Judicial Declaration of Gender Identity of an Adult
In this article I shall explain how to request a judicial declaration of gender identity for an adult in the State of Maryland. The process I will explain applies to you if you were born in or live in Maryland.
What is a judicial declaration of gender identity?
A judicial declaration of gender identity is a court order stating your gender marker or sex designation. You might need a court order to update or correct your gender marker on documents with certain agencies or organizations.
Do I need a court order?
You don’t necessarily need a court order to update your gender marker with all agencies. For example, the Social Security Administration, the Maryland Motor Vehicle Administration, and the Maryland Division of Vital Records all have processes to update your gender marker.
How to file a petition
If you do need a court order, you’ll have to file a petition. There is a form you can use, called the Petition for Judicial Declaration of Gender Identity of an Adult, With or Without a Name Change. It’s Form CC-DR-120.
Your petition needs to include information about you and the gender designation you are seeking. If you have any documentation that supports your request, attach it to the petition. This may include records from your healthcare provider or documents that reflect the sex designation you want the court to recognize.
Your petition can also include a request to change your name. If you are requesting this, you’ll need to provide your current legal name and a list of any former names. Attach a document that shows your current legal name. You can use a copy of your birth certificate, driver’s license, or passport.
Your petition also needs to include the reason for your request. It cannot be for any illegal or fraudulent purpose.
Once everything is ready to go, the next step is to file the petition and attachments in a circuit court. Each county in Maryland and Baltimore City has one. You can file your petition in the circuit court where you live, carry on a regular business, work, habitually engage in a vocation, or where you were born.
There is a filing fee, but you may be eligible for a waiver based on your income. Visit mdcourts.gov/feewaiver to learn more.
What happens after you file your petition?
If the court has questions, it may hold a hearing. If not, a judge can sign an order declaring your gender identity and changing your name, if that was part of your request. Your petition will never be denied without a hearing.
If the court does not mail you a certified copy of the order, you’ll need to contact the clerk’s office to get copies.
How to use the order
You can use the order to update your driver’s license, birth certificate, passport, or other identity documents. It can also be used to update your information with the Social Security Administration, banks, creditors, and other agencies and institutions.
If you were married in Maryland
If you were married in Maryland, you can ask the circuit court that issued your marriage license to issue a new marriage record with your updated gender marker and new name, if this changed. Use form CC-FM-072 and attach a certified copy of the order declaring your gender identity.
I hope this introduction is helpful! Let me know if you have any questions
Requesting a Judicial Declaration for a Minor Child
This section explains how to request a judicial declaration of gender identity for your minor child in Maryland. It’s important to note that only a parent, guardian, or custodian can make this request on the child’s behalf.
What is a judicial declaration of gender identity?
Similar to adults, a judicial declaration of gender identity for a minor is a court order stating the child’s gender marker or sex designation. This order may be necessary to update your child’s gender marker on official documents.
Do I need a court order?
As with adults, you don’t necessarily need a court order for all agencies. The Social Security Administration, Maryland Motor Vehicle Administration, and Maryland Division of Vital Records all have processes to update your child’s gender marker.
How to file a petition
If you need a court order, you’ll need to file a petition using the form titled “Petition for Judicial Declaration of Gender Identity of a Minor, With or Without a Name Change” (Form CC-DR-121).
The petition should include information about your child, their parents, guardians, and custodians. Additionally, it should specify if anyone involved speaks a language other than English.
Attaching Documentation
Similar to adult petitions, you can attach any supporting documentation to your petition. This could include records from your child’s healthcare provider or documents reflecting the desired sex designation.
Name Change Request
The petition can also include a request to change your child’s name. If you choose this option, you’ll need to provide the child’s current legal name and any former names, along with a document proving their legal name (birth certificate, driver’s license, or passport).
Reason for Request and Best Interest
The petition needs to explain the reason for your request and why a judicial declaration is in the child’s best interest. It cannot be for any illegal or fraudulent reason.
Written Consents
The process becomes easier when everyone involved consents or agrees in writing to the judicial declaration. Parents, guardians, and custodians can use Form CC-DR-123 to provide written consent.
