Changing your legal name and gender marker is a milestone for many individuals—affirming identity, ensuring safety, or starting a new chapter. California offers a clear legal process for both adults and minors to change their name and/or the gender listed on identity documents. Many people also wonder if it’s possible to keep these personal court records private.
The answer, often, is yes.
Here’s a guide to help you understand the process, what to expect, and how you can protect your privacy by requesting your records be sealed.
Why Seek a Legal Name or Gender Change?
People seek a name and gender change for many reasons:
- Affirming gender identity as transgender or nonbinary
- Changing a family name after marriage, divorce, or adoption
- Privacy, safety, or cultural alignment
- Personal preference
No matter the reason, California law is designed to ensure the change is made in good faith—not for fraud, evasion, or wrongful conduct.
Who Can Request a Name and Gender Change?
- Adults: Any adult resident of California may petition for a legal change of name and/or gender marker.
- Minors: A parent or legal guardian can petition for a name and/or gender change for a minor child.
- Residency Requirement: Generally, you must file the request in the county where the person lives.
The Legal Process: Step by Step
1. Prepare Your Court Paperwork
Begin by completing the necessary documents for your county’s superior court. If submitting a request for a minor, a parent or guardian must prepare the forms.
2. File With the Court
Take your completed paperwork to the court clerk in the county where you live. You will be charged a filing fee. If you cannot afford it, you can request a waiver based on your income.
3. Court Review and Public Notice (Publication Requirement)
If you’re changing a name (with or without a gender change), California generally requires you to publish your request in a local newspaper for a set period. This lets the public know of your intention, giving anyone with objections the chance to respond.
Exceptions:
- If you are only seeking a gender marker change, you usually do NOT need to publish anything.
- If you have safety or privacy concerns (for example, if you are transgender, a survivor of abuse, or at risk of harassment or discrimination), you can request to skip publication and seal the court record (see below).
4. Attend the Court Hearing (If Required)
Some counties require an in-person or virtual hearing, others do not. If there are no objections or other legal concerns, judges typically approve the request at this stage.
5. Obtain Your Court Order
Once approved, the court will issue an order that acts as your legal proof of name and/or gender change. This order is what you’ll provide to agencies to update identification records.
6. Update Your Important Documents
Use your court order to change your name and/or gender marker with:
- California Department of Motor Vehicles (DMV)
- Social Security Administration
- U.S. Passport Office
- Banks, schools, employers, and insurance providers
- Any other organizations that carry your legal information
Sealing Court Records: Protecting Your Privacy
A natural concern for many is keeping the details of your name or gender marker change private, especially for individuals who are transgender, nonbinary, victims of stalking, or survivors of domestic violence.
When and Why Can You Seal Your Records?
California courts recognize that public records of a name or gender change may put you at risk for discrimination, harassment, or violence. If revealing your application or order would jeopardize your safety, you may ask the court to seal those records—making them confidential and hidden from public view.
Reasons to request sealing include:
- Risk of harassment, abuse, or harm if your former name or gender marker is revealed
- Undue invasion of privacy
- Domestic violence or stalking concerns
How Do You Request the Court to Seal Your Records?
- When you file your initial paperwork, include a written request explaining why your records should be kept confidential.
- Describe the specific dangers or privacy concerns you face.
- You may ask to skip the newspaper publication requirement and have your docket entirely confidential.
- The judge will review your reasons. If approved, your records—and sometimes even the hearing itself—will be shielded from public access.
If Your Request is Granted:
- No public notice/publication is required.
- The court file and order are not accessible to the general public.
- Only you and authorized parties (such as law enforcement, in very limited instances) may see sealed records.
Special Considerations for Minors
For children, the court is especially focused on their best interests and safety. When seeking a name and/or gender change for a minor, both parents (if living) are typically notified and may need to participate. If there are safety concerns for the child (such as threats or past abuse), the court can skip publication and seal the records, just as for adults.
Frequently Asked Questions
- Do I need to hire a lawyer?
It’s possible to file for a name and gender change yourself, but working with a legal professional can make the process smoother and more private, especially if you want your records sealed or anticipate challenges. - How long does the process take?
Typically, 6–12 weeks, but timing can vary based on court schedules and whether required notices or publication are needed. - Will my old name or gender marker be easily found?
If your records are sealed, public searches will not reveal these details. If not sealed, your court order and filings may be available to the public. - Can my request be denied?
A judge may deny your request if it appears fraudulent, incomplete, or if you fail to follow required procedures. Most people, however, are approved when all steps are followed properly. - What if I move?
You should file in the county where you currently live, but your court order is effective across California (and usually accepted by federal agencies as well).
Your Next Step: Why Hire Minella Law Group
Whether you’re changing your name and/or gender marker for gender affirmation, personal safety, or another reason, the process can seem overwhelming—especially when privacy is key. Minella Law Group has helped adults, families, and minors through every phase of this important process, including making sure court records stay private whenever possible. We’re here to support you, explain your options, manage the paperwork, and appear on your behalf in court.
Protect your dignity by taking this important step with guidance you can trust.
Contact Minella Law Group today to schedule a confidential consultation and ensure your name and gender change is private, seamless, and legally secure. Call us at (619) 289-7948. or inquire online – we look forward to helping you.