES, and MY ACCOUNT. Under the cases section, select my cases and file your petition to the court.
The petition is the first document in your printout and is called PETITION FOR INDIVIDUAL ADULT CHANGE OF NAME. It can be identified by the numerical list of your answers to the questionnaire, and it’s the document that needs to be notarized. Once you file this document, you will receive a court case number. From this point, you will refer to your case by this number, so keep it handy.
Now that you have your case number, log back into the New York State Unified Court System (*7), and from the homepage, select search and enter your court case number. Once your case is opened, you can upload the rest of your documents.
This is VERY important. Make sure you upload your documents to the correct classification. The next document is the ORDER FOR INDIVIDUAL ADULT CHANGE OF NAME, also known as ORDER (PROPOSED). You are “proposing” a name change to the court. There are several different “orders” you can upload. So, it's important to select “proposed.”
The third document to upload is the RJI, which stands for Request Judicial Intervention and needs to be signed and dated. This document is a request to the court to accept your name change petition.
An easy thing to remember is that there are 3 main documents: the PETITION, the ORDER, and the REQUEST. You are petitioning the court for a legal name change and seeking authorization for this request. You will only receive the final order once the process is complete. The other documents remain with the court.
Finally, each piece of identification must be uploaded separately and under the category EXHIBITS. This includes your New York State driver's license, your New York State birth certificate, and any other documents, such as judgments, divorce or child support documents, court orders, marriage certificates, etc.
Once your documents have been uploaded, you will receive instructions on how, where, and when to bring your documents to the courthouse for verification. While there, your documents are inspected for embossed seals, etc., then photocopied and logged into the record by a court clerk.
The waiting process could take anywhere from a few weeks to a few months. When I filed my name change petition, the process took roughly 2 weeks from the time I received my court case number until the order/judgment was recorded into the record.
The final step is to obtain certified copies of your court order. This is going to be the document titled ORDER FOR INDIVIDUAL ADULT CHANGE OF NAME. However, it will have all the blank lines from the original document filled in and signed by the judge and some other court notations. When you get a certified copy, it is this document with additional stamps and signatures of certification, and the most important element, the embossed stamp from the Supreme Court.
You will need this document, along with your New York State birth certificate and your current New York State driver's license, to get your new driver's license. Be sure and change the name on your New York State car registration while there and your insurance carrier, too.
You’ll also need to change your name with your cell phone provider, Social Security, all bank accounts, subscriptions, and health insurance policies. This certified court order is also needed to obtain a new passport, so getting a few copies from the court is a good idea.
If you need any assistance with this process, the Transgender Legal Defense and Education Fund (tldef.org) is an excellent resource. TLDEF's Name Change Project provides pro bono legal name change services to low-income transgender, gender non-conforming, and non-binary people through partnerships with some of the nation’s most prestigious law firms and corporate law departments.
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