Court order to recognize change of gender in California

In California, you can ask the court for an order recognizing your or your child's gender change. When you ask for the order, you can ask for a gender marker of female, male, or nonbinary. The process takes about two months.

When you need a court order to update gender markers

You may not need a court order to update a gender marker or sex identifier on identity documents. 

California identity documents: You don't need a court order to update the marker or identifier on your

• California Birth certificate
• California Marriage certificate, if your spouse agrees
• California driver's license

Find out how to update identity documents from each government agency identity.

Out-of-state birth certificates: You may need a court order

Find out what the place that issued your birth certificate requires. The Transgender Law Center has a State-by-State Overview: Changing Gender Markers on Birth Certificates

Federal identity documents: You don't need a court order 

The Transgender Law Center has a Guide to changing identity documents with different federal agency requirements.

Steps to get a court order

To start the process, you file forms with the court

You pay a $435-$450 filing fee. If you can’t afford the fee, you can ask the court to waive it. 

If you’re asking for a court order recognizing your child's gender, your child's other parent may need to get a copy of your request before the judge will make a decision. This is called serving court papers. 

A judge will make a decision in about 1 to 2 months

After you get the court order, you can use it to have identity documents updated.