Change Your Name in Texas

So, you live in Texas and want to legally change your name. You may want to change your name because you have been recently married or divorced. You may want to change your child’s name if you have adopted him or her. Whatever your reason, following the steps in this article will help you legally change your name in the state of Texas.

Steps

Changing Your Own Name

  1. Determine if you need a court order. You may not need to apply for a court order to legally change your name in some circumstances.[1][2]
    • If you changed your surname as part of your application for a marriage license, you do not need a court order to make that surname your legal name. The new surname you gave on your marriage license application is your legal surname.
    • If you changed your surname when you got divorced, your new legal name should be included in the Final Decree of Divorce.
  2. Meet the age requirement. You must be at least 18 years old to change your name. Individuals younger than 18 must go through the process of changing a child’s name, and must provide parental or legal guardian consent (see Method 2 of this article).[3]
  3. Get your fingerprints taken. You must submit your fingerprints to the Texas Department of Public Safety and the FBI to get a legal name change in Texas. This is part of a criminal background check that must be performed before you can apply for a name change.[4]
    • The fee is $15 for the DPS and $14.75 for the FBI, for a total of $29.75. You can pay via cashier’s check, certified check, personal check, or money order payable to “Texas DPS.”[4]
    • Call your local County Court Clerk’s office to find out where to have fingerprints taken. Many Sheriff’s offices and police departments will provide this service.
    • You can also visit the website identogo.com and opt to be fingerprinted at a “Print and Go” location. Select the “fingerprint cards” option.[4]
    • Mail fingerprints and payment to: Texas Department of Public Safety, Central Cash Receiving, PO Box 15999, Austin, Texas, 78761-5999.
  4. Locate the county where you should file your name change petition. You must file your petition in the county in which you live.
    • If you do not know which county you live in, you can call your local post office and ask. Online searches can also give you this information. Your county should be listed on your voter registration card, if you have one.
  5. Find the required form. You need two forms to change your name as an adult. You may be able to obtain these forms from your local county court. You can also use online templates or PDFs, as long as they provide the necessary information.[3]
    • Original Petition for Change of Name of an Adult. This is the form you will fill out to apply for your name change.
    • Order Granting Change of Name of an Adult. This is the form the judge will sign when your name change is granted. Do not sign this form until the judge approves your name change.
    • The Texas Young Lawyer’s Association Guide to Name Changes has examples of these forms.[5] The University of North Texas has a downloadable PDF copy of the Original Petition for Change of Name of Adult form and the Order Granting Change of Name.[6] The Collins County Law Library also provides copies of the forms.[7]
  6. Fill out the forms. You can use the downloadable PDFs from UNT, or you can use the template to copy and paste the necessary information into a blank word processing document.[3] Do not sign the forms yet. The petition must include the following information:[1]
    • Your current legal name and place of residence
    • Your sex, race, date of birth, and social security number
    • The full name you are requesting
    • The reason you are requesting a name change
    • Whether you have been convicted of a felony
    • Whether you must register as a sex offender in Texas
    • Your driver’s license number(s) for all licenses issued within the past 10 years
    • Any assigned FBI number, state ID number, or other reference number in a criminal history record system (or a reasonable explanation of why you cannot provide this information)
