Changing Legal Name and Legal Sex

Changing your name legally in the State of Ohio requires a court order, newspaper advertisement, and court hearing.

1. Probate Court Order

You must file your name change application in the Probate Court for the county you live in. You must have been a resident of that county for at least sixty days before you can file. For instructions on filing for a name change in Franklin County, the county probate court offers a guide on Adult Name Change in Franklin County. If you are only a temporary resident of Franklin County but have your permanent address in a different county, you will need to go to probate court in the county of your permanent address. Equitas Health provides a directory of requirements per county in Ohio.

For those in Franklin County, you will need to:

1. Complete an Application for Change of Name

2. Get your completed application notarized

3. File your notarized application along with (1) a photocopy of birth certificate or birth record and (2) a photocopy of government issued identification

4. Pay filing fee ($128)

2. Newspaper Advertisement

The State of Ohio requires you to advertise your application in a local newspaper at least 30 days before the hearing on your application. The court will provide additional details once you submit your application.

3. Hearing in Court

You will be provided notice of a date for your hearing at which, after some questions to ensure that you have complied with the process, the judge will officially order your original name changed to your new name. The court order obtained after this decision can be used to change a number of records (financial, etc.).

For additional information, please refer to the Ohio Revised Code 2717.01, which addresses acquiring a legal name change.

The Ohio Department of Public Safety Bureau of Motor Vehicles (BMV) allows individuals to change their name using a written court order. The BMV will also allow individuals to change the gender marker on their driver’s license with the written authorization of a qualified professional.

Name Change

To update your name on your Ohio driver’s license or Ohio ID card, take both of the following to any local BMV license agency:

1. Your current driver’s license or ID card; and

2. A certified copy of the court order approving your name change.

The BMV should issue you a new license or ID card with your updated name. At this time, you may also update your name on your voter registration.

Gender Marker Change

To update your gender marker on your Ohio driver’s license or ID card, complete these steps:

Complete the Declaration of Gender Change Form

1. Download the Declaration of Gender Change. Fill out the sections labeled “To Be Completed by Applicant” and “Release of Information.”

2. The form will also need signed by a physician, psychologist, therapist, nurse practitioner, or social worker who is licensed to practice in the United States that certifies the gender identity of the applicant.

Submission

Mail or fax your completed Declaration of Gender Change form to the BMV.

Ohio Bureau of Motor Vehicles Attn: License Control
PO Box 16784
Columbus, OH 43216-6784
Phone: 1-614-752-7500/Fax: 1-614-752-7987 P

In 7-10 days, you will be notified by letter if the gender change is approved, and you will receive a document that may be presented to any local BMV license agency.

License Re-Issue

Once you receive the letter, take the following documents to any local BMV license agency:

1. Your current driver’s license or ID card; and

2. Declaration of Gender Change approval letter.

The BMV should issue you a new license or ID card with your updated gender marker. (Be prepared to take a new photo!) Also, note that your old driver’s license/ID must be surrendered.

Name Change

Present a certified copy of the court order recognizing your name change to the Ohio Department of Health’s Office of Vital Statistics, and request a new birth certificate.

Sex Marker Change

The Ohio Department of Health (ODH) has established new procedures that allow transgender people to correct the legal sex marker on Ohio birth certificates. This process is called a court-ordered correction of a birth record.

What is the process for correcting the sex marker on an Ohio birth certificate?

1. Complete and file an Application for Correction of Birth Record

2. File your completed application along with (1) a certified copy of your birth certificate and (2) a photocopy of government issued identification

3. Pay filing fee

4. Obtain an order from a probate court for a correction of their birth certificate.

   • The required court order can be issued by a probate court in Ohio, or a court in the state where the person resides.

   • A person may also request a court order approving a name change at the same time and in the same court where they seek correction of their legal sex marker. Additional requirements for a name change are set forth in Ohio’s laws.

5. Once the birth certificate sex marker correction is approved by a probate court, the probate court will automatically send its order to ODH, and ODH will automatically perform the correction.
   
