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Washington State name change for transgender people
Disclaimer: This is legal talk, not legal advice. Laws vary by state, and
some of the information discussed on this page may not be applicable in your
case. I cannot guarantee the accuracy of this information and provide it without
warranty. Laws change and this information may contain errors and omissions.
It is up to you to confirm any information herein by doing your own research.
A reader writes in August 2008:
I recently went through the process myself. I am a resident of Washington state and, as per your website, it was easy. I did have to go in front of a judge. I even got to waive most of the fee. In King County, it usually costs $110 total for filing. Because I am low-income, all I had to do was state that I have Social Security and then list my income and my expenses. All I paid for the whole deal was $42. I was in and out, same day, no problems.
However, I do want to caution others who might want to do as the website suggests. You do have to swear in court, under penalty of perjury, that you are a resident of the county in which you are applying for the name change. I am not versed in the entire legal language on this topic, nor am I a lawyer. I thought that I would bring this up so that you would know that there could be complications if someone were to try an out-of-state name change in Washington and they were discovered to be a non-resident. I would really hate to see anyone get in trouble. All states should make it this easy to change a name, but states have individual rights, and some make it harder on its citizens than others. I don't want to see anyone expend all the effort and money on this kind of endeavor only to be thrown in jail. Transfolk have it hard enough.
I thought I'd pass this information along. I hope that it can help.
In January 2007, I received the following:
I am a transsexual who recently went to do a name change in the state of washington. On TS road map page on name change in King County, it tells readers that they can get their name changed at the Shoreline and
Bellevue court houses with out even appearing in front of a judge. This is false as I did this today January, 9th 2007 at the Bellevue court house and I did have to appear before a judge. Was kind of a bummer as I was hoping the information written there was correct, and I am writing to update that information that some thing has changed and now you do have to appear before a judge and present to him/her why you want to change your name. I could not figure out how to reply to this post the Transsexual roadmap site, so I was hoping you could tell me how or update the info on that page for me. Just want other trans to know that this has changed since that post was made, so they will not be dissapointed like I was.
In June 2003 a reader sent the following:
Back to the matter at hand. Below is a brief description of what I went through
to change my name and driver's license (including the gender on it). If it needs
any clarification, I can do that. Anne has a similar article on her main page,
but it is beginning to show its age. Washington State name change for transgender
women
1. Start the process
The general description of the process is available at:
http://www.courts.wa.gov/selfhelp/index.cfm?fa=selfhelp.display&fileID=namechg
The main step is to identify your local district court. The procedure, forms,
and fees vary from district to district. Some districts have most of the information
online. For example, King County name change guidelines are available at:
http://www.metrokc.gov/kcdc/ncinfo.htm
Call ahead and determine what days name changes are performed. The clerk
will probably tell you that if you file by a certain time in the morning,
you will appear before a judge that afternoon.
2. Take care of pre-hearing procedures
It is not required for you to have a recommendation letter from your therapist
to change your name (the judge did not look at mine when offered). You DO
need one for changing the gender on your driver's license, so you might as
well get several copies.
3. Go to court
Go to the clerk's office in female attire and file your name change application
(possibly filling it out there). You will have to show ID, pay the filing
fees, and with some likelihood, be stared at by the clerk. Regarding fees,
go ahead and pay for about four certified copies. Although many places I sent
them to returned the copies, at one point I had four in the mail.
The clerk will give you a court time, usually for that day. I filed around
9:30am and my session was not till 1:30pm. I spent the time walking around
downtown Seattle and enjoying a day off. Get back to the court with time to
spare since there is always a chance the room and judge may change (two dockets
were combined when I did my name change).
It is likely that you will have a long wait till you are called before the
judge. Wait patiently till your MALE name is called. Some courts are nice
and will call your intended name, but this is not guaranteed. I was called
up by my male name, much to the chagrin of the other people in the courtroom.
The judge will ask you why you are changing your name and will ask you if
you are doing this for illicit means (avoiding crime, debts, etc.). Answer
succintly and offer your recommendation if necessary. My judge constantly
referred to me as "son," and did not need to see my letter. After
about a minute of conversation, he signed the order.
4. Get your certificates
Most likely, the signed name change order will be sent right back to the
clerk. Go to the clerk, identify yourself, and they will give you the appropriate
copies, etc. Congratulations.
5. Change your driver's license
In Washington state, you can change the gender on your license with a recommendation
from your therapist. If your therapist is from the state, he will give you
the appropriate person to contact. The procedure is basically to mail a certified
copy of your name change order plus the recommendation to:
Executive Assistant
Department of Licensing
Driver Services
POB 9020
Olympia, WA 98507-9020
In about a week or two, you will get a letter affirming the gender change.
At this point, you can head to any DMV to get a new license. Bring the letter
and a certified copy of your name change to get a new license with the right
gender, right name, and much better looking picture (all for a nominal fee
of course).
Summary:
All in all, save a few annoyances with the judge and a clerk, the process was
very painless. I was extremely proud to be recognized as a woman by my state.
