Identity Document Resources

Minors

In Mississippi, a minor is a person under the age of 21. If you are a minor under 21 years old, you must have all legal parents join in the Petition with you to use our forms. If you have one or both parent who oppose your name change, reach out to us. You may be able to change your name using our form generators, but only if both parents: are listed on your birth certificate, are currently living, and join your petition to change your name. If you are not in this situation (due to: adoption; termination of rights, abandonment, or death of one or more of your parents; an unlisted second parent on your birth certificate; having no living parents; having only legal guardians; or opposition to your name change by one or both parents) then you may attend our quarterly legal clinics for assistance.

A gender marker amendment will require consulting with an attorney. Reach out to us for additional assistance and information and you may be eligible for assistance through our quarterly legal clinics

Jurisdiction

• If you were born in Mississippi and you live in Mississippi:
  • In order to change your name with or without amending your birth certificate, you must have lived in a Mississippi county for at least six (6) months.
• If you were born in Mississippi and you do NOT live in Mississippi:
  • If you are seeking to amend your birth certificate (changing your surname and/or your gender marker),you may file a lawsuit in any Mississippi county; however, our forms generate documents to file in Hinds County, so reach out to us if you prefer to file in another county and we can discuss your situation.
  • If you are seeking to change your name WITHOUT amending your Mississippi birth certificate, our form generators will not work for you. Please reach out to us to be referred to an organization or resource in your birth state that can help you.
• If you were NOT born in Mississippi and you LIVE in Mississippi:
  • If you are seeking to amend your birth certificate (changing your surname and/or your gender marker), our form generators will not work for you. Please reach out to us to be referred to an organization or resource in your birth state that can help you.
  • If you are seeking to change your name WITHOUT amending your out-of-state birth certificate, you must have lived in a Mississippi county for at least six (6) months.

Can I use your site to change my name if I am not transgender?

• Yes! Anyone can use our resources to change their legal name because they prefer a different one. However, the form generators providing legal name documents are not to be used in connection with a dissolution of marriage (divorce) or for adoption of children. If you want a change of name because of a dissolution of marriage (divorce) or adoption of children, the change of name should be requested as part of that case. Note that people who are currently incarcerated may not petition to change their name through the Courts

If I use these resources, are you representing me as my attorney?

• No. The ACLU of Mississippi provides this free service to help Mississippi residents and former residents update their legal name and their identification documents, but does not constitute legal advice. The information on the site has been provided by, and confirmed by, Mississippi attorneys and is legally accurate, but is provided without guarantee or warranty.

I only want to change my gender marker on my Mississippi driver’s license or other state ID. Do I have to also change it on my birth certificate?

• To change your gender marker on any Mississippi-issued documents (state identification card, driver’s license, etc.), Mississippi requires that you present abirth certificate reflecting the gender designation change, or an order from a court (Mississippi or another state) indicating a change to the request in gender designation. Practically, this means many people file a lawsuit to update their gender marker on their birth certificate so they can later get a driver’s license with their corrected gender marker.

I have already changed my name before, can I still use your site to change my name?

• Yes, you can change your name again as long as you provide a copy of the previous name change (either through marriage, divorce, court order, etc.) when you file your petition for name change. The automated process will guide you through these questions, don’t worry! 

• I am a parent seeking to change the name of my minor child, can I use your website?
• Yes! You will use either the “Minor First and Middle Name Change” or the “Minor Surname Change” form generator to change your minor child’s name. Please see the notes above about minors.

I would like to change my gender marker to a non-binary option, neither male nor female, can I do this?

• Currently, this is not an option on drivers’ licenses or birth certificates in Mississippi. Other states have adopted third gender options on their state documents, but currently the only two options in Mississippi are male and female. Your passport and other federally-issued documents, however, can display a non-binary marker of “X.”

I was born in a state other than Mississippi, can I update my birth certificate using this site?

• If you were not born in Mississippi, you cannot use our site to update your birth certificate, though you can use it to update your first and middle name. If you need assistance in updating a birth certificate in another state, you can refer to National Center for Transgender Equality’s ID Document Center here.  You can also reach out to us to be referred to an organization or resource in your birth state that can help you.

I heard that I need evidence of “irreversible changes to sex” or a “sex change surgery” to amend my gender marker. Is this true?

• There is not an explicit surgery requirement for changing your Mississippi birth certificate sex marker. This requirement is satisfied by a letter from a gender-affirming healthcare provider attesting to the changes to sex. These are given on a case-by-case basis, at the discretion of your healthcare provider. This letter is ESSENTIAL to obtaining a gender marker amendment in Mississippi.

Fee: $148*

*Contact your local Chancery Court for exact filing fee. A certified Birth Certificate costs $17 for first copy and $6 for other copies.

