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Changing Your Name and Gender: Gender Change

Gender Change

This is an introduction only to the procedure for changing your gender marker in California. It is not intended to be a comprehensive resource. Additional research may be necessary. If you require further assistance, please consult a reference librarian.

Gender Change

1. Complete these forms:

     a. CM-010 Civil Case Cover Sheet

     b. NC-300 Petition for Change of Gender and Issuance of New Birth Certificate. Beginning September 1, 2018, the options are male, female, and nonbinary, pursuant to Health and Safety Code §103430.

     c. NC-330 Order for Change of Gender and Issuance of New Birth Certificate

2. Make Copies. 

3. File Your Forms:

     a. File forms with the Superior Court for the county where you live.

     b. Pay the filing fee or ask for a fee waiver (FW-001). For more information about the fee waivers, see form FW-001-INFO.  

     c. Beginning September 1, 2018, the request for gender change will be granted without a hearing unless someone files a timely, good cause objection.

4. Obtain Copy of Court Order.

If the judge signs the order, form NC-330, then receive the signed order and obtain a certified copy from the court.

5. When a Court Order is Not Required.

The process described above may be necessary if you were born outside of California, and want to change the gender marker only on your birth certificate. However, if you were born in California, the State Department of Vital Records can issue a new birth certificate to change the gender marker only (not the name) without a court order, pursuant to Health and Safety Code §103426. To apply directly to the Department of Vital records for a gender change on your birth certificate, you need to submit a VS-24 Affidavit to Amend a Record form. For more information and a sample completed VS-24 form, see this web page. If you also want to change your name on your birth certificate, a court order is required. For more information about obtaining a court order to change both your name and gender, see this page