Instructions for Form NC-500 "Petition for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (And Change of Name)" - California

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This document contains official instructions for Form NC-500, Petition for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (And Change of Name) - a form released and collected by the California Superior Court. An up-to-date fillable Form NC-500 is available for download through this link.

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Download Instructions for Form NC-500 "Petition for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (And Change of Name)" - California

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NC-500-INFO
INSTRUCTIONS FOR FILING PETITION FOR RECOGNITION OF MINOR'S CHANGE
OF GENDER AND ISSUANCE OF NEW BIRTH CERTIFICATE (AND CHANGE OF NAME)
1.
Where to File
You may file a petition for a court order for recognition of a change of gender and issuance of a new birth certificate reflecting that
change in the superior court of any county in California. (If you were born in California, you may file the order with the State
Registrar and obtain a new birth certificate.) If your petition includes a request to change your name, you must file in the superior
court of the county where you (the minor whose name is to be changed) presently reside.
2.
What Forms Are Required
You need an original and two copies of each of the following forms:
a.
Petition for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (form NC-500)
b.
Order to Show Cause for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (form NC-520) (see
item 5 below).
c.
Order Recognizing Change of Gender and for Issuance of New Birth Certificate (form NC-330)
d.
Civil Case Cover Sheet (form CM-010)
If you are also seeking a name change, you also need an original and two copies of the forms listed at e, f, and possibly g below.
e. Name and Information About the Person Whose Name Is to Be Changed (Attachment to Petition for Change of Name) (form
NC-110 and, if a guardian is signing the petition, form NC-110G).
f.
Order to Show Cause for Change of Name to Conform to Gender Identity (form NC-125/NC-225) (see item 5 below).
g.
Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (form NC-230)
3.
Completing the Petition
Use form NC-500 only if you are under 18. (Adults seeking an order recognizing change of gender must use form NC-200 or
NC-300.)
Fill out the top left side of the form with your name, address, phone, and e-mail address (or your attorney's, if you have one)
l
and the name and address of the court in which you are filing the form.
In item 1, put your name (the name of the minor asking for the court order) and the name and relationship of the adult who is
l
also signing the petition. One or both of your parents or your guardian should sign. If neither parent is alive, and you do not
have a guardian, a near relative or friend can sign. Check one of the boxes to show whether the person signing is a parent,
guardian, near relative, or other (and describe what the "other" relationship is).
Item 2 asks the court for a decree reflecting your new gender. Check the box to indicate what gender you (the minor) have
l
changed to.
Item 3 asks the court for an order that a new birth certificate be issued to reflect your change of gender.
l
Item 4 asks the court to issue an order that will give notice to any living parent who did not sign the petition that any objections
l
must be filed with the court. (This order is required by Health & Saf. Code, § 103435(e).)
In item 5, put the name and address of any living parent you (the minor) have who is not signing the petition. If you have no
l
parents living, or none other than the person or persons signing the petition, check the appropriate box in item 5.
If you are not asking to change your name, you can skip items 6, 7, and 8 on the form and go to the Declaration and
l
signatures required at the end of the form. (See Declaration and Signatures instructions below.)
If you are asking the court to change your name in this petition, you must complete the following items also:
l
You should check the box in the title of the form, in front of "and CHANGE OF NAME."
l
You must check item 6, and put your proposed new name in that item. (If you have already obtained a name change
l
decree from a court that you want to have reflected in your new birth certificate, you do not need to get another decree or to
check this box, but must attach a certified copy of that name change decree to this form.)
You must check the box in item 7 and you must also complete an additional form, form NC-110 and, if a guardian is the
l
adult signing the petition, form NC-110G. That form must be signed by the same adult signing this petition.
You must check item 8, stating that you (the minor whose name is to be changed) are a resident of the county in which you
l
are filing the petition.
Declaration and Signatures. You (the minor) must complete (check the box identifying your new gender) and sign the
l
Declaration on the second page of the petition. Be sure to read it carefully, because you are signing under penalty of perjury.
The adult named in item 1 must also sign the form.
