Transgender Legal Issues: Name Change & Other Identity Documents in Colorado

Transcription

1 Transgender Legal Issues: Name Change & Other Identity Documents in Colorado The Gay, Lesbian, Bisexual & Transgender Community Center of Colorado 1301 E. Colfax Ave. Denver, CO Phone: Website: ***Presentation current as of March 2014***

2 What is The Center? Mission: To engage, empower, enrich and advance the LGBT community of Colorado. Community Programs: Building a better community though Sage of the Rockies elder program, transgender program, volunteer opportunities & cyber center. Rainbow Alley: Investing in tomorrow s leaders with a drop-in center, programs & events for LGBT youth age 12 to 21 to gather and grow. Pride Fest: Celebrating LGBT history and culture with approximately 325,000 participants which generates $25 million in revenue for the city. Legal & Advocacy Program: Securing civil rights through participation in high impact litigation, legislation and public education.

3 Transgender Programs The Transgender Program at The Center provides support and resources to the Colorado transgender community. Support groups, events, and activities allow individuals to talk to each other in a safe and affirming environment. The program works closely with other transgender organizations to provide the most current and accurate information and resources available to those who are questioning or who identify as transgender.

4 Legal Disclaimer The information contained herein is meant to give general information to the public, it is not meant to provide specific legal advice. For answers to more specific questions, please seek counsel from a private attorney. This is for educational purposes only.

5 Identity Documents: Name and/or Gender Marker Change - Court Approved Name Change - Social Security - Driver s License - Birth Certificate - Passport

6 Initial Requirements Residency: You can only file a petition in the county court where you are a resident. Age: For the purposes of this presentation and petition, you must be 18 years of age or older. There is a separate process for minors located here. Criminal Record: A felony conviction in any state can make legal name change more complicated. You may want to consult a licensed attorney.

7 Background Checks The court requires a fingerprint-based criminal history record check, from both the Federal Bureau of Investigation (FBI) and the Colorado Bureau of Investigation (CBI), be conducted within 90 days prior to filing the petition. The timing of this piece is important!!

8 Fingerprinting You must submit a criminal history check from the FBI and CBI at the time the petition is filed. Here s how to get those done: Contact your local law enforcement office to be fingerprinted. Be sure to inquire about the cost of finger printing and fingerprint cards. You will see a box labeled Reason Fingerprinted on the card in the upper left hand corner. Make sure to complete that box with the following: Legal Name Change If necessary, please write your name, home address, and date of birth clearly on the fingerprint card. If the agency completing the fingerprints uses an electronic print system, please do not write on the cards as the agency will automatically input the information.

9 Timing for Background Checks Best practice: First, call the FBI to see how long their processing is taking. Second, approximately one week before the FBI is expected to be done, submit the CBI background check. Remember: The criminal history results must be conducted within 90 days prior to the filing of the petition.

10 FBI Information The FBI requires: 1. Criminal History application form I Completed finger print card 3. Payment (money order, certified check, or credit card).if paying by credit card use form I-786 Instructions and information are located here. You can also contact customer service at Mail the above items to the FBI at: Criminal Justice Information Services (CJIS) Division, Attn: SCU, Mod. D Custer Hollow Road Clarksburg, WV 26306

11 CBI Information The CBI requires: 1. Arrest Request form 2. Completed fingerprint card 3. Payment (money order, certified check, or credit card).if paying by credit card use form found from the link below. You may also hand deliver and pay by cash. Instructions, forms, and information are located here. You can also contact customer service at Mail (or deliver) the above items to the CBI at: Colorado Bureau of Investigation 690 Kipling Street Suite 3000 Lakewood, CO 80215

12 Colorado Name Change Forms Packet instructions and forms are available in both PDF and MS Word formats on the Judicial Branch website here. You may complete the forms on your computer or fill them in by hand, printing legibly in black ink. Do not sign these documents yet. You must sign all documents in front of the court clerk or a notary public.

13 Form #1 Petition for Change of Name (Adult) (JDF 433)

14 Instructions for Form #1 Petition for Change of Name (Adult) (JDF 433) Complete all sections of this form. Reason for name change: Be Honest! This is the section to identify I am transgender and I am transitioning gender from male to female or female to male. You will attach the fingerprint based FBI and CBI criminal history reports to the petition and identify them as Exhibit A You will attach any other criminal disposition documentation and identify it as Exhibit B Remember: This petition must be signed in the presence of a court clerk or notary public.

15 Form #2 Order for Publication for Change of Name (JDF 426)

16 Instructions for Form #2 Order for Publication for Change of Name (JDF 426) Complete all sections of this form. The judge or magistrate will sign the Order for Publication, if your petition is approved.

17 Form #3 Public Notice (JDF 427)

18 Instructions for Form #3 Public Notice (JDF 427) Complete all sections of this form. This is the form that you will submit to a local newspaper to publish notice of the requested name change.