Child’s Consent (if applicable)
If your child is at least ten years old, they can express their consent using Form CC-DR-124. Children under ten cannot formally consent, but the petition should reflect their agreement or disagreement (or if they’re unable to express a preference).
Consents and Name Change
It’s important to note that parents, guardians, custodians, and the child themselves may have differing preferences regarding the declaration and name change. The court will consider all viewpoints and decide what’s best.
Filing the Petition
Once your petition is complete, you can file it with the attachments in a Maryland circuit court. You can file in the court where your child lives, where they were born, or where any parent, guardian, or custodian lives. There is a filing fee, but a waiver might be available based on income (visit mdcourts.gov/feewaiver for details).
What happens after filing?
If your petition includes all written consents and is properly completed, the judge may sign an order declaring your child’s gender identity and changing their name (if requested). The court may also hold a hearing for any outstanding questions.
Objections and Service
However, if a parent, guardian, or custodian hasn’t provided written consent, the court will issue a notice. You must serve this notice, along with the petition and attachments, to those who haven’t consented through a formal process called service (explained at mdcourts.gov/ccservice).
Those served have 30 days to file written consent or objection using Form CC-DR-063. The next video part will explain what happens if someone objects.
Hearings and Evaluations
The court may hold a hearing if there are questions or objections. Additionally, the court might order a “specific issue evaluation” by a licensed professional (social worker or psychologist). This evaluation aims to inform the court’s decision regarding the child’s best interest.
You can review the evaluation report and challenge it if necessary. Consulting a lawyer is recommended if you disagree with the report.
Court Decision and Order
While this process might seem complex, the evaluation’s purpose is to help the court make the best decision for your child. If the court decides the declaration is in the child’s best interest, an order will be issued (you’ll receive a certified copy by mail). If not, you’ll need to contact the clerk’s office for copies.
Using the Order
You can use the court order to update your child’s driver’s license, birth certificate, passport, or other identity documents. It can also be used to update their information with the Social Security Administration or other agencies and institutions.
Important Note
A court order declaring your child’s gender identity, with or without a name change, does not affect the legal rights or obligations of parents, guardians, or custodians. It doesn’t alter any obligations to care for the child or pay child support, and it doesn’t affect custody rights or decision-making authority.
I hope this information is helpful. If you need more details, please visit mdcourts.gov/genderidentity.
Objecting to a Petition
This section explains how to object to a petition for a judicial declaration of gender identity for a minor in Maryland. It’s important to note that only parents, guardians, and custodians can object.
Who can Object?
Only parents, guardians, and custodians have the right to object to a petition for a minor’s gender identity declaration.
How to Object
To object, you’ll need to use Form CC-DR-123, titled “Parent’s/Guardian’s/Custodian’s Consent/Objection to Judicial Declaration of Gender Identity of a Minor, With or Without a Name Change.”
Partial Consent
You can consent to one request in the petition but object to the other. For example, you might agree with the gender identity declaration but disagree with a name change.
Hearing and Court Decision
The court will hold a hearing to consider all viewpoints and ultimately decide what’s in the best interest of the child.
Requirements for Objection
Your objection needs to include an affidavit, which is a sworn statement under penalty of perjury. The affidavit confirms that the information in your objection is true and based on your personal knowledge. Additionally, the affidavit should state your competency to testify about the information presented.
Time Limit for Objection
You must file your objection within 30 days of being served notice of the petition. Failure to file within this timeframe may result in the court considering your silence as consent.
Responding to an Objection
If you filed the petition and are served with an objection, you have 15 days to file a written response with the court. You must also mail or deliver a copy of your response to the objecting party and any other involved parents, guardians, or custodians.
Hearing and Evaluation
After all the paperwork is filed, the court will likely hold a hearing. The court might also order a “specific issue evaluation” by a licensed professional (social worker or psychologist). This evaluation aims to provide the court with information relevant to the child’s best interest.
Both parties have the opportunity to review the evaluator’s report and challenge it if necessary. Consulting a lawyer is recommended if you disagree with the report’s findings.
Importance of Evaluation
While the process may seem complex, the evaluation’s purpose is to assist the court in making the best decision for the child’s well-being.
I hope this information is helpful. If you need more details, please visit mdcourts.gov/genderidentity