How To Change Your Name and Gender Marker in Massachusetts

Massachusetts gives its residents the right to change their names. Historically, you could freely assume a new name in the Commonwealth of Massachusetts if the change was for an honest purpose. But the needs of modern life have changed.

Some proof of a name change is necessary to update your driver's license, Social Security card, and other records. Today, how to change your name in Massachusetts is a more complicated process, depending on your case and circumstances.

This article addresses how to change your name in the event of marriage, divorce, or for any other reason. The article also covers filing the appropriate paperwork with other government agencies once you've changed your name. Finally, learn about changing your gender marker on crucial legal documents. This can be especially important if you're transgender and going through a gender change process.

Identify and Follow the Correct Massachusetts Legal Name Change Process

The reason for your name change determines the process you'll need to follow to accomplish your goal.

Marriage

The main reason most people change their names is due to marriage. Massachusetts law lets you adopt any surname (last name) when getting married. This can be accomplished simply by filling out an application for a marriage license and listing your new name.

Once the marriage certificate is issued, it serves as proof of a name change. Get a few copies of your marriage certificate since you'll need copies for the paperwork ahead.

Divorce

Fortunately, if your marriage doesn't last, you can change your name during the normal divorce process in Massachusetts.

Massachusetts allows a family court handling a divorce to change the divorcing wife's last name back to her former name. But it's limited to that – you can't ask for a new name or changes to your first or middle name. The court can include the name change in the final decree of divorce. The divorce decree then becomes proof of your legal name change.

Petition for a Change of Name

Suppose you're changing your name for a reason other than marriage or divorce, such as due to a gender transition or sentimental reason. In that case, Massachusetts has a petition for a change of name process. While the process is pretty straightforward, there are some steps involved.

You can expect to:

1. Fill out a name change form (Petition to Change Name of Adult)
2. Get a certified copy of your birth certificate
3. Get copies of documents from any previous name change, such as a divorce decree
4. Fill out the Court Activity Record Information (CARI) and Warrant Management System Release Request Form (CJP 34) for your criminal records check
5. Fill out Motion CJD 400 if you need to waive a requirement, such as newspaper publication or notary services
6. File the forms and your birth record with a local court
7. Await the results of the criminal records check
8. Publish a public notice in a newspaper
9. Possibly attend a probate court hearing

There are some restrictions when changing your name. While Massachusetts gives you the right to change your name, a court can refuse if the "change is inconsistent with public interests." This encompasses name changes sought:

• For fraudulent or illegal purposes
• To avoid lawsuits and debts
• To jeopardize public safety

If the court grants your petition, it will enter a decree making your name change legal. A court order will be sent or given to you afterward. This name change decree becomes proof of your legal name change. It's a good idea to get several certified copies to submit to other agencies as proof of your name change.

File the Appropriate Paperwork With Other Government Agencies

Once you've gone through one of the processes outlined above, you still have more steps to take to change your name on other identity documents.

You'll need to take your marriage license, divorce decree, or court-issued name change certificate to your local Social Security office to get your Social Security card updated. The new card will keep the same Social Security number but reflect your new name. This is an essential first step in updating the rest of your ID documents.

The good news is that if you're changing your gender marker, you can make that change at the same time. All you need to do is indicate your preferred gender on your application for a new Social Security card.

Another critical step in your name change journey is to change your driver's license or state ID card to reflect your new name. You'll need to make an in-person appointment at the Registry of Motor Vehicles (RMV) and fill out an application for a new driver's license indicating a change of information. You should also update any travel documents, such as your U.S. passport.

If you're changing your gender marker, you can do that at the same time. Your gender designation options for your Massachusetts license are "M," "F," or "X." You might choose "X" if you identify as non-binary, for instance.

Once your government documents reflect the change, you can use your new name freely. You should update your name with your employer, bank, landlord, and service providers. Use your new name to update your voter registration. You can also start using your new name if you want to apply for a loan or credit card.

Changing Your Gender Marker

Beyond the gender marker changes already mentioned, you may want to change the gender marker on your Massachusetts birth certificate. If so, you'll need to provide a notarized statement from your doctor indicating that you've had medical intervention to reassign your gender permanently. You'll also need to submit an affidavit indicating your correct sex and name.

You'll then send your physician's statement and your applicant affidavit, along with a filing fee, to the Registry of Vital Records and Statistics (RVRS). If you're changing your name on your birth certificate at the same time, you'll also need to submit a copy of your legal name change document. The RVRS will then mail out an amended birth certificate reflecting your updated information.

How Long Does a Name Change Take in Massachusetts?

Changing your name usually takes around two to three months if you petition the court. This includes the time it takes to publish your name change in the news. Yet, the timeline may be longer if you run into legal complications with your name change, such as a criminal law matter. A marriage or divorce process can include your name change simultaneously.

What Is the Cost of Changing My Name?

In Massachusetts, the total filing fee for a court petition to change your name is $180. This amount includes the base filing fee ($150) plus a surcharge ($15) and a citation fee ($15). If you are changing both your and your child’s name, one filing fee can cover both petitions. Your name change won’t require an additional fee if it’s already part of a marriage, divorce, or naturalization process.

A publication requirement adds to the total cost. You must pay a local newspaper’s publishing fee to print your notice. Each newspaper can decide how much to charge.

Massachusetts also offers fee waivers through the Indigency program. The court can waive both the filing fees and the newspaper fee. This option can help if you face economic hardship, have a low household income, or receive certain public assistance. More information and application forms are available on the state’s website, Mass.gov.

Finally, consider the costs of updating your documents after getting your new name. You may need to pay for copies of your records, a new license, or a new passport.

Get the Legal Help You Need in Massachusetts

A change of name can be a tall order, but you don't need to do it alone. If you're finding the process overwhelming, contact a Massachusetts attorney today. You can get legal advice and support for navigating all of the paperwork.