Trans survivors of sexual violence often face an extra set of challenges when it comes to identification and records. Many trans and gender nonconforming (TGNC) people have identification (like a driver’s license) that does not have their correct name and/or gender listed, making it challenging to gain public benefits or navigate the court systems. The name-change process may seem intimidating at first, but CAASE attorneys are here to help make the process as simple and smooth as possible. 

There are many reasons a survivor would want or need to change their name. Of course, there are trans and nonbinary people whose birth name does not match their gender. There are also survivors of human trafficking who would benefit from a name change. A few years ago, Illinois had outdated and restrictive bans and waiting periods for people with felony convictions who were seeking name changes. Today, many of those barriers have been removed. People with felony convictions can change their names under specific criteria. Whether you need a name change to feel more safe, comfortable, or need a fresh start, you have options.  

If you’re a survivor looking to begin the process of changing your name and gender markers in Illinois, here’s what you can expect.

Step 1: Submitting a Petition to the Court

The first step will be filing a petition with the court. A petition is simply a written request to the court. This written request will include basic information like the name you’d like to change, your updated correct name, address, and birth date, as well as questions about convictions of crimes you may have. You will also have to sign the petition. In the past, Illinois law required that you would need to publish a notice of the petition in a newspaper for three consecutive weeks, starting at least 6 weeks before your hearing.  

Step 2: Publishing a Notice of Petition

Changes were made earlier this year to the form you will file that should allow you to opt out of publishing your name change in the newspaper. We know publishing this information can feel scary or can even put someone at risk of harm, but CAASE’s attorneys can talk through the pros and cons and explain your options. You can take advantage of this by using a publication waiver. A publication waiver is a short form you will fill out. The form says you can use it if you believe publishing your name would be a hardship or if you’ve previously been granted a protective order. Hardship could mean discrimination, physical harm, harassment, threats of violence, or other things. The law does not require you to provide evidence of hardship though – it is a box that you check saying you want to waive the requirement. You can view the new publication waiver here. 

If you are OK with publishing a notice in a newspaper, you can utilize Chicago Daily Law Bulletin. Public notices published in the Law Bulletin do not appear in Google searches, which will hopefully make you feel more comfortable and secure. Using a waiver instead of publishing in a newspaper may slightly prolong the process, so it is up to you to choose which route makes the most sense for your situation.

You will have to fill out one of these forms, depending on if you will be publishing your name change in a newspaper or if you will be using the waiver to opt out: 

• • Publication Notice of Court Date for Request for Name Change (Adult) if you are comfortable publishing your name change in a newspaper.  

• • Motion to Waive Notice & Publication (Request for Name Change) if you would like to ask the judge to not require your name change be published in a newspaper. 

Once you get into court, issues should not arise unless there is an issue with your criminal record. For example, having fraud crimes on your criminal record, or being required to register on the sex offense registry. Our attorneys can answer questions you may have about your own situation.

For survivors under 18, visit the Legal Help for Name and Gender Marker Changes page of our website to learn more about parent/guardian involvement in this process. 

Step 3: Receiving a Court Order, and Requesting Changes at Government Agencies

Next, you’ll receive your court order, which is your “golden ticket” to getting changes made! A court order is an order the court gives you that tells you to do (or not do) something. Once you have that, you can go to each agency to get your name changed on identifying documents and personal accounts. Agencies could include the Department of Motor Vehicles (DMV), the passport office, or public benefits offices for services like Supplemental Nutrition Assistance Program (SNAP), Food Assistance for Women, Infants, & Children (WIC), Temporary Assistance for Needy Families (TANF), and more.

If you need only a gender marker change, you do not need a court order. You can simply go to an agency, such as the DMV, and ask for your gender to be changed on your license or ID. All you need to provide in that case is identification, a Gender Designation Change Form, and pay a fee ($5 for changing a driver’s license or $10 for changing a state ID). You can change your gender marker to “X”, a gender-neutral option, Male, or Female.

If you’re looking for information to be changed on your birth certificate, that process will differ depending on what state you were born in.

After all these steps are complete, your name and/or gender markers will be officially legally changed! Having identification that matches your true current name or gender will help with complications with identification, public benefits, employment, and other systems. Resolving issues with these systems will hopefully be an easier, smoother, and more comfortable process.  

Get in Touch With the CAASE Legal Team!

CAASE is proud to offer these name and gender marker change services for survivors. If we can be of assistance, we hope you reach out. To learn more about our free legal services or schedule a consultation, please call our legal intake line at 773-244-2230, ext. 205 or email legal@caase.org. All personal information will be kept confidential. Our Legal Staff speaks Spanish, Portuguese, Urdu, and Hindi. Translation services are also available in all languages. 

Court System Vocabulary To Know 

Word	Meaning
Petition	A petition is a formal written request to a court.
Petitioner	Petitioner is the legal term for someone asking the court to do something – in this case, a survivor/client asking the court for a name change.
Court order	An order issued by a court that requires a party to do or abstain from something.

CAASE published this piece on March 11, 2024. It was authored by Lizzy Springer, with input from Cecilia Landor and Melanie Martin, and edited by Madeleine Behr. Learn more about our staff here.