Page 1 of 2
Form Approved for Optional Use
INSTRUCTIONS FOR FILING PETITION FOR RECOGNITION OF
www.courts.ca.gov
Judicial Council of California
MINOR'S CHANGE OF GENDER AND ISSUANCE OF
NC-500-INFO [New September 1, 2018]
NEW BIRTH CERTIFICATE (and CHANGE OF NAME)
NC-500-INFO
INSTRUCTIONS FOR FILING PETITION FOR RECOGNITION OF MINOR'S CHANGE
OF GENDER AND ISSUANCE OF NEW BIRTH CERTIFICATE (AND CHANGE OF NAME)
1.
Where to File
You may file a petition for a court order for recognition of a change of gender and issuance of a new birth certificate reflecting that
change in the superior court of any county in California. (If you were born in California, you may file the order with the State
Registrar and obtain a new birth certificate.) If your petition includes a request to change your name, you must file in the superior
court of the county where you (the minor whose name is to be changed) presently reside.
2.
What Forms Are Required
You need an original and two copies of each of the following forms:
a.
Petition for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (form NC-500)
b.
Order to Show Cause for Recognition of Minor's Change of Gender and Issuance of New Birth Certificate (form NC-520) (see
item 5 below).
c.
Order Recognizing Change of Gender and for Issuance of New Birth Certificate (form NC-330)
d.
Civil Case Cover Sheet (form CM-010)
If you are also seeking a name change, you also need an original and two copies of the forms listed at e, f, and possibly g below.
e. Name and Information About the Person Whose Name Is to Be Changed (Attachment to Petition for Change of Name) (form
NC-110 and, if a guardian is signing the petition, form NC-110G).
f.
Order to Show Cause for Change of Name to Conform to Gender Identity (form NC-125/NC-225) (see item 5 below).
g.
Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (form NC-230)
3.
Completing the Petition
Use form NC-500 only if you are under 18. (Adults seeking an order recognizing change of gender must use form NC-200 or
NC-300.)
Fill out the top left side of the form with your name, address, phone, and e-mail address (or your attorney's, if you have one)
l
and the name and address of the court in which you are filing the form.
In item 1, put your name (the name of the minor asking for the court order) and the name and relationship of the adult who is
l
also signing the petition. One or both of your parents or your guardian should sign. If neither parent is alive, and you do not
have a guardian, a near relative or friend can sign. Check one of the boxes to show whether the person signing is a parent,
guardian, near relative, or other (and describe what the "other" relationship is).
Item 2 asks the court for a decree reflecting your new gender. Check the box to indicate what gender you (the minor) have
l
changed to.
Item 3 asks the court for an order that a new birth certificate be issued to reflect your change of gender.
l
Item 4 asks the court to issue an order that will give notice to any living parent who did not sign the petition that any objections
l
must be filed with the court. (This order is required by Health & Saf. Code, § 103435(e).)
In item 5, put the name and address of any living parent you (the minor) have who is not signing the petition. If you have no
l
parents living, or none other than the person or persons signing the petition, check the appropriate box in item 5.
If you are not asking to change your name, you can skip items 6, 7, and 8 on the form and go to the Declaration and
l
signatures required at the end of the form. (See Declaration and Signatures instructions below.)
If you are asking the court to change your name in this petition, you must complete the following items also:
l
You should check the box in the title of the form, in front of "and CHANGE OF NAME."
l
You must check item 6, and put your proposed new name in that item. (If you have already obtained a name change
l
decree from a court that you want to have reflected in your new birth certificate, you do not need to get another decree or to
check this box, but must attach a certified copy of that name change decree to this form.)
You must check the box in item 7 and you must also complete an additional form, form NC-110 and, if a guardian is the
l
adult signing the petition, form NC-110G. That form must be signed by the same adult signing this petition.
You must check item 8, stating that you (the minor whose name is to be changed) are a resident of the county in which you
l
are filing the petition.
Declaration and Signatures. You (the minor) must complete (check the box identifying your new gender) and sign the
l
Declaration on the second page of the petition. Be sure to read it carefully, because you are signing under penalty of perjury.
The adult named in item 1 must also sign the form.