    • Any offense above a Class C misdemeanor for which you were charged, or a statement that you have never been charged
    • The case number and the court if an arrest warrant was issued or a charging instrument was filed or presented for any offenses listed in the previous step
    • Fingerprints on a fingerprint card
  7. Sign the petition in the presence of a notary. Your information must be verified to apply for a name change. You can verify this information by providing a notary with appropriate identification and signing the form in his or her presence.
    • Do not sign the Order Granting Name Change. This must be signed by a judge first.
    • You can find notaries at most large banks during regular business hours. If you hold an account at the bank, the notary will usually witness and sign your form for free. If you do not have an account, you may be charged a small fee.
    • The Texas Secretary of State has a search feature that can help you find a local notary.[8]
  8. Make copies of your documents before filing your petition. Make several copies of your petition and your fingerprint card. You will file the originals with your County Court Clerk’s office.[3]
    • Once you have made copies, staple the original fingerprint card to your notarized Petition form.[3]
  9. Go to the courthouse in your county of residence. You must file your name change petition in the county in which you live. You can find your court’s information by looking online or looking in the phone book. Bring your notarized petition, your fingerprint card, your copy of your form, and a form of photo ID.[3]
    • You do not need to make an appointment. Just go to the court during its normal operating hours.
  10. Pay the filing fee. You can expect to pay a filing fee of between $250-$300.[3] Have the Court clerk file-stamp your personal copy of the form.
    • If you cannot afford this fee, you may apply to pay it in installments or request a waiver of the fee.[9]
    • Once you file your petition, a date for your court hearing will be set. You may be able to schedule your own hearing.
  11. Attend your court hearing. Ask your County Clerk’s Office where and when you should go to your hearing.[3] Bring the Order Granting Change of Name of an Adult form with you for the judge to sign.
    • The Order must contain all of the information in the Petition. It must also state that your name change is in the public interest and will benefit you. You must attest that you are not changing your name for fraudulent reasons.[1]
    • In some counties, you will need to pick up your file from the County Clerk’s Office and bring it with you to your court hearing. Check with your Clerk’s office before attending your hearing.
  12. Testify. To prove that your name change is to your benefit and in the public interest, you may be required to provide a sworn statement in front of the judge. This statement attests that all the information you have provided is true. It also gives your reason for requesting your name change.[1]
    • The University of North Texas provides a sample “prove-up” script you can use to prepare your statement.[3]
    • Use respect when addressing the court.
    • The court must grant your name change if you can demonstrate that you are not a convicted felon, are not required to register as a sex offender, and that your name change will benefit you and is in the public interest.[1]
    • The court may make exceptions for convicted felons or individuals who must register as sex offenders. However, these exceptions are at the judge’s discretion. You may wish to have an attorney help you prepare your petition if any of these situations apply to you.[3]
  13. File the signed order from the judge. If the judge approves your petition, s/he will sign the Order you provided. You must then file the signed Order in your district or county clerk’s office. Once the Clerk’s Office has stamped the signed order, your name change is official.[3]
    • You may request a certified copy of the name change order from your court. You may be required to provide this copy for some name change procedures with various institutions (banks, lenders, etc.).

