Q: Can I change my gender marker on my Ohio driver's license?

A: Yes. See Ohio BMV "Declaration of Gender Change" for instructions.

Q: I reside in Ohio, but my doctors and therapist are out of state. Can they sign the "Declaration of Gender Change" form?

A: Yes. Any licensed physician/psychologist/therapist is qualified to sign the "Declaration of Gender Change" form as long as they are in accordance with the guidelines set forth in the World Professional Association for Transgender Health's (WPATH) Standards of Care.

Q: Does my physician/psychologist/therapist need to be a member of WPATH?

A: No. Any licensed physician/psychologist/therapist is qualified to sign the "Declaration of Gender Change" form as long as they are in accordance with the guidelines set forth in the World Professional Association for Transgender Health's (WPATH) Standards of Care. Membership to WPATH is NOT a requirement for your physician/psychologist/therapist.

Q: Do I need to have any surgery to have my gender marker changed on my Ohio driver's license?

A: No. The Ohio BMV no longer requires a letter from your surgeon stating you've had SRS.

Q: Is my information public information?

A: No. All records of the Ohio Department of Public Safety or Bureau of Motor Vehicles relating to the physical or mental condition of any person are confidential and are not open to public record.

Q: Can my gender marker be changed if I haven't had a court ordered name change yet?

A: Yes. You can change your gender marker even if your name has not been changed.

**Note: TransOhio does recommend making sure that if you've not had your name changed through the Probate Court, that you do so as soon as you're able to, so that your name AND gender reflect correctly on your new driver's license.

Q: I heard that there is a new format for Ohio driver's license. Are driver's licenses being issued with a pink background for women, and a blue background for men?

A: There is a new format for the Ohio driver's license. The background color is pink for all driver's licenses.

If you have additional questions about the new "Declaration of Gender Change," please contact TransOhio.

Written by Tara Allison, Esq., Former TransOhio Board Member & Legal Counsel. Originally published by TransOhio, December 2006, www.transohio.org/news/DecTransOhio.pdf

The name change process in Ohio.

I say "in Ohio" because the law related to changing your name is state law, meaning that it varies from state-to-state. So, in this case, my comments will reflect Ohio's law on this matter.

Ohio laws are "codified" (i.e., logically organized by topic) in the "Ohio Revised Code." Section 2717.01 of the Ohio Revised Code controls this process and is entitled "Proceedings to change name of person." Yeah, I know, it's not very creative, but at least it's clear. Anyway, the pertinent part states:

"A person desiring a change of name may file an application in the probate court of the county in which the person resides. The application shall set forth that the applicant has been a bona fide resident of that county for at least one year prior to the filing of the application, the cause for which the change of name is sought, and the requested new name.

Notice of the application shall be given once by publication in a newspaper of general circulation in the county at least thirty days before the hearing on the application. The notice shall set forth the court in which the application was filed, the case number, and the date and time of the hearing.

Upon proof that proper notice was given and that the facts set forth in the application show reasonable and proper cause for changing the name of the applicant, the court may order the change of name."

Ok, that's what the law literally says, but what does all that mean? Well, first, notice that the last sentence states that the court "may order the change of name." It’s discretionary. That means the court doesn't have to order the name change. I’ll get back to this in a few minutes.

Second, notice that in Ohio, this entire process is handled by county probate courts. In most instances, the probate court has developed step-by-step instructions and "fill-in-the-blank" forms to help you through the process. For the most part, the process consists of:

Completing and submitting an application to the court for changing your name

Advertising your application in a local newspaper at least 30 days before the hearing on your application

A hearing where, after some questions to ensure you've complied with the process, the judge officially orders your named changed to your new name.

The specific instructions (and the forms) should be available through your local county probate court. For example, in Franklin County, Ohio, these instructions and forms are posted on the probate court's website: https://probate.franklincountyohio.gov/forms/name-change

This website is very helpful, but I can't guarantee that every county's probate court has done this. In some of the less populated counties, the probate courts have far less resources to set up and maintain such helpful websites. In such a case, you should take time to call the probate court clerk and ask for guidance and assistance through the process.

