-
6/26/20
1
Legal Name and Gender Changes in the Dependency CourtRonnie
CheungJune 26, 2020
1
Learning Objectives1) Recognize and understand significance of
names,
gender pronouns, and unique needs of trans youth
2) Recall significant steps in legal name and/or gender change
process and where to access further information
3) Identify and apply at least 3 ways to support youth with name
and gender affirmation
Children’s LawCenter of California www.clccal.org
2
Transition Experiences
Gender ExpressionClothesHairName
Puberty Blockers (Reversible)Phenotypic Hormones TherapyGender
Affirming Surgeries
Legal TransitionName ChangeGender MarkerIdentity Documents
Social Transition Medical Transition
3
-
6/26/20
2
“When people misidentify me or tell me I’ll never be a boy, or
don’t call me by my name,
it hurts. It makes me want to give up. It reminds me that I’m
trapped in the wrong body. It makes me think I’ll never get out.
People will never see me as a boy. There’ve been times that I've
secretly attempted suicide without
anyone knowing.”
4
• Can be filed by the court appointed dependency attorney
• Can be filed the appointing court (Dependency)
• Applies to dependents and nonminordependents Code Civ. Proc.
§1276 (e); Health & Saf. Code §103430(f).
Name and Gender Petitions for Dependents
Children’s LawCenter of California www.clccal.org
5
Legal name and gender recognition is important!
Dependency records are confidential
Navigating the legal process
Important documents need to be provided to youth (Welf. &
Inst. Code §391)
Why file in dependency court?
Children’s LawCenter of California www.clccal.org
6
-
6/26/20
3
Parent/Guardian
Youth over 18
Court appointed dependency attorney
Code Civ. Proc. §§1276(a) & (e); Health & Saf. Code
§103430(f)
Who can file?
Children’s LawCenter of California www.clccal.org
7
Talk to the youth
Respect, Understanding, Caring
Name and gender?Legal Name – spelling, middle name?
What’s in a name?
Children’s LawCenter of California www.clccal.org
8
1. Name change to conform to gender identity
2. Gender change (with or without name change)
3. Name change only
Name and Gender Change Petitions
Children’s LawCenter of California www.clccal.org
9
-
6/26/20
4
The overall legal name/genderchange process
Fill out the
forms
File the forms
Serve/Notice parent
s
Court Hearing
Court order and
follow up
Step 1 Step 2 Step 3 Step 4 Step 5
Children’s LawCenter of California www.clccal.org
10
1) Civil Case Cover Sheet (Form CM-010)2) Petition for Change of
Name (Form NC-100)3) Attachment to Petition for Change of Name
(Form NC-110)4) Order to Show Cause for Change of Name to
Conform to Gender Identity (NC-125/NC-225)5) Decree Changing
Name (NC-130)
Forms for Name Change to Conform to Gender Identity
Children’s LawCenter of California www.clccal.org
11
1) Civil Case Cover Sheet (Form CM-010)2) Petition for
Recognition of Minor’s Change of Gender
and Issuance of New Birth Certificate and Change of Name (Form
NC-500)
3) Declaration of Guardian or Dependency Attorney (Form
NC-510G)
4) Order to Show Cause for Recognition of Minor’s Change of
Gender and Issuance of New Birth Certificate (NC-520)
5) Order Recognizing Minor’s Change of Gender and for Issuance
of New Birth Certificate (NC-530G)
Forms for Gender Change (Minor)
Children’s LawCenter of California www.clccal.org
12
-
6/26/20
5
1) All of the forms for Gender Change of minor2) Name and
Information About the Person
Whose Name is to Be Changed (NC-110)3) Order to Show Cause for
Change of Name
to Conform to Gender Identity (NC-125/NC-225)
7 forms total
Forms for Gender Change and Name Change (minor)
Children’s LawCenter of California www.clccal.org
13
1) Civil Case Cover Sheet (Form CM-010)
2) Petition for Recognition of Change of Gender and Issuance of
New Birth Certificate (Form NC-300)
3) Order for Change of Gender and for Issuance of New Birth
Certificate (NC-330)
Forms for Gender Change (NMD)
Children’s LawCenter of California www.clccal.org
14
1) Civil Case Cover Sheet (Form CM-010)2) Petition for Change of
Name, Recognition of Change of
Gender, and Issuance of New Birth Certificate (Form NC-200)
3) Attachment to Petition for Change of Name(Form NC-110)
4) Order to Show Cause for Change of Name to Conform to Gender
Identity (NC-125/NC-225)
5) Decree Changing Name and Order Recognizing Change of Gender
and for Issuance of New Birth Certificate (NC-230)
Forms for Gender and Name Change (NMD)
Children’s LawCenter of California www.clccal.org
15
-
6/26/20
6
Make copies
• Original copy – court
• Copy – attorney’s file• Copy for each person that
needs to be served
Filing the Forms
Children’s LawCenter of California www.clccal.org
16
Clerk’s Office reviews and verifies formsGender change petitions
require a
hearing – get court date from courtroom clerk
File in courtroom with clerkRetrieve file stamped copies for
service
Filing the forms
Children’s LawCenter of California www.clccal.org
17
Can be filed in dropbox
Must show why/how this is essential matter.