Another reader writes;
Here’s some notes for Western Washington State name change….
You’ll need to obtain the appropriate forms for your County. These can
either be obtained from your county courthouse, or you can find some of them
online. Additionally, some counties have the procedures listed online.
For some of the more populous counties, the online forms are listed below:
King County
Name Change Procedure: http://www.metrokc.gov/KCDC/ncproc.pdf
Name Change Petition: http://www.metrokc.gov/KCDC/petnc.pdf
Take your name change petition to your local County Courthouse (be sure to put
the
Indicate the courthouse in the petition). Currently, the county courthouses
of Shoreline
And Bellevue will process your name change without requiring a hearing before
the judge,
Simply drop off your petition and pick it up after they process it.
Other courthouses may require a hearing in front of the Judge.
You’ll need a copy of your drivers license, birth certificate, or passport.
Shohomish County
Contact your local district court for a petition for name change.
District Courts: http://www.co.snohomish.wa.us/distcourt/index.htm
Pierce County:
Petitions for name change are filed with the Court and require two forms: Petition
for Changing Name and Order for Changing Name.
The forms may be picked up at the Civil/Infraction Division, 1902 96th St South.
If the name change request is for a minor child, each parent must sign an affidavit
indicating that they both agree and consent to the change. A $82 filing fee
is required. The fee for an additional family member is $34. The additional
costs are for three certified copies, statutory transmittal fee to the Auditor's
Office, and statutory recording fees.
For other counties, contact your local county courthouse (superior court), and
ask them what their procedure is for name change.
Ask them what:
documentation they need.
How much does the name change cost, including extra certified copies of the
name change order.
How long will the procedure take.
Do you need to publish your name change in a local newspaper.
I recommend obtaining at least 4 copies of your name change order…One for
your ‘safety deposit box’, one for your purse,
one for the Passport agency, and one extra.
If you need to have a hearing, show up on time, with all of the required documentation.
There ya go…you’ve got a name change…
Another reader writes in November 2003
I changed my name in King County, Washington (Seattle) on October 23rd. As
per the information on your website, I filed my paperwork at the Shoreline
courthouse, hoping that I could avoid a court hearing, and get the change
done in a day or two. I was pleasantly surprised when I filed the petition
and order, found here: http://www.metrokc.gov/KCDC/ncproc.pdf and here:
http://www.metrokc.gov/KCDC/petnc.pdf
The clerk was extremely pleasant, took the paperwork, and told me the fee
would be $70 + $5 per certified copy. She stepped away while I gathered my
money, and 2 minutes later handed me the signed order and five certified copies!
I guess that was about as quick and painless as it gets!
My court ordered name change and 5 certified copies cost me a grand total
of $95 and 5 minutes of my time, and I didn't even have to appear in court!
I took my court order, the letter from my therapist, and a letter from myself,
stating my intent to live full time, and met with Kristin Partain of WA DOL,
driver services, in Olympia. (MUST set an appointment with Kristin in advance)
Kristin was VERY helpful and understanding, and withing 5 minutes had a letter
instructing Div of Licensing personnel to make the appropriate changes to
my license. At the lobby counter, I had my new picture taken, the information
was changed, and I was out the door in 5 minutes!
The only negative to my experience was that the lady at the social security
office in Kent, WA would NOT change the sex on my social security sex until
I had a letter from a surgeon confirming surgery, so anyone seeking to try
to slide thru social security may want to try another social security office.
Anyway, just wanted to share my experience with you in hope that the information
may be useful to others in the community.
Sent in January 2004
YESSS!!!! I got my new WA State drivers license today - and it says "F".
I can't stop looking at it! I even like the picture for once!
Anyway, an important update to the WA State Department of Licensing information
(I can write this up better if you like).
The Department of Licensing requires a therapist or physician letter from
an in-state practitioner (i.e., a resident of WA). I don't know if
this was a recent change or not.
From a reader in May 2004:
Here is what I had to do in order to legaly change my name in Thurston county
Washington state in March 2003. Things vary from county to county. I can only
tell you what my experiance was.
First you are required to be a resident of Thurston county. All this means
is that you live in Thurston county. There don't seem to be any reqirements
as to how long you have been living in Thurston county.
I went to the court house website and printed out the name change form. In
the section regarding the reason for name change, I gave a compleatly honest
reponse. Given the large volume of trans people here in Olympia I am sure
they have done many name changes for that. In regards to reasons. It seems
that as long as its not for fraud or the like, it doesn't realy matter why
you want the name change.
After filling out the form I dropped by the court house. I turned in the
form along with the $58 filing fee. My court date was set. It was only a few
weeks in the future. I showed up at the court house on the appointed day.
I was wearing a skirt and heels. I felt it was important to dress nice when
in front of the judge. The judge called me up by the new name. She looked
at the form and said "looks like you put a lot of thought into this"
I said "yes" and she signed off the form. I then went back to where
I had originally dropped off the form.
