Can My Transgender Minor Child Legally Change Their Name in Illinois?
Minor children who identify as transgender can both legally change their name and their gender on their birth certificate. Both require parental consent and adhering to strict statutory and procedural guidelines.
To change a minor’s legal name, one of the child’s parents must fill out and sign several forms. One is a Request for Name Change, along with the accompanying Child Information form with further details about the child. If both parents agree on changing the child’s name, the parent not filling out the form may sign and notarize this form to waive notice and allow the matter to proceed. If the minor child’s other parent is deceased, the parent filing the request may provide a copy of that parent’s death certificate to the court to demonstrate that notice is not necessary. Finally, the parent may fill out an Order for Name Change for the minor child in advance so that if a judge grants the request, it may be filed with the court in a timely manner. The requests (also known as petitions) should be filed in the county where the minor child and parent filing the document reside. If necessary, the parent may file a Motion to Impound, or make court records private, if the parent and/or the minor child wishes to do so, which can be common in cases where the minor child is transgender.
If the minor child’s other parent does not consent to the name change or is otherwise unavailable to sign and notarize the request, the filing parent must mail a copy of the name change request and notice of the court hearing on the matter via certified mail. If the filing parent does not know the other parent’s address, they must mail it to their last known address and publish the notice of hearing for three (3) consecutive weeks. After the notice has been published for three (3) consecutive weeks, the filing parent must obtain a certificate of publication and file it with the court prior to the hearing. If either the filing parent or the minor child feels that notifying the non-consenting parent would put the minor child at risk of harm or discrimination, they may file a Motion to Waive Notice and Publication. However, this is up to the judge’s discretion and is typically reserved for the most severe situations.
When the judge is making the determination on whether to grant the name change, they consider several factors to gauge what is in the child’s best interests. These factors include, but are not limited to: (1) the wishes of the minor child’s parents and anyone acting as a parent who has physical custody of the child; (2) the wishes of the minor and the reasons for those wishes; (3) the interaction and relationship of the minor with their family members, including both parents; and the minor’s adjustment to their home, school, and community. 735 Ill. Comp. Stat. 5/21-101. It may be useful for the filing parent to gather evidence to demonstrate to the judge why this is in the best interests of the minor child, such as letters from teachers, family, or friends confirming use of the child’s preferred name and gender identity.
To change the gender listed on a minor child’s birth certificate, one of the child’s parents must fill out, sign, and notarize an Affidavit and Certificate of Correction Request to submit to the Illinois Department of Public Health Division of Vital Records. The minor child may choose to put male, female, or X as the listed gender on their birth certificate. If doing this simultaneously with the request for legal name change, the parent must also submit the filed Order of Legal Name Change from the court. There is a Fifteen Dollar ($15) fee that includes one (1) copy of the child’s new birth certificate, with additional copies costing Two Dollars ($2) each.
In conclusion, minor transgender children are legally able to change both their legal name and the gender listed on their birth certificate in Illinois, as long as they have parental consent.