Necessary for health and safety of the child
Name/Gender Changes during COVID
Children’s LawCenter of California www.clccal.org
18
-
6/26/20
7
OSC needs to be served on parent(s)Grandparents if parents
deceased or can’t be located
In person unless out of stateWithin 30 days from when OSC for
name
change is signedProof of service (Form NC-121) - file with
court
Serving the forms – Name Change
Children’s LawCenter of California www.clccal.org
19
OSC needs to be served on parent(s)Grandparents if parents
deceased or can’t be located
In person unless out of stateAt least 30 days before hearing or
from date
of OSC for name changeProof of service (Form NC-121) - file with
court
Serving the forms – Gender Change
Children’s LawCenter of California www.clccal.org
20
Only if objections filed timelyObjections for Gender change due
2
days before court dateObjections for Name change due within
6 weeks of OSC
Court Hearing
Children’s LawCenter of California www.clccal.org
21
-
6/26/20
8
Court should notify petitioner if hearing is set/required
Objections based solely on concerns over the petitioner’s actual
gender identity or gender assigned at birth are not good cause.
Code of Civ. Proc. §1277.5(c); Health & Saf. Code
§103430(b)(2).
No hearing should be set unless timely objection shows good
cause
Court Hearing - Objections
Children’s LawCenter of California www.clccal.org
22
If no objection filed, court shall grant petition without
hearing
Court signs the relevant order/decreeGet certified copies from
clerk
Need multiple copies to change name on other legal documents
Court Order
Children’s LawCenter of California www.clccal.org
23
VS 24 – Affidavit to Amend a RecordFile certified copy of order
within 30 daysMail to CA Dept of Public Health Vital
Recordshttps://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or-Amending-a-Birth-Certificate-After-a-Sex-Change-Reassignment.aspx
Follow Up –Amend Birth Certificate (CA)
Children’s LawCenter of California www.clccal.org
24
https://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or-Amending-a-Birth-Certificate-After-a-Sex-Change-Reassignment.aspx
-
6/26/20
9
VS 23 form – Amendment of Birth Record to Reflect Court Order
Change of NameFile certified copy of order within 30 days
https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth-Certificate-After-a-Court-Order-Name-Change.aspx
https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/ADA_Amend%20BC%20After%20Name%20Change%20Pamphlet%20(01-20).pdf
Follow up - Amend CA Birth Certificate –Name only
Children’s LawCenter of California www.clccal.org
25
Social Security
Children’s LawCenter of California www.clccal.org
Name Change:• Application for Social Security Card (SS-5)• Proof
of citizenship or immigration status • Proof of legal name change
(court
order)• Proof of
identityhttps://faq.ssa.gov/en-US/Topic/article/KA-01981
26
Social Security
Children’s LawCenter of California www.clccal.org
Gender Marker:• All of requirements for name change and:• Court
order with recognition of new gender• SSA doesn’t recognize
non-binary gender markers
https://faq.ssa.gov/en-us/Topic/article/KA-01453
No photocopies. Originals or certified copies only
27
https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-Birth-Certificate-After-a-Court-Order-Name-Change.aspxhttps://www.cdph.ca.gov/Programs/CHSI/CDPH%2520Document%2520Library/ADA_Amend%2520BC%2520After%2520Name%2520Change%2520Pamphlet%2520(01-20).pdfhttps://faq.ssa.gov/en-US/Topic/article/KA-01981https://faq.ssa.gov/en-us/Topic/article/KA-01453
-
6/26/20
10
DMV Driver’s License or ID Card
Children’s LawCenter of California www.clccal.org
• Certified copy of name change court order• Driver’s license
& ID card application (DL 44)• Gender Category Request form if
updating (DL 329S)
• May request nonbinary gender designation• Update with SSA
first
• DMV is linked to SSA computer system• Change name and gender
at same time – sealed
record
https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/updating-information-on-your-driver-license-or-identification-dl-id-card/
28
Other records
Children’s LawCenter of California www.clccal.org
• School Records• Medi-Cal• SSI
29
Question
Children’s LawCenter of California www.clccal.org
Is there a publication requirement for gender or name
changes?
30
https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/updating-information-on-your-driver-license-or-identification-dl-id-card/
-
6/26/20
11
Publication
Children’s LawCenter of California www.clccal.org
No. Publication is not required if name or gender change is
filed to conform to gender identity.
Publication is required for most other name changes.
31
Question
Children’s LawCenter of California www.clccal.org
The youth doesn’t want father to know that they are asking for a
name/gender change. Are there any exceptions to the notice/service
requirement for parents?
32
Notice/Service to parents
Children’s LawCenter of California www.clccal.org
No. There is a legal requirement for parents who have not signed
the petition to be served with the petition and OSC when the
petition is filed on behalf of a minor.
33
-
6/26/20
12
Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if parental rights have been
terminated?
34
Notice to Parents
Children’s LawCenter of California www.clccal.org
No. Once parental rights have been terminated, the biological
parent no longer has parental rights and notice of the name/gender
petition is not required.
35
Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if reunification services
have been terminated?
36
-
6/26/20
13
Notice to Parents
Children’s LawCenter of California www.clccal.org
Yes. When reunification services are terminated, the parent
retains parental rights and notice is required.
37
Question
Children’s LawCenter of California www.clccal.org
Is notice to the parent(s) required if the youth is a nonminor
dependent?
38
Notice to Parents
Children’s LawCenter of California www.clccal.org
No. Nonminor dependents may file name or gender change petitions
on their own and do not need to notice their parents.
39
-
6/26/20
14
THANK YOURonnie Cheung
[email protected](323)980-1563
40