Changing a Child’s Name

  1. Ensure you are eligible to file a name change. Texas requires that you must be a parent, managing conservator, or legal guardian of the child whose name you are wishing to change.[10] Both parents or guardians of the child must be served with the name change petition.[1]
    • If both parents agree to the name change, they can sign the name change petition or testify in court to state their agreement.
    • If both parents do not agree to the name change, a court hearing will be ordered. Different forms and processes may apply.[11]
  2. Determine if you need a court order. You do not need a court order to change a child’s name on his or her birth certificate if you are correcting a minor error, such as a misspelling.[12] You can also file an amendment form with the Texas Department of State Health Services if you need to add or correct information about the child’s biological parents.[13] If you have any other reason to change your child’s name, you must request a court order to change it.
    • Any name change must be shown to be in the child’s best interest. For example, changing a child’s name because you have adopted him or her is in the child’s best interest, because you want to all have the same family name to build a cohesive family. However, changing a child’s name for frivolous reasons -- such as wanting to call your son “Khal Drogo Skywalker” -- is unlikely to be proven to be in the child’s best interest.
  3. Get the child’s written consent when applicable. If the child is 10 years old or older, you must get the child’s written consent to change his or her name. This consent must be included with the name change petition.[10]
    • You can get a form for your child to provide written consent from your local court.
  4. Provide the child’s current information. You must include information about your child and the reasons why you are requesting a name change. The information you must provide includes the following:[10][11]
    • The child’s current legal name and place of residence
    • The child’s date and place of birth
    • The reason the name change is requested
    • The full name you are requesting for the child
    • Whether the child is still subject to continuing court jurisdiction
    • Whether the child is required to register as a sex offender
    • Written consent from a child 10 years of age or older
  5. Fill out an Original Petition for Change of Name of Child. Changing your child’s name requires a court order. You will need to get an Original Petition for Change of Name of Child form from the court serving the district or county in which you live. You can also use the online template from the Collins County Law Library.[14]
    • Do not sign the forms until you have brought them before a notary!
  6. Get your petition and verification statement notarized. Your information must be verified to apply for a name change. As the petitioner for the name change, you must provide a notarized statement that verifies the truth of all the information in your name change petition. You must also verify all the information in your petition. You can verify this information by providing a notary with appropriate identification and signing the form in his or her presence.
    • The Verification statement can be obtained from your local court, or you can use the Collins County Law Library sample.[14]
    • Do not sign the Order Granting Name Change. This must be signed by a judge first.
    • You can find notaries at most large banks during regular business hours. If you hold an account at the bank, the notary will usually witness and sign your form for free. If you do not have an account, you may be charged a small fee.
    • The Texas Secretary of State has a search feature that can help you find a local notary.[4]
  7. Make copies of the completed forms before filing. Make at least two copies of all of your forms before filing the notarized originals with the court.[14]
    • You will need to pay a filing fee. If you cannot afford this fee, you may apply to pay it in installments or request a waiver of the fee.[9]
  8. Receive the court order. Once the court approves the name change, it will sign the Order for Change of Name. You must file this order with your county or district court clerk’s office. Once the Clerk’s Office stamps the signed order, your child’s name change is official.
    • If your child has been involved in a custody or child support order, you must send a copy of your child’s name change ot the Central Record File at the Texas Bureau of Vital Statistics.[1]

Changing Your Documents and Information to Reflect Your New Name

  1. Get a new Social Security Card. You must change your name with the Social Security Administration. You can bring the appropriate identification with you to a local Social Security office, or you can mail certified copies of your documents for processing.[3][15]
    • You can get an “Application for a Social Security Card” from the SSA website or at your local SSA office.
    • You will need to provide documentation of your name change (e.g., your court order, marriage certificate, or divorce decree). This document must identify you by both your previous and your new name.
    • You must also provide evidence of your age, such as a passport, birth certificate, or adoption decree.
    • You must provide evidence of your identity. This evidence must be current and unexpired. You can use a driver’s license, a passport, or a US State-issued non-driver identity card. The SSA may accept medical or school records for young children.[16]
  2. Change your name on your driver’s license. You must change your name on your Texas driver’s license within 30 days of your name change. You must apply in person for a replacement driver’s license, and you must bring proper identification with you.[17]
    • If your name change is due to marriage, bring your original marriage license, divorce decree, or spouse’s death certificate. Texas does not accept same-sex marriage licenses or divorce decrees as evidence.
    • If your name change is due to court order, bring a certified copy of the court order changing your name.
    • Documentation must either be the originals or certified copies.
    • If your original document is not in English, you must provide a certified translation into English along with the original. A certified translation must be signed and dated by the translator and contain a statement that it is a true and accurate translation.
  3. Change your passport. If your name has been legally changed, you are required to apply for a new passport. You will not be able to use a passport with a different name to travel.[18]
    • If it has been less than one year since you applied for a passport, you will not have to pay additional fees. Complete and submit Form DS-5504, along with your current passport, your certified name change document, and a new passport photo. You can find this form online, or print it out from the US State Department’s website.[19]
    • If it has been more than one year since you applied for a passport and you can use Form DS-82, you can submit that form with your current passport, your certified name change document, and a new passport photo, along with applicable fees.
      • You can use Form DS-82 if you meet certain conditions, including being able to submit your most recent passport, your passport was issued less than 15 years ago, and you were at least 16 when your passport was issued.[20]
    • If it has been more than one year since you applied for a passport and you cannot use Form DS-82, you must apply in person for a new passport. Bring photo ID, a certified copy of your name change document, evidence of your US citizenship, and a completed Form DS-11.[21]
  4. Change your name with other institutions. Institutions such as banks, credit card lenders, car financers, etc., will not get automatic notification of your name change. You must contact each institution and provide the documentation they require.[3] A short list of places to consider changing your name includes:
    • Bank accounts
    • Credit cards
    • Loans, leases, and mortgages
    • Car title or house deed
    • Voter registration
    • Medical offices
    • Post office boxes
  5. Start using your new name. Introduce yourself with your new name. Use it to sign checks and other documents. Change your social media profiles and email addresses. Enjoy your new name!

