Virginia - Campaign for Southern Equality

NOTE: This website provides information about acquiring medical or attorney referrals; it is not medical or legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee.

Virginia State Laws & Guidelines

Virginia law about name changes: Virginia code § 8.01-21

What You Need:

Name Change Petition
Civil Cover Sheet
Social Security Form
Additional instructions can be found here.

Total Estimated Costs: $152.00.

For more information about state-issued documents in Virginia, see the National Center for Transgender Equality’s ID Documents Center.

Steps:

Fill out the Name Change Petition and get it notarized. Make two copies of this form. Fill out the Civil Cover Sheet.
Take all forms along with self addressed stamped envelope and $132.00 and file with the circuit court clerk in the county where you live.
You will be given a court date. Appear in court on that date and if your name change is granted you will receive a certified copy of your name change order approximately three weeks later.
For additional copies of the certified order you can pay $2.50 each.

*Additional documents may be required: Driver’s license or picture ID, birth certificate or current passport, copies of current bills showing current address.

Don’t Forget: Once your name change has been approved, you will need to update this with several government agencies. This includes changing your name with the Social Security Administration and the Virginia Department of Motor Vehicles. You will need to change your name with Social Security Administration prior to changing it with the DMV. You will need to bring the copy of your name change order along with $20.00 for a corrected license.

gender marker change

Virginia will issue a new birth certificate. The law about changing the gender on your birth certificate can be found here: Virginia Code Annotated § 32.1-269.

Provide the State Registrar with a certified copy of a court order indicating that your sex has been changed by medical procedure, or provide the State Registrar with acceptable evidence (pre-operative diagnosis, postoperative diagnosis, description of procedure, and notarized affidavit from your physician) and request that they issue a new birth certificate.

If your petition is denied, you can petition the circuit court in the county where you live or the Circuit Court of the City of Richmond, Division I, for an order compelling the Registrar to amend the vital record. See also 12 Virginia Administrative Code 5-550-320, if a notarized letter from the physician performing the surgery is presented, a court order may not be necessary.

This document is intended for informational use only, and is in no way intended to constitute legal advice or the opinions of the Campaign for Southern Equality. Because the law is constantly changing, the Campaign for Southern Equality cannot guarantee that this information is accurate and up-to-date. Procedures may vary by county. If you have any questions, please consult a licensed attorney.

More than 500,000 trans folks call the South home. Trans in the South contains lists of trans-friendly service providers – from doctors to attorneys to counselors – across the South. This resource guide helps people find the services they need to survive and thrive.

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Virginia State Laws & Guidelines

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How to Change Your Name and Gender Marker

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