   
6. ODH will seal the old birth certificate when it receives the probate court’s order, and the prior (i.e. uncorrected) birth certificate will not be accessible to anyone except the applicant. ODH will issue a new, corrected birth certificate, and it will not be evident that there has been any change.

Name Change

To change your name, you must apply for a new passport.

If less than one year has passed since your passport was issued

1. Use this online guide to fill out and print Form DS-5504, or print Form DS-5504 and complete it by hand.

2. Submit the form by mail along with your current passport, an original or certified name change document (no photocopies), and a color passport photo to:

   • National Passport Processing Center
     P.O. Box 90107
     Philadelphia, PA 19190-0107

If more than one year has passed since your passport was issued

1. Use this online guide to fill out and print Form DS-82 or print Form DS-82 and complete it by hand.

2. Submit the form by mail along with your current passport, an original or certified name change document (no photocopies), a color passport photo , and all applicable fees, to

   • National Passport Processing Center
     P.O. Box 90155
     Philadelphia, PA 19190-0107

• Note, some people may not be eligible to complete DS-82 and will need to submit others forms in person.

Gender Change

To change your gender on a U.S. Passport, you must apply for a new passport.

• You must complete and submit the following documents in person:

  1. Application for a U.S. Passport (Form DS-11);

  2. Proof of U.S. Citizenship;

     • Acceptable documents include a previous U.S. passport, certified birth certificate, or, for those born abroad, Certificate of Naturalization, Certificate of Citizenship, or Report of Birth Abroad.

  3. Proof of Identity;

     • Acceptable documents must contain your signature and a photograph that is a good likeness of you.

     • These include a previous or current U.S. passport book; previous or current U.S. passport card; driver’s license (not a temporary or learner’s license); Certificate of Naturalization; Certificate of Citizenship; military identification; or federal, state, or municipal government employee identification card.

  4. A recent color photograph 2×2 inches in size;

  5. Fee; and

  6. In addition to normally required U.S. Passport application documents, you must submit:

     • Proof of legal name change (if applicable); and

     • A physician statement that validates that you have either completed or are in process of treatment for gender transition. A description of any specific treatment is not required. The State Department has provided a template Physician’s Statement; however, the certification must be on the physician’s office letterhead.

• Take these documents to any passport acceptance facility, which include courthouses, post offices, and some public libraries or municipal offices. *See the National Center for Transgender Equality’s ‘Know Your Rights: Passport’ page for more information on exceptions to the above.

A sex/gender marker is an indication on an individual's records regarding whether that person is classified as male or female for legal purposes. We are all designated a sex/gender at birth (male or female). Some who are trans/nonbinary seek to change this marker on legal documents. 

Using “sex/gender marker” reflects that terminology varies across agencies. For example, the Ohio Bureau of Motor Vehicles (BMV) references “gender” on documents, while the Ohio Department of Health (ODH) and Social Security Administration reference “sex” on documents.

In addition, using "sex/gender" reflects the ways in which assigned sex and gender identity are often conflated, both legally and socially.

For reporting required by federal and state governmental agencies, legal sex is defined as the sex indicated on government documents (e.g., state photo identification). Legal sex may differ from sex assigned at birth, gender identity and/or gender expression.

The university is required to collect Legal Sex Designation data in certain systems and business processes, including student and employee official records that are reported to federal and state governmental agencies (e.g., the federal Departments of Education and Labor). The university makes every effort to limit reporting of either legal sex designation to instances where such data is required by law, and primarily uses this information in aggregate to make informed, data-driven decisions related to strategic resources and student and employee support. In addition, regulations require the university to ask employees to self-disclose this information on legal sex at the time of application and the time of hire, and if not disclosed voluntarily during onboarding the university is required by law to make this designation.

Unfortunately, no. Students who waive SLS coverage cannot reverse this decision later in the year when a legal issue or question arises, no exceptions. 

The good news is, you will be re-enrolled into SLS next academic year. Don't opt out next time around.

If you're a graduating senior or don't want to wait, check out the above section External Resources.