Page 1 of 2
Form Approved for Optional Use
INSTRUCTIONS FOR FILING PETITION FOR RECOGNITION OF
www.courts.ca.gov
Judicial Council of California
MINOR'S CHANGE OF GENDER AND ISSUANCE OF
NC-500-INFO [New September 1, 2018]
NEW BIRTH CERTIFICATE (and CHANGE OF NAME)
NC-500-INFO
4. Filing and Filing Fee
Prepare an original Civil Case Cover Sheet (form CM-010). File the original petition (with attached form NC-110 or NC-110G if
you are seeking a name change) and Civil Case Cover Sheet with the clerk of the court and obtain two filed-endorsed copies of
the petition. A filing fee will be charged unless you qualify for a fee waiver. If you want to apply for a fee waiver, see Request to
Waive Court Fees (form FW-001) and Information Sheet on Waiver of Court Fees and Costs (form FW-001–INFO).
5. Requesting a Court Hearing Date and Serving the Order to Show Cause
A. Petition not signed by all living parents.
If any of your parents now living has not signed the petition, that parent has to be given notice and the right to object to the petition.
You should request a date for a hearing on the Order to Show Cause for Recognition of Minor's Change of Gender and Issuance of
New Birth Certificate (and Change of Name) (form NC-520) at least six weeks in the future. Take the completed form to the clerk's
office. The clerk will provide the hearing date and location, obtain the judicial officer's signature, file the original, and give you a
copy. You must have a copy of the completed Order to Show Cause showing the time and place of the hearing served on the
nonsigning parent after you file the petition, and you must file a Proof of Service with the court (see form POS-040). If a nonsigning
parent lives in California, the form must be served on the parent in person. If a nonsigning parent lives outside California,
the form may be served either in person or by first-class mail requiring return receipt. If such service is not possible or if a
nonsigning parent lives outside the United States, then you may ask the court that service be done in another way.
B. Petition signed by all living parents, or none of your parents are living
If all your parents now living have signed the petition, or if neither of your parents is alive and another adult signed, then you need
not request a hearing date and one of the following will apply:
l
If you are not requesting a name change, you need not do anything further unless the court asks you to. The court will
make the decision based on the petition you filed.
l
If you are requesting a name change in this petition, you must complete the Order to Show Cause for Change of Name
to Conform to Gender Identity (form NC-125/NC-225), take it to the clerk's office to obtain the judicial officer's signature, and
file the original. You do not need to serve this form on anyone. If objections are filed within six weeks of the issuance of that
form, the court will set a hearing date and send you and the objectors notice of the date, time, and place. If no objections
are filed, the court will make the decision based on the petition you filed.
6.
Court Hearing
If a hearing date was set, but no written objection is filed at least two court days before the hearing, the court may grant the petition
without a hearing. Check with the court to find out if a hearing will be held. If a hearing is held, bring copies of all documents to the
hearing. If the judge grants the petition, the judge will sign the original order: form NC-230 if your petition included a request for a
name change and form NC-330 if it did not ask for a name change.
7. Domestic Violence Confidentiality Program
In cases where the petitioner is a participant in the state address confidentiality program (Safe at Home), the petition, the order to
show cause, and the decree should, instead of giving the proposed name, indicate that the name is confidential and on file with
the Secretary of State. See Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at
Home) (form NC-400-INFO).
8.
Birth Certificate
If you were born in California, to obtain a new birth certificate reflecting the change of gender or name, file a certified copy of the
order within 30 days with the Secretary of State and the State Registrar and pay the applicable fees. You may write or contact the
State Registrar at:
California Department of Public Health
–
Vital Records
MS 5103
Phone: 916-445-2684
P.O. Box 997410
Website: www.cdph.ca.gov
Sacramento, CA 95899-7410
Local courts may supplement these instructions. Check with the court to determine whether supplemental information is available.
For instance, the court may provide you with additional written information identifying the department that handles name and
gender change petitions, and the times when petitions are heard.
NC-500-INFO [New. September 1, 2018]
INSTRUCTIONS FOR FILING PETITION FOR RECOGNITION OF
Page 2 of 2
MINOR'S CHANGE OF GENDER AND ISSUANCE OF
NEW BIRTH CERTIFICATE (and CHANGE OF NAME)
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