Changing Your Name and Gender on Texas Documents

  1. Get a doctor’s letter. To change your gender on Texas documents, such as birth certificates or driver’s licenses, you must have a signed doctor’s letter. This letter must state that you have received irreversible medical treatment that has changed your gender.[22] The US State Department provides guidelines for what information this letter must include when you apply for a passport. It is a good idea to follow these guidelines when asking your physician to prepare his or her letter.[23] The signed doctor’s letter should be on official letterhead and include the following information:
    • Physician’s full name
    • Medical license or certificate number
    • The issuing state or jurisdiction of his or her medical license or certificate
    • Physician’s address and telephone number
    • Language attesting that s/he is your attending physician and that s/he has a doctor/patient relationship with you
    • Language attesting that you have had appropriate clinical treatment for your desired gender transition
    • Language attesting the following: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.”
    • If your gender transition is in process, you may have your doctor attest to that in his or her letter. However, be aware that some jurisdictions in Texas are less amenable to changing gender markers for transitioning individuals.
    • The Massachusetts Transgender Political Coalition offers a template physician’s letter at their website.[24]
  2. Petition to change your name and gender marker. The process to change your name will be largely the same as for adults in Method 1. You must obtain an official court order to change your name and gender marker before you can change it on your documents.[25] You must also file a petition for a gender marker change at the same court. You must file both petitions at the court in which you live.
    • Give your reason for your gender change.
    • Gender marker changes are awarded at the discretion of the individual judge. Unfortunately, some districts and counties are more willing to grant gender marker changes than others. Dallas appears to be fairly friendly to transgender petitioners.[26]
    • Attach a copy of your doctor’s letter to this petition.
  3. Receive your signed court orders. Once you have filed your name and gender marker change petitions, a judge will review them. If the judge signs the order, you simply have to file the signed orders with the county court Clerk’s Office.[21]
    • Be aware that current case law indicates that many Texas officials and judges may be uncooperative in issuing these court orders. Because the order to change your gender is subject to the judge’s discretion, you do not have much legal recourse if the judge refuses to sign your order.[21]
  4. Apply to amend your birth certificate. You may apply to amend the sex on your Texas birth certificate. You must provide your doctor’s letter and the court order to change your gender. Fill out Form VS170, Application to Amend Certificate of Birth. You can find this at the Texas Department of State Health Services’ website.[12][27]
    • If you do not have a doctor’s letter, you must provide a notarized, sworn affidavit along with the court order.[27]
    • There is a fee of $15 to file the amendment. You must also pay a fee of $22 to obtain a certified copy of the amended birth certificate.
  5. Apply for a new passport. The US State Department has specific policies for transgender applicants. You must submit your doctor’s letter (aka “physician certificate”) with your application. All other requirements are the same, including those for name change.[23]
    • Your passport photo must be a reflection of your current appearance.
    • If your transition is complete, you are eligible to receive a full ten-year passport. If you are in transition, you are eligible to receive a two-year passport. This passport can be upgraded to the full ten-year form once your transition is complete.
    • Having a passport is not a requirement to change your other documents in Texas. However, because it is a government-issued form of photo ID, a passport may carry more weight with other officials than other types of ID or documentation. It may also serve to persuade resistant officials or institutions to cooperate with your applications.
  6. Apply for a new driver’s license. You must bring an original certified court order verifying your sex change to the staff at the driver license office.[17]
    • To change the name on your driver’s license, bring the certified court order reflecting your name change. It is probably a good idea to bring your amended birth certificate and your doctor’s letter, although these are not specifically required.
  7. Change your name with other institutions. Once you have completed the basic documentation changes, you can change your information with other institutions, such as banks. Take your doctor’s letter and court order for name and gender changes with you.