There I got one free notarized copy of the form, along with 2 others for
$5 each. After that was done I went to get a state ID with the new name and
get the name on my social security changed. At the department of licensing
the guy behind the counter was very nice and it was a simple process. He also
explined that he couldn't change the sex designation without a therapist letter.
I then went to the social security
office to change the name. I was told there that to change the sex designation
on that you need proof of SRS. When it was all said and done the biggest hassle
was taking the bus and walking around in heels.
An additional note. In WA state they don't reqire that you publicize the
name change in the newspaper like other states do. Also I have been told that
in other counties in WA its more expensive for the name change.
Other resources
Residency information for out-of state readers (sent by a reader in May 2005):
Please note that as of 2007, the information below appears to have changed and may not apply any more. You need to confirm this yourself rather than relying on this information
Non-Washington State transitioners could probably benefit from traveling to Washington State to get their name changed. It may be worth it for them, at the price of a couple Southwest Airlines tickets. Washington State is the easiest and quickest state in the country to get a court ordered name change. There are no publication requirements and, as noted on your web site, it can be accomplished in one day, given that the person would need to have obtained a Washington identicard before making the court petition. It takes one or two days and costs about $80.00, plus the cost of additional certified copies of the order with court seals, of which a recipient may want to get half a dozen copies for various future uses. The process would require two trips to Washington State. Teh first trip would be to setup the mailbox and get the new license or ID card, which the Department of Licensing would send to the mailbox. On the second trip the person would return with all the court paperwork prepared, pickup the ID card, go to court, file the papers, and get the court order from the judge.
An out of state person could do it by establishing an address with a private mailbox store in Washington State, in a smaller, out of the way county, then getting a Washington State ID with their old name in that county with the mailbox address, then using that Washington ID as documentation for their name change filing. A day or two later they'll have a name change order that they can use to change their birth certificate in whatever state their birth certificate exists. Those who are specific with the court about their reason for name change might want to consider making a motion to seal the name change petition records as well. Getting an order to seal the court record would probably be more difficult for someone changing their name without being specific with the court about their reasons, and the consequently requisite reason for sealing the court record.
Name changes can and do usually take place in tiny, generally friendly, county district courts, making them harder for the electronic information collectors to gather and database. There are differences in court handling experience when someone goes to the downtown Seattle King County District Court, which is big, and not so good, and the experience in most of the smaller district courts, which is much better and more private, as documented elsewhere on tsroadmap. At the smaller suburban district courts, such as Bellevue, Redmond, or in smaller counties like Pierce, Olympia and Vancouver, the experience is nearly always like the one reported on your web site about them. By the way, most of Washington State is quite liberal and progressive, and consequently so are most of its elected judges. People don't have to settle for the arcane, and often embarrassing, procedures in their home states.
Link to name change forms:
http://www.metrokc.gov/kcdc/Forms.htm
The relevant statutes, RCW 46.20, do not include any prohibition against using a private mailbox as the address on one's identification.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=46.20 < http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=46.20 >
Like most states theses days, the government stores all this information in various databases permanently. In Washington State, the State Auditors Department, which shares information with the State and County Elections Departments, maintains databases of all name changes with old and new names in perpetuity. See:
RCW 29A.08.440
http://www.leg.wa.gov/RCW/index.cfm?section=29A.08.440&fuseaction=section < http://www.leg.wa.gov/RCW/index.cfm?section=29A.08.440&fuseaction=section >
RCW 36.22.200
http://www.leg.wa.gov/RCW/index.cfm?section=36.22.200&fuseaction=section < http://www.leg.wa.gov/RCW/index.cfm?section=36.22.200&fuseaction=section >
RCW 4.24.130
http://www.leg.wa.gov/RCW/index.cfm?section=4.24.130&fuseaction=section < http://www.leg.wa.gov/RCW/index.cfm?section=4.24.130&fuseaction=section >
The issues raised here, elsewhere on tsroadmap and in the news, about the new federal REAL ID statute have broad implications. The implications of the REAL ID statute mean that people are going to want to hurry and get there paperwork in order because it is probably going to be much more difficult after 2008 when that law takes full effect. It also means that people may be deep stealth and assimilated in everyday life, but information about their past identification, and connections between the two, unless its really, really old information before the computer and internet explosion, will always be available to the government, to creditors and others with access to the major commercial information brokers. It appears that privacy on that level no longer exists.
A reader who successfully did all this wrote in April 2006:
For the price of a plane ticket (I decided to make only one trip and make a little vacation out of it) I had my court ordered name change in exactly 7 days and for a grand total of $130 ($100 fee and 6 certified copies at $5 a piece). In my home state, the cost would have been $320, $90 for the privilege of publishing my personal business in a newspaper, and it would have taken 6-8 weeks. Washington was definitely the way to go. And once I got home, I had absolutely no trouble changing my Social Security card, my passport and getting a new license. I must say, if one is so inclined, make the trip to Washington state and you'll be pleasantly surprised.
Please note that as of 2007, the information above appears to have changed and may not apply any more. You need to confirm this yourself rather than relying on this information
Washington State law
Precedent for transsexuals
[no specific case noted]
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