Keep in mind, in order to successfully change your name; you must follow all the court's rules exactly. Anything short of that and you could be denied your name change.

What about the "discretionary" thing? How do they decide when to grant the name change and when not to?

Well, let's see if I can shed a little light on this subject. Along with the statutory law (that is, the textural law: statutes passed by the Ohio General Assembly, signed into law, and codified in the Ohio Revised Code), there is case law, which is law that is formed by the process of the courts interpreting and implementing the statutory law. In Ohio, the highest court is The Supreme Court of Ohio. Cases decided by that court are binding on all other state courts in Ohio. This means that if The Supreme Court of Ohio declared that the law in Ohio is to be interpreted and applied in a certain way, then all Ohio courts must interpret and apply the law in that same manner.

In the case of name changes, The Supreme Court of Ohio has said two things that are particularly relevant to the transgender community when seeking to change their name in Ohio.

First, because changing a name through judicial decree implies an official consideration and endorsement of the new name (i.e., the State is doing this), the Supreme Court of Ohio had to develop a standard to guide other courts in deciding when to grant (and when not to grant) a name change. In Ohio, the standard for deciding whether to permit a "legal" name change is proof that the facts set forth in the application show "reasonable and proper cause" for changing the name (this was decided by The Ohio Supreme Court in the case of In re Willhite (1999), 85 Ohio St.3d 28, 1999 Ohio 201, 706 N.E.2d 778). So, as long as you have a "reasonable and proper cause" for changing your name, the court should grant the name change.

What does "reasonable and proper cause" mean?

First, you can't change your name in an attempt to commit fraud on someone (e.g., to hide from creditors, to skip out on child support, etc.). Those would be improper causes. Secondly, that brings me to the second relevant case.

In the case of In re Maloney (2001), 96 Ohio St.3d 307, 2002 Ohio 4214, 774 N.E.2d 239, The Supreme Court of Ohio overruled a lower court ruling, and permitted a transsexual male to change his name from Richard to Susan as part of his sex reassignment therapy.

What significance does that have?

Well, courts are bound to follow precedent, and in this particular case, The Supreme Court of Ohio permitted a transsexual male to change his name from a man's name to a woman's name. So, if The Supreme Court of Ohio has already decided that that constitutes a "reasonable and proper cause" for changing a name, other courts can't turn around now and say that it's not a "reasonable and proper cause" for changing a name.

Why is the case law important to your process?

In Ohio, judges are elected, and not everybody who becomes a judge has ever come across a name change case. Normally, lawyers guide you through the process, and in doing so, they normally do this kind of research "legwork" for the court (which is normally submitted to the court in the form of motions and briefs).

However, few in the transgender community can afford an attorney for a process that has, for the most part, become "self-serve." During the process, if you find yourself, alone, in front of a judge who is unfamiliar with your particular situation, courteously bring the referenced cases to attention of the court. It might save you another trip back to the court, while the judge gives himself time to do the research that I've just given to you.

So, now you know what to do or at least how to go about doing it (i.e., finding all the forms and instructions for changing your name). More importantly, if in the process of changing your name you run into a judge that is unfamiliar with this area of the law, you can help him. Remember; always be courteous and respectful towards the judge!

I hope this helps.

Last, but not least, I highly encourage each of you to do this with the help of a licensed attorney. The law changes with each newly decided case; and attorney can make sure that the cases that I've written about here are the most current. You can fill out all the forms and give your attorney this research; it should cut down significantly on the bill.

Keep in mind, changing your name is very important to your transition process, so do it right!

Written by Tara Allison, Esq., TransOhio Board Member & Legal Counsel. Originally published by TransOhio, December 2006, www.transohio.org/news/DecTransOhio.pdf

Update coming ASAP

To change name and gender marker on your passport or Social Security record, you need a certified name change order, certified birth certificate, a physician's letter, and a photo ID. The letter must be written by a licensed physician (M.D. or D.O.). It can NOT be written by a life coach, religious authority, social worker, or therapist.