To Do: 

• Draft documents using our free document form generators
  • Select which form generator applies to your name or gender marker change: 
    • Identity Document Forms for Adults
      • If you are an adult (over 21) and would like to change your first and/or middle name, use this form.
      • If you are an adult (over 21) and would like to change your last name and/or any other names, use this form.
      • If you are an adult (over 21) and would like to change your gender marker on your Mississippi birth certificate use this form.
      • If you are an adult (over 21) and would like to change any part of your name AND change your gender marker on your Mississippi birth certificate, use this form.
    • Identity Document Forms for Minors

      • If you are a minor (under 21) and would like to change your first and/or middle name, use this form.

      • If you are a minor (under 21) and would like to change your last name, use this form.

• File cover sheet, petition, and birth certificate and pay fee

• Bring draft order and attend hearing at appointed time and place

• Receive court order

How to File Your Adult Name Change Case in Mississippi

If you are low-income, you will need to fill out an Affidavit for Commencement of Suit without Prepayment of Fees to proceed “in forma pauperis” which means the filing fees and court costs are waived.

How to get your name change case finalized with the Chancery Clerk’s Office in the county where you reside:

1. You must sign the drafted Petition to Change Name and (if low income) Affidavit for Commencement of Suit without Prepayment of Fees in front of a notary public. Most chancery clerk offices have a notary public.
2. Make a copy of your birth certificate and write “Exhibit A” at the bottom of it.
3. Take the completed Civil Cover Sheet, Petition, Exhibit A (copy of your birth certificate), (optional) Affidavit for Commencement of Suit without Prepayment of Fees, the filing fee, and a government-issued photo ID to the Chancery Court in the county where you reside. The amount of the filing fee will depend on the county where you are filing. Call the Chancery Clerk’s office in advance to find out the amount and accepted methods of payment.
4. Give the documents to the Chancery Clerk and ask them to file your Petition. Ask for two copies of the file-stamped Petition to Change Name so you will have a case number and verification of the date of the filing. Consider taking a photo of the case number in case you lose the paper copy.
5. Ask the Chancery Clerk how to schedule your name change hearing. You might be directed to another office to do this. You will not be able to have your hearing on a weekend, legal holiday, or when the courthouse is closed. Judges travel among courthouses in several counties, so you might have to schedule your hearing in a different county, depending on when you want to have the hearing and where the judge assigned your case will be at that time.
6. On the date of your hearing, BE ON TIME to the courthouse where the hearing is scheduled. Bring the Order to Change Name and your copy of the Petition with the Exhibits in case the judge needs to see them. When your case is called, respectfully address the judge as “Your Honor” and state that you are requesting a name change. Present the judge with your Order. If you have followed all the above instructions and the judge does not sign your Order to Change Name, ask them why your name change cannot be granted. After you leave the courtroom, you can call the ACLU of Mississippi at 601-354-3408 to explain your situation. We may be able to help you resolve the issue or problem.
7. If the judge signs your Order, go to the Chancery Clerk IN THE COUNTY WHERE YOU FILED THE PETITION (since the hearing might have been in a different county), and ask the clerk to file the Order. Ask for four certified copies of the Order. Some counties may charge a fee for this. Many agencies will require a certified copy.

Remember, until the judge signs the Order to Change Name, you will have to use your current name on legally binding documents

Fee: Free

Items Needed:

• SS-5, Application for Social Security Card (application here)
• Original Certified Court Order
• Proof of Citizenship

To Do: 

• Take the signed application and documents to any Social Security office. Find your nearest office here. 

Fee: $24-$27

Items Needed: 

• Application for MS Driver’s License or ID (application here)
• Court Order
• Certified Birth Certificate
• Social Security Card
• Two proofs of residency

To Do: 

• Submit your application and documents to the Department of Motor Vehicles. Find your nearest DMV here.

If you can't access a state ID with the gender marker that fits you, a US passport allows you to self-select male (M), female, (F), or unspecificed or another gener identity (X). Contact us to talk about how we can help you to get a passport!

Fee: Free

To Do: 

• Register to vote at the local circuit clerk’s office in your county of residence, or update your voter registration. More information and instructions here. 

Note: You can apply to register to vote or update existing voter registration on your MS Driver License Application

You may want to send out a form email alerting everyone of your name change. The general tone will certainly be different depending on who you are notifying. For example, a professional email may be sent to your colleagues, while a funny GIF can be shared on social media.

Notification Checklist:

• Employer
• Banks
• Credit Cards
• Professional Organizations
• Loans
• Investments
• Utility Companies
• Retirement Plans
• Doctors
• Insurance Companies
• Memberships
• Clubs