Name and Gender Changes in Oregon

 

The process for changing your (or your child’s) name or gender (or both) can be a relatively simple process. Oregon law allows you to change your name and/or gender through the court system by filing the necessary paperwork with the appropriate court. You can also change your gender and name without coming to court, by following an administrative process through Vital Statistics. This page only discusses the court process.

 

Court forms can be found on the Oregon Courts website, linked here:

 

https://www.courts.oregon.gov/courts/multnomah/go/pages/name-sex-change.aspx

 

It is worth noting that court forms use the term “Change of Sex” instead of “Change of Gender”. Courts have acknowledged the problematic nature of this phrasing, stating:

 

The Family Law department acknowledges that the current Statewide Identity Change form uses the term “sex" rather than the term “gender identity," and that the terms “sex" and “gender identity" are two different concepts and that a change of “gender identity" more accurately reflects the legal change sought.  However, because the pertinent statute uses the word “sex," the court's form must align with the verbiage in the statute.

 

For an adult, simply fill out the Petition for Change of Name / Sex and Judgment for Change of Name/Sex forms for adults. 

 

For a child, you must be the child’s parent, legal guardian, or legal representative. If you are one of those, you can fill out the Petition for Change of Name / Sex and Judgment for Change of Name/Sex forms for minors. After you file the petition, you will get a case number. You must then send written notice to:

 

• The other parent (if you are a parent) unless the child has not lived with the other parent and the other parent does not contribute (and has not tried to contribute) to the support of the child

• Both parents (if you are not a parent)

• All legal guardians

 

Once you have sent notice, complete and file the Declaration of Notice form with the court.

 

If you are seeking a name change, you can file in the circuit court for the county where you live. If you are filing for a minor child, file in the county where the child lives. 

 

If you are filing for a gender change, you can file in any circuit court in Oregon. If you’re seeking both a name and gender change, you can file for both at the same time, in any circuit court in Oregon.

 

The filing fee is currently $124. 

 

Once you submit everything to the court, the court will enter the judgment into its records. The judgment is effective as soon as it is entered. You’ll receive a Notice of Entry of Judgment from the court. If you want a copy of the Judgment, you can obtain one from the court by calling or visiting in person to discuss that process. 

 

Please note that the court does not send the judgment to any other agencies. If you want your (or your child’s) birth certificate, driver’s license, Social Security card, or any other record changed, you must provide a copy of the signed Judgment to each provider, following their requirements. 

 

You do not need a lawyer to file for a change of name or gender. However, if you have questions about the process, you may want to speak with an attorney. 

 

You can also visit Basic Rights Oregon’s website, linked here (https://www.basicrights.org/changing-gender-markers), for more information about this process.

 

I would be happy to discuss this process with anybody. If you wish to hire an attorney to handle this process for you, you can contact me by submitting your information below.