ON PHYSICIAN LETTERHEAD

I, Physician's Full Name, Physician's medical license or certificate number, Issuing U.S. State/Foreign Country of medical license/certificate, am the physician of Name of Patient, with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).

Name of Patient has had APPROPRIATE CLINICAL TREATMENT FOR GENDER TRANSITION to (specify new gender male or female).

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Signature of Physician

Typed Name

Date

Update: Unfortunately, as of January 2019, the TransOhio Passport Financial Assistance Program is suspended due to lack of funding. To contribute to the program, please donate today and include the note "passports."

In 2017, The National Center for Transgender Equality (NCTE) received a donation for a grant program involving obtaining updated U.S. passports for members of the community in the state of Ohio and this grant has been provided to TransOhio. This program will allow individuals to apply for a new or updated passport with the U.S. Department of State concerning a name and or gender marker change on this documentation. An applicant can only receive one award of financial assistance in this program so it is recommended that you obtain both name change and gender marker change in one application if you need both and have limited resources. If you have already done one but need to update the other this would be a great way to do so. Checks are issued to applicants upon completing applications and submitting them TransOhio by emailing them to scholarships@transohio.org.

Please note however, that a prior receipt of an award from our separate program of financial assistance for a name change petition to state courts does NOT preclude you form applying for assistance in Passport program as they are funded by separate grant programs. Therefore you can apply for financial assistance in the name and gender marker change program and get your name legally changed and updated ID and then apply and get assistance in this program to get new and or updated Passport as well. Checks are payable to Dpt. of State only and funds only apply for regular and not expedited applications for Passports. TransOhio is excited to have launched both programs and both are now fully funded so we stand ready to assist our beautiful community in your journey to receive legal recognition of your true identity.

Apply now while funds are still available! Application below:

Many times in our community, individuals lack financial resources to complete this important process in their journey. TransOhio has secured six grants so that resources are available to such individuals to get this legal hurdle completed even if lacking in all the funds to complete the same. Below is the policy (please read prior to completing the application) and link to the application itself. Please complete the application and email the completed form to scholarships@transohio.org.

We hope this development will aid our community in making this process a little easier.

TransOhio Legal Documents Financial Assistance Application Policies

Applicants must have completed Application/Petition for Name Change either individually, through private counsel, through the assistance of pro bono counsel, or use of a TransOhio Legal Clinic, and must have all paperwork ready to be filed with Court at the time of completing the application for financial assistance.

Applicants may seek full or partially funding to complete the process. The application for financial assistance can be found here.

Applicants must demonstrate appropriate financial need before being awarded a scholarship. Submission of a financial assistance application is not a guarantee of funding. Applications may be denied, awarded in part, or awarded in full.

All funds awarded by TransOhio must be used for the completion of the filing process for name change in your Ohio county of residence. We do not award funds for additional costs, such as replacing documents. We cannot reimburse the costs of Petitions for Name Change that have already been paid, regardless of hardship.

All checks/money orders issued by TransOhio for this process are made out to the clerk of courts or other similar county governmental entity of the county of residence of the applicant and /or the newspaper of general circulation required by the county for purposes of publication and notice required by the county to complete the application for name change process. No checks can be issued to individuals.

Applicants are responsible for ensuring that they seek the correct monetary amount and that checks/money order are made out to the correct entity.

Applicants must utilize the least expensive method of publication if offered a choice of publications in the county they are completing the process.

Funds must be used within 90 days of receipt. There are no "refunds," and we cannot guarantee re-issue of checks/money orders that have expired or are otherwise not honored by the Court, as funding is limited and not always readily available.

Applicants must attend their scheduled hearing for name change set by the court.

Applicants can only apply for financial assistance for this process one time.

If able, all applicants are encouraged to donate some funds back into "the pot," so that others may also enjoy access to this important step in transition.

Fill out a financial assistance application for changing your name.