Name & Gender Marker Process

Starting the name and gender change process 

The first step is to fill out the court forms. What forms you need depends on if you are filing as an adult (over 17) and if you have any felony convictions. Packets with all the forms you need can be found here.

 

Where do I file?

You must file your case with the county clerk in the county in which you live. Contact information for the Clerk of Court in your county, visit http://www.in.gov/judiciary/2794.htm.

 

How much does it cost?

As of October 2018, the current filing fee in most counties is $157. If you cannot afford the fee, you can request that the Judge allow you to file for free or a reduced amount. This form is called an Affidavit of Indigency and Fee Waiver Request. If you make a fee waiver request that is denied, please contact the LGBT Project of Indiana Legal Services at 765-423-2703 or lgbtgroup@ilsi.net before you pay a fee.

 

Will my case be public?

Yes. Everything you file in your name and gender change cases are publicly available on https://public.courts.in.gov/mycase. Additionally, the name change law requires that you publish notice of your name change in a local newspaper. If you feel unsafe having your case be made public or publishing in a newspaper, the court rules allow you to ask that the records be sealed (not available to the public) for your safety. This is called a Rule 9 request.

 

What do I file?

You should bring the original of the forms in the packets to the clerk, who will stamp the forms and assign a case number, and give you back a copy of the forms

 

 

Rule 9 hearing or publishing in a newspaper

  • Rule 9 Hearing

If you made a Rule 9 request, the court will have a hearing about this request. Some Counties, such as Marion, will have this hearing the same day as your name and gender marker hearings, while a few others will schedule two hearings.

 

The issue at this hearing is why the court should seal the record and waive publication. You will need to show the judge that you would face a significant risk of substantial harm if your name/gender change was published or made public. To show this, you can tell the judge about any violence or discrimination you have experienced or witnessed, or why you fear for your safety should you be outed as trans.

 

  • Publication in a Newspaper

How publication works and what needs to be published varies from county to county, so you should ask the clerk what the procedure is where you live. Regardless of the process, the notice must appear once a week for three weeks in a local newspaper. The last publication date must be at least thirty days before your hearing date. You should then return this proof of publication to the clerk.

 

 

Name and Gender Change Hearing

When and where will my hearing be?

After you file the paperwork, the clerk will mail you an order letting you know when your hearing is. The hearing will be in the County Court in which you live. The hearing notice will let you know what court and in which courtroom. 

 

What should I bring to the hearing?

  • Indiana photo ID;
  • Original or certified copy of Birth Certificate;
  • US passport, if you have one;
  • Letter from your doctor or therapist about your transition, if you have one.

 

What happens at the hearing?

The Judge gets information from you about why you want to change your name and gender. The Judge will likely just ask you about all the information in your name and gender change petition.

  • Name Change

For name changes, you need to show the Judge that you are not changing your name to avoid creditors.

  • Gender Change

You need to show the Judge that you are changing your gender marker in good faith, which includes to have it match your gender identity. Some Judges want a letter from your doctor showing that you are in the process of transitioning. This is not required by law, but not giving it could cause the Judge to delay your case. If you don’t feel comfortable giving this information to the Judge or you are not medically transitioning, please contact us at 765-423-2703 or lgbtgroup@ilsi.net.

 

What happens after the hearing?

After the hearing, the Judge should sign the Name and Gender Change order you submitted when you started our case, which means your name and gender are legally changed! We recommend getting 2-3 certified orders from the clerk.

 

After your name and gender are legally changed, you should update your name and gender on your IDs as well as with your bank, employer, or any other institution that has your old name.  A guide from Indiana Legal Services abut updating Indiana IDs is available here. For information about updating put of state IDs, please visit the National Center for Transgender Equality’s Document Center.

 

Helpful Links:

Name and Gender Marker Change FAQ

Name and Gender Marker Change Forms

LGBT Law Project

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