Legal Name & Gender Marker Change Program
The Harriet Hancock Center is able to assist with legal name changes and gender marker changes through our Legal Name & Gender Marker Change Program. In order to receive assistance and start the process, please fill out the contact form below and someone will be in contact. At this time, we are only able to assist those who live in SC.
Please note: It may take a couple of days to receive a response.
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You have transitioned and want your birth certificate and ID’s to reflect this change.
The name that you use or want to use is not the name on your ID’s or birth certificate.
The name that you have on your ID does not match the name on your birth certificate.
Be Aware: You cannot change your name if you are doing it to avoid debts, alimony, child support, or other judgments! But any other legal reason is fine!
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In SC, you must get an order from a Family Court Judge to change your legal name and gender marker on your birth certificate and other ID’s.
You can apply for both a name and gender marker change at the same time!
If you were born in SC, then your birth certificate is in the SC Department of Health’s Vital Records.
If you were born in another state, then your birth certificate is housed there. You have the option of (1) getting an SC order and sending it to your home state, or (2) taking advantage of your home state’s amendment process.
(1) Some states will accept the South Carolina order while others will not.
(2) Some states have easier procedures than ours, so you may be able to ignore all of this! Check your state of birth first to save yourself time, money, and headaches!
Check other state requirements at https://transequality.org/documents, https://www.lgbtmap.org/equality-maps/identity_documents, your home state’s Vital Records Office website, or ask us!
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We have attorneys and volunteers to answer your questions and provide guidance.
We host fingerprinting days at the Harriet Hancock Center on the Third Friday of every month from 1pm-4pm! See our community calendar to check when the next fingerprinting clinic is.
We can help provide you with all the documents and forms that you need.
We have funds available to help offset or cover the fees involved for those who are in need of financial assistance.
We can draft and file your pleading on your behalf.
We can provide one of our attorneys to accompany you and represent you during your hearing, if you have one.
We can make sure that you are provided with copies of your order and instructions for next-steps to get all of your documents changed over!
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Background checks are required with Department of Social Services (DSS) and South Carolina Law Enforcement Division (SLED).
We can provide you with background check forms, or you can request them from the Agencies.
Contact SLED at (803) 896-1443 to request a Name Change Packet,
Go to dss.sc.gov to retrieve DSS Form 3072 Central Registry Background Check.
Mail in these forms with a filled fingerprint card, attached fees (cashier’s checks or money orders only) and self-addressed stamped return envelopes.
Note: a criminal record showing up on these checks does not mean that your case will be denied – it will be determined on a case-by-case basis.
Collect copies of your birth certificate, driver’s license, and social security card.
If applicable, also collect copies of any previous name change orders, and any marriage licenses or divorce orders where you changed your name.
Complete the filing packet which includes Family Court Coversheet, Petition for Name Change and/or Gender Marker Change, Affidavit, Proposed Order, and Hearing Request.
For a gender marker change, you will also need a signed and notarized medical affidavit certifying that you have completed a “permanent and irreversible” change related to your sex, with the intent for the change to remain permanent. While this language is daunting, there are no specific requirements for how long you have been receiving care, or what kind of care you have received.
File your packet with the Clerk of Court at an SC Family Court and schedule a hearing.
If only changing your name, then a hearing is not always required, but this depends on the county.
If you are changing your gender marker, you will have to be present for a hearing.
Attend your hearing, if you have one.
If your petition is granted, the Judge will issue a final order.
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Take the order, along with your ID and copy of your birth certificate, to SC Vital Records, to amend your birth certificate, or submit them via mail.
Make an appointment with Social Security Administration to update your information there, and take your amended birth certificate and order with you.
Go to the SC DMV and update your driver’s license. Bring your amended birth certificate and order.
Update your voter registration. (The DMV form will also prompt you to do this).
Go update your info at school, work, the bank, etc.!
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At this time, you cannot receive an “X” gender marker on either SC State documents or any Federal documentation. Some other states do allow “X” markers.
If you are getting married or divorced soon, then you can change your name as part of your marriage license or through your divorce papers rather than using this process!
If you are under 18, or if you are a parent or guardian who would like to change your child’s name or gender marker, both parents must be notified and named as parties, and a Guardian ad Litem must be appointed by the court to represent the child’s interests, at the parents’ expense.
You are not currently able to amend the gender marker on your Passport or in Social Security. This does not prevent you from making changes to your name on these documents, or in changing your gender marker on any other documents.
What do I do if my passport doesn’t match my ID?
If you are travelling internationally, we recommend bringing a copy of your court order with you to clarify any discrepancy between different documents.
