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The process of legally changing one's name, whether related to a
gender transition or not, is fairly straightforward and generally does
not require the involvement of an attorney.
The process can often be initiated by visiting your local county
courthouse and asking for information on the name-change process; many
have prepared information packets they will hand you, complete with the
necessary forms. Typically, there are two forms to complete: first, an
"application" for a name change, and second, the "order" for the name
change. The "application" tends to be a fairly simple form in which the
applicant fills in blanks and checks boxes as appropriate to their
circumstances. It is signed in front of a notary (many court staff are
notaries, so you could sign it there and have it notarized). The "order"
looks similar, and also has blanks and boxes, but this is the form that,
ultimately, the judge will sign when approving your application.
The requirements for applying for a legal name change in Minnesota
are easily met by most people: you must have lived in Minnesota for at
least six months, and be a resident of the county in which you apply
both at the time of application and at the time of the eventual hearing
before the judge or referee. (Additional requirements apply if you are
also changing the name of a child, or if you are in prison, or if you
have been convicted of a felony; the court's information or staff can
provide you complete information on these topics.) You must take with
you to the hearing two adults who have known you at least one year; they
may be relatives. If you are married, one of your relatives should be
your spouse. You will also be assessed a filing fee, currently $247, and
possibly a small additional court services fee. If you have very limited
income, you can ask the court for what are called "in forma pauperis" (IFP)
forms, on which you indicate your income information; if you qualify,
your fees will be waived.
Most name-change hearings take only a few minutes, as the judge asks
questions to confirm the information on the application, and asks your
witnesses to confirm their knowledge of you and your desire to change
your name. In most cases, the judge must grant your requested name
change unless the court believes that you are changing your name in
order to mislead or defraud others. (Please see
Minnesota Statute 259.11).
Please note that a name change is not the same as a legal change of
sex. A legal change of sex generally requires some indication of
physical transformation from one sex to another, whereas a name change,
even from an "obviously" male/female name to an "obviously" female/male
name, does not. A name change order, by itself, will probably not
authorize amendment of sex-designations on other documents, such as a
driver's license or
birth certificate, unless the judge specifically
orders that this happen.
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