THE RIGHTS OF TRANSGENDER PEOPLE IN WASHINGTON STATE: Name Changes and ID

NAME & GENDER CHANGES ON IDENTITY DOCUMENTS

Can a person change their name to reflect their gender identity?

Yes. In Washington, any person over the age of 18 can choose and use any name they wish, if the purpose of the name change is not to commit fraud.
 
To make a formal name change that can be used for all purposes, a person should change their name by court order. This requires the requesting individual to file a Petition for Name Change and ask a judge to sign an Order for Name Change.^[i] While the process is uniform across Washington, counties may charge different fee amounts for a name change. Individuals must also pay a recording fee to record the name change with the county auditor. Low-income individuals, however, may qualify for a fee waiver for all fees, including the filing and recording fees.^[ii]
 
To start a name change, you must contact the District Court in the county where you live to obtain the forms for a name change. After you file the Petition for Name Change, the court clerk will schedule a date when you can appear before a judge or a court commissioner. Judges should allow a name change so long as they are convinced that the purpose of the change is not to evade debts or the authorities. For people who are changing their name due to their gender identity, the court records may be sealed to protect the person’s privacy.^[iii] The name change file may only be unsealed for good cause, or if requested by the person granted the name change or their guardian or representative.^[iv]

Individuals who are required to register as sex offenders or who are subject to supervision by the Department of Corrections may still change their names. However, additional legal requirements apply and individuals should consult an attorney before proceeding.
 

Can a person change their name and gender marker on their Washington birth certificate?

Yes. To change the name on a birth certificate issued in Washington State,^[v] a person must submit an application and proof documents to the Washington State Department of Health (DOH) as outlined here: Changing Birth Certificates | Washington State Department of Health.
 
A DOH regulation outlines the steps required to change the gender marker on a birth certificate.^[vi] The regulation also created a third gender designation – “X” – which is not exclusively male or female.^[vii] To change the gender marker on a birth certificate issued in Washington state, an adult must fill out the Request to Change Sex Designation on a Birth Certificate for an Adult form. The information requested includes the full name listed on the birth certificate, the parents’ full names listed on the birth certificate, and the sex designation requested. The application must be signed and notarized.^[viii]

• For a minor to change the gender marker on their Washington state birth certificate, a parent or guardian must submit the application. In addition to the application, the parent or legal guardian must also submit a signed statement by the minor’s licensed health care provider stating that the provider has determined that the change is consistent with the minor’s identity. Parental authorization is also required for a minor to change their name on their birth certificate.

A person can request name and gender marker changes at the same time (a certified copy of a court-ordered name change is required in these cases). To obtain certified copies of the amended birth certificate, a person must also submit a personal check or money order of $25 for each certified copy, and a completed Birth Certificate Order Form.
 
If the DOH denies the request to change gender designation, its decision can be appealed to a court.^[ix]

Can a person change their name and gender marker with the Social Security Administration (SSA)?

Yes. To change their name with SSA, a person needs to provide proof of a court-ordered name change, U.S. citizenship, and identity.
 
Social Security cards do not include a gender marker, but a person’s Social Security record with the SSA does include a gender marker. However, the SSA is not currently allowing gender marker changes to SSA records pursuant to an executive order.
 

Can a person change their name and gender on their U.S. passport?

Undetermined. There are pending lawsuits about this issue.^[x]

According to the U.S. State Department website, all current passports with gender markers consistent with the person's identity including gender marker X will remain valid until they expire.^[xi] Unfortunately, those with pending applications or with incorrect gender markers on passports may have to wait for the outcome of the pending cases. Check the websites in endnotes for more info and updates.
 

Can a person change their name and gender marker on their driver license, enhanced driver license, or state-issued identification card?

Yes. More information is available here: Change your gender designation | Washington State Department of Licensing.

ACLU OF WASHINGTON    

The American Civil Liberties Union of Washington is a nonprofit, nonpartisan membership organization devoted to protecting the civil liberties of all people in Washington and extending rights to groups that historically have been denied equal treatment.
 
As one of the ACLU’s more than 50 local affiliates around the U.S., the ACLU of Washington works for equal rights and legal protections against discrimination and harassment for the LGBTQIA2S+ community through litigation and legal advocacy, lobbying at the state legislature and local governments, and public education. The ACLU of Washington does not address problems that arise outside of the state of Washington.
 
The ACLU of Washington offers information in response to specific inquiries or concerns and suggestions on how to assert individual rights and engage in advocacy; provides referrals to other organizations better able to offer such information or advice in specific situations; and sometimes undertakes impact litigation (i.e., pursues lawsuits that will defend or extend fundamental civil liberties and civil rights for a large number of people).
 
If you feel you have been the victim of discrimination based on your gender expression or identity, please consider contacting the ACLU of Washington in one of the following ways:

• Online: Submit a request for help online by visiting www.aclu-wa.org/help.
• By phone: Call the ACLU of Washington’s Information and Referral Program at 206.624.2180 (open Tuesday through Thursday, 10:00 a.m.–1:00 p.m.).
• By mail: Write to American Civil Liberties Union of Washington, P.O. Box 2728, Seattle, WA 98111 and provide the following information: your name, mailing address, telephone number and e-mail address (if available); a brief description of the problem or issue about which you are contacting the ACLU of Washington, including any relevant dates and the names of any individuals or organizations involved; a description or copy of any relevant documentation; whether you are presently represented by an attorney in the matter you are writing about; whether you have taken any steps to resolve the matter you are writing about and, if so, a description of these steps; and a description of what you would like the ACLU of Washington to do concerning this matter.

ADDITIONAL RESOURCES

For additional resources and information about transgender rights, please see:

• Ingersoll Gender Center (www.ingersollgendercenter.org)
• Gender Justice League (www.genderjusticeleague.org)
• QLaw Foundation (https://www.qlawfoundation.org)
• Lavender Rights Project (https://www.lavenderrightsproject.org)
• Washington State Human Rights Commission (www.hum.wa.gov)
• Office of the Corrections Ombuds (OCO) (https://oco.wa.gov/)
• King County Ombuds Office (www.kingcounty.gov/independent/ombuds.aspx)