https://www.youtube.com/watch?v=S7LgFqYOGbA

Tips

  • If you just need to correct a minor error, such as a misspelling, you can usually do that with the appropriate agency (e.g., Vital Statistics for birth certificates, Department of Public Safety for driver’s licenses). You do not need a court order to correct minor errors.
  • It is easier to change your name after marriage by indicating your desired name on your application for a marriage license. That process does not require a court order.
  • If you have been convicted of a felony or are required to register as a sex offender, consult an attorney. The process to change your name may be different.[3]

Warnings

  • If you have not been a resident of Texas for at least 6 months, you may be denied your name change request.
  • Name changes do not relieve you of legal responsibilities you had under your previous name. For example, if you incurred debts under your previous name, you will still be liable for them.[1]

Related Articles

Sources and Citations

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 https://www.depts.ttu.edu/sls/forms/Name-Changes-in-Texas.pdf
  2. ↑ http://guides.sll.texas.gov/name-changes
  3. ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/F448FB0A-9D07-43C5-BD7F-A52CF6741A38/name_adult_kit_final.pdf
  4. ↑ 4.0 4.1 4.2 4.3 https://www.txdps.state.tx.us/internetforms/Forms/CR-65.pdf
  5. ↑ http://www.depts.ttu.edu/sls/forms/Name-Changes-in-Texas.pdf
  6. ↑ https://studentaffairs.unt.edu/sites/default/files/tickets/hcc0026/Name%20Change%20FINAL.pdf
  7. ↑ http://www.collincountytx.gov/law_library/Documents/online_forms/NameChangeAdult.pdf
  8. ↑ https://direct.sos.state.tx.us/notaries/NotarySearch.asp
  9. ↑ 9.0 9.1 http://www.txwb.uscourts.gov/node/20
  10. ↑ 10.0 10.1 10.2 http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.45.htm
  11. ↑ 11.0 11.1 http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/B99BE52B-6C93-41F9-AFCB-043FE7C24E05/name_child_kit_final.pdf
  12. ↑ 12.0 12.1 https://www.dshs.state.tx.us/vs/reqproc/faq/amendment.shtm
  13. ↑ https://www.dshs.state.tx.us/vs/reqproc/faq/paternity.shtm#2
  14. ↑ 14.0 14.1 14.2 http://www.collincountytx.gov/law_library/Documents/online_forms/NameChangeMinorBothParents.pdf
  15. ↑ http://www.socialsecurity.gov/online/ss-5.pdf
  16. ↑ http://www.socialsecurity.gov/forms/ss-5.pdf
  17. ↑ 17.0 17.1 https://www.txdps.state.tx.us/DriverLicense/changes.htm
  18. ↑ http://travel.state.gov/content/passports/english/passports/services/correction.html
  19. ↑ https://pptform.state.gov/
  20. ↑ http://travel.state.gov/content/passports/english/passports/services/correction.html#Changes
  21. ↑ 21.0 21.1 21.2 http://www.transequality.org/documents/state/texas
  22. ↑ http://www.lambdalegal.org/know-your-rights/transgender/changing-birth-certificate-sex-designations
  23. ↑ 23.0 23.1 http://travel.state.gov/content/passports/english/passports/information/gender.html
  24. ↑ http://www.masstpc.org/projects/gm-change-pl.shtml
  25. ↑ https://www.txdps.state.tx.us/DriverLicense/changes.htm
  26. ↑ http://www.dallasvoice.com/mark-of-change-in-dallas-courts-1020407.html
  27. ↑ 27.0 27.1 https://www.dshs.state.tx.us/vs/reqproc/forms/vs170.pdf
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