19 Publication Requirement The proof of publication must be completed and submitted to the court prior to the name change being officially granted. Documentation will include copies of your newspaper notice. Your local court will often have recommendations of publishers, ask your court clerk. Remember, the announcement needs to be published 3 times within 21 days from the date of the order. It is recommended to publish your name in a daily publication to meet the 21 day requirement.

20 Form #4 Final Decree for Change of Name (JDF 448)

21 Instructions for Form #4 Final Decree for Change of Name (JDF 448) Complete the section at the top only. The judge or magistrate will sign the Final Decree. This form will be returned to you only upon proof of publication. Recommend to get at least 4 official copies of the Final Decree to use for changing other identity documents.

22 Filing the Petition Each court may have different procedures. Contact the court in the county you reside in for specific days or times when name change hearings are scheduled. You may have your hearing on the same day that you file your case or a future hearing will be set. Additionally, some courts may not require a hearing and will issue an Order for Publication following a review of the petition and supporting documentation.

23 References For information about any of the above information about the name change petition process, please review: Colorado Revised Statutes , C.R.S. Colorado Judicial Branch Website CBI Website FBI Website

24 Cost The filing fee for the petition is $100. If you are unable to pay the filing fee, you may complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the court. After you submit the completed form and a blank order, the court will decide whether you need to pay the filing fee. There may be additional fees that apply.

25 Additional Possible Costs Publication Fee: Amount varies and may be payable to the court or to the newspaper directly Copies of Documents (Documents on File): $0.75 per page or $1.50 if double-sided Copies of Documents (Documents not on File): $0.25 per page or $0.50 if double-sided Certification Fee: $20 Cost of Fingerprints: Amount varies and is payable to local law enforcement CBI Fingerprint-based Criminal History Check: about $30 FBI Fingerprint-based Criminal History Check: about $40

26 Other Identity Documents Social Security name change Social Security gender change Colorado Drivers License Colorado Birth Certificate U.S. Passport

27 Social Security Name Change You can change the name on your Social Security card and record by applying through the mail or in person at a local Social Security office. This can be done separately from, or together with, applying for a gender change. You will need to submit an application for a Social Security card, proof of your identity and citizenship or immigration status, as well as acceptable proof of the name change. In general, the SSA will accept any of the following as proof of a name change: Name change court order (original or certified copy); Marriage, civil union, or domestic partnership certificate (original or certified copy); Divorce decree (original or certified copy); or, Certificate of citizenship or naturalization (original only). Official information is available from the Social Security Administration at Additional helpful information is also available at

28 Social Security Gender Change In general, the SSA will accept any of the following forms of evidence for a gender marker change: A U.S. passport showing the correct gender; A birth certificate showing the correct gender; A court order recognizing the correct gender; or, A signed letter from a *provider* confirming that you have had appropriate clinical treatment for gender transition. *The letter must come from a licensed physician with whom you have a patient relationship and who is familiar with your transition-related treatment. It can be a primary care physician or a specialist. All certifications must be on the physician s letterhead and include all of the information seen in the sample letter on an upcoming slide. Your physician does not need to give additional personal health information that is not included in the sample letter. Official information is available from the Social Security Administration at Additional helpful information is also available at

29 Appropriate Clinical Treatment SSA policy recognizes that people s medical needs vary, and that treatment options must be decided by health care professionals on an individual basis. You are entitled to an updated gender marker if you have had the clinical treatment determined by your health care provider to be appropriate in your individual case to facilitate gender transition. No specific type of treatment is required, and details of your treatment should not be included in the letter from your physician to SSA.

30 Sample Physician Letter OFFICE LETTERHEAD I, (physician s full name), (physician s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated). (Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify male or female). I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct. Signature Date Typed Name

31 Colorado Driver s License Name and Gender Change To change your name on a Colorado Driver s License, bring your court ordered name change documentation to your local DMV office and they will change your name and retake your photo and a new license will be issued. To change your gender marker on a Colorado Driver s License, go to the DMV office and request form DR 2083 titled Medical Information Authorization (Change of Sex Identification) The form will be assigned a control number in order to be usable. It needs to be completed by a medical doctor and then turned back in to the DMV. Note: there is no longer a requirement to have gender reassignment surgery to have a Colorado Driver s License gender marker changed.

32 Colorado Birth Certificate Name and Gender Change Colorado will change both the name and sex on a birth certificate. The state will also issue a new birth certificate rather than amend the old one. A certified copy of a legal name change order is required to change your name. A court order indicating that gender reassignment surgery has been completed is required to change your gender marker. Once surgery has been completed and you have the official court order, a certified copy of the court ordered gender change must be submitted to CPDHE Vital Statistics. More information is available here. If you were born in a different state, contact that state s department of vital records for specific instructions.

33 U.S. Passport Name and Gender Change Official information is available from the US State Department at The National Center for Transgender Equality has a great resource on the passport process located here.

34 The Center s Legal Helpline The information contained herein is meant to give general information to the public, it is not meant to provide specific legal advice. It is for educational purposes only. For answers to more specific questions, please seek counsel from a private attorney. Legal Helpline Phone: legal@glbtcolorado.org