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Petition for Name or Sex Change (Gender Marker Change) - Adult

 

How can I change my legal name or legal sex?

You can ask the court to change:

  • your legal name 
  • your legal sex (sometimes called a gender marker)
  • both your legal name and legal sex

Utah Code 26B-8-111

Requests for legal sex changes are private

When you file paperwork asking to change your legal sex (including requests to change both your name and legal sex), the court will mark the case as private. This means that paperwork filed in the case cannot be seen by the public. Only the case history, public hearings, and records of public hearings will be publicly available. For more information, see our page on non-public records. 

There are 5 steps to changing your legal name or sex. Step 1 depends on what you are asking to change. Choose one of the options below to get started.

You can ask to change your name to almost anything you want. But there are some limitations.

You can't ask to change your name...

  • to avoid creditors, fines, or sentences in criminal actions
  • to commit fraud
  • to change your name to something bizarre, unduly lengthy, ridiculous, or offensive to common decency

You must also have lived in the county where you will file your paperwork for at least one year.

When you marry, you can keep your own name or take your spouse's name. For example: 

Tony Perez-Garcia and José Gómez marry

  • Tony can change their last name to Gómez
  • Jose can change his last name to Perez-Garcia.

You don't need a court order to change your name when you get married. Instead, skip down to Step 5 below. 

Are you currently married but planning to get divorced?

  • If yes, you can ask for your name to be changed to what it was before you were married. Ask for this in your divorce papers. Make sure that your proposed divorce decree lists what your married name is now and what your name will be restored to after the divorce. 
  • If no, but you are already divorced, does your decree include a name change order?
    • If yes, and your divorce decree lists both your married name, and what your name is restored to, then you don't need to ask the court for a name change in a separate case. 
    • If no, you can't go back and change your divorce decree, but you can change your name through a name change case if you meet the other requirements above. Scroll down to Step 2 below. 

If your divorce decree says what your new name will be after the divorce, skip down to Step 5 below.

You can't ask to change your sex...

  • while you're involved in any kind of lawsuit or while you are on probation or parole
  • to avoid creditors 
  • to interfere with the rights of others or to influence fines, conditions of imprisonment, or sentences in criminal actions
  • to commit fraud

Can you prove that you qualify?
To get a legal sex change you will need to prove that:

  • you transitioned to the sex sought in the petition
  • you outwardly expressed as the sex sought in your paperwork consistently for at least the last 6 months
  • you experience clinically significant distress because of the current sex on your birth certificate
  • the change that you are asking for is a true and important part of your identity. 

Get your proof ready. You will need to fill out and file court forms in Step 2. Before that, get the following ready:

  • evidence of your medical history, care or treatment related to your transition (like a letter signed by a licensed medical provider that says you experience clinically significant distress because of the current sex on your birth certificate)
  • proof that you have outwardly expressed as the sex sought in your paperwork for the past 6 months, and
  • proof that the change you are asking for is a true and an important part of your identity. 

 

Read about a Name Change and a Sex Change above. Pay attention to the limitations in both sections.

Get your proof ready. You will need to fill out and file court forms in Step 2. Before that, get the following ready:

  • evidence of your medical history, care or treatment related to your transition (like a letter signed by a licensed medical provider that says you experience clinically significant distress because of the current sex on your birth certificate)
  • proof that you have outwardly expressed as the sex sought in your paperwork for the past 6 months, and
  • proof that the change you are asking for is a true and an important part of your identity. 

 

File the following with the district court in the county where you live:

  • 1158XX
  • 1730FA
  • 1731FA

Are you filing in Utah County?

If yes, you must file your papers with the Provo Courthouse. Deliver your papers to the courthouse or email them to ProvoFiling@utcourts.gov. 

If you are asking for a Name Change:

  • You must have lived in the county where you are filing for at least one year

If you are asking for a Sex Change, also file: 

  • Evidence of your medical history, care or treatment related to your transition (like a letter signed by a licensed medical provider that says you experience clinically significant distress because of the current sex on your birth certificate)
  • Proof that you have outwardly expressed as the sex sought in your paperwork for the past 6 months, and
  • Proof that the change you are asking for is a true and an important part of your identity. 

If you need help, read how to file. When you file, you will be charged a filing fee. If you can't afford it ask for a fee waiver. 

If you aren't sure where to file, use the court directory to find your local district court or contact the Self-Help Center.

After you file your papers, the court will schedule a hearing.

Make sure to attend the hearing. At the hearing, the judge might ask you questions about your request. If the judge signs your request, ask about getting a certified copy of the order for Step 4. 

Are you asking for a name change and on the Sex and Kidnap Offender Registry?
If yes, send this form to the Offender Registration Program:

  • 1703FA

Send it at least 30 days before the hearing. Mail or email the notice of hearing to:

Offender Registration Program
Utah Bureau of Criminal Identification
Taylorsville State Office Building - BCI
4315 South 2700 West
Taylorsville, UT 84129
registry@utah.gov

If the court denies your petition, read about how to appeal the decision on the Appeals page. This can be complicated and you might want to get legal advice. See our Finding Legal Help page.

If the court signs the order granting your request, file the following with Utah Vital Records and Statistics:

  • Order on Petition for Name or Sex Change signed by the court - you will need a certified copy of the order. There is a fee for this. Contact your court to get a certified copy.
  • Amendment of a Record by Court Order

Vital Records will charge a fee for the amendment. If you asked for the record in your case to be sealed, Vital Records will charge an additional fee. You can mail your request to:

Vital Records and Statistics
PO Box 141012
Salt Lake City, UT 84114-1012

It could take several weeks for them to process your papers. If you have questions contact Vital Records.

For birth certificates issued in states other than Utah, visit Where to Write for Vital Records.

If the court grants your request, tell others about your new identity. Here is a list of people and institutions you might want to tell:

  • Department of Public Safety to get a new driver license or state ID - visit the Driver License Division website
  • Social Security Administration - you must do this if you changed your name - visit the Social Security Administration's website
  • Department of State to change your passport - visit the Department of State's website
  • Banks, financial institutions, and insurance companies
  • DMV to change vehicle registration
  • Employers and school
  • Family and friends 
  • Health care providers
  • Landlord or tenants
  • Library
  • Mortgage companies
  • Post Office
  • Public benefits agencies
  • Registrar of voters
  • State and local taxing authorities
  • Telephone and other utility companies
  • Veterans Administration
  • Any other institution you have regular contact with

Ask the people and the institutions you deal with what they need to make your legal name or sex change official in their records. 

Update Legal Documents

Update other legal documents like your will, advance health care directive, and power of attorney for financial matters to show your new name.

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