How to: Change Your Name and Gender Marker in Maine

How to: Change Your Name and Gender Marker in Maine admin Thu, 05/21/2020 - 10:11

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This is a guide for adults in the state of Maine who want to change their legal name and/or gender marker. Your gender marker is the "M", "F", or "X" on many government issued IDs that often reflects a person's sex assigned at birth. This guide is especially written for trans or gender non-conforming people - but can be used by any adult who needs a name change!

It includes step-by-step information about how to navigate these processes in Maine, and links to other helpful resources for navigating these changes in federal systems if you want to update your social security card or passport.

If you are under the age of 18, this guide is not for you! The process for changing your name or gender marker is different if you are a minor. Read our article 'Minor Name Changes in Maine' to learn more about this process.

If you live in New England, you may be able to get free legal representation through the GLAD Pop-Up ID Project. From GLAD: "Transgender people living in New England (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont) seeking to update their legal name and gender on federal and state documents can receive free legal representation through this rapid-response program."

Is this guide for you?

You may use this guide if:

You live in Maine (or, in the case of a birth certificate change, were born in Maine)
You are over the age of 18
You want to change your name, gender marker, or update your ID documents

Special thanks to attorney Zack Paakkonen for consulting with us on the initial creation of this guide in 2016

November, 2022

Main Legal Topic

Divorce, Custody, & Family

Name & Gender Marker Change

Changing your name

Changing your name admin Thu, 05/21/2020 - 10:18

To change your name in Maine, you will have to file a "Change of Name" petition with the Probate Court in the county where you live.

Each county in Maine has its own Probate Court, which is run by the county. Since these courts are run by the counties, and not by the state, the process for changing your name will be a little different in each county.

This guide will explain the general process and try to answer some of the most common questions about this issue. We have done our best to break down some of the most important details for each county, and you can learn more about the process in the county you live in by clicking on the name of that county below.

The Basics

Which Probate Court do I go to if I want to change my name?

You will need to "file" – give to the Court – a "Change of Name" petition with your local Probate Court. This will be the court in the county where you live now. Look up your local Probate Court here.

Do I have to be on hormones or have had surgery to get my name changed?

No. To change your name in Maine you don't need to be on hormones, have had any kind of surgery, or even have a letter from a doctor. People change their names for a lot of different reasons, there aren't any extra requirements if you're trans or gender non-conforming.

What forms do I need, and where can I get them?

For a name change in Maine, the basic form you will need is CN-1 Petition for Change of Name (Adult).

Most Probate Courts also have another form, called an "affidavit" that you will need to fill out. This affidavit is called AF-103 - Affidavit by Adult Seeking to have Name Changed. You will need to have the affidavit "notarized" – this means a notary public will have to watch you sign the affidavit, see some proof of your identity (like a driver's license or other government issued photo ID), and also sign the affidavit. Notaries are often available at town offices, banks, and the courts. They usually only charge a small fee, or no fee at all.

You can get all of these forms at your county Probate Court for a small fee ($1- $5). You may also print them from the website – but be aware that forms sometimes change, and the Court may ask you to use a form you get from them.

What else should I bring?

You should bring:

a current, government-issued photo ID, like a driver’s license or passport
a certified copy of your birth certificate

Some courts will ask for proof that you live in the county where the Probate Court is located - your photo ID would work for this. If you don't have an ID, another kind of document, like a utility bill in your name, a voter registration card, or a bank statement may be accepted to prove where you live.

All courts also require you to bring a certified copy of your birth certificate. This should be a recent copy, one that you got within the last 6 months.

How do I get a certified copy of my birth certificate?

If you were born in Maine, you can get a certified copy of your birth certificate by sending a request by mail to the office of Vital Records. By mail, the state will only take payment by check or money order.

If you need to pay using a debit or credit card, you can use this online portal, which is approved by the State of Maine. This website charges an additional fee – it will cost $27.95 instead of $15.00 for one certified copy of your birth certificate. This site recommends using more expensive mail carrier for shipping, but you can also choose free shipping via the U.S. Postal Service.

If you are going to request your birth certificate by mail, this is what you will need to send:

This form - Application for a Search and Certified Copy of a Vital Record.
A check for $15.00, payable to: "Treasurer – State of Maine." This will cover the cost of one certified copy of your birth certificate. If you need extra certified copies, they are an additional $6.00 each. If you know you are going to be changing your name or gender marker on several documents, it would be a good idea to have a few certified copies of your birth certificate. It's cheaper if you get them all in the same order.
A self-addressed, stamped envelope so they can mail your records to you.
A photocopy or printed picture of a government issued photo ID. A driver's license or passport are the most common examples. This is required because the state can only release these records to someone who is closely related to the person in the record, or has a direct and legitimate interest in the record. If you don't have a government issued photo ID, you can send in two things from this list to prove your identity:
- a utility bill
- a bank statement
- a car registration
- a copy of an income tax return
- a personal check with address
- a previously issued vital record or marriage license
- a letter from a government agency requesting a vital record (for example, the Maine Department of Health and Human Services)
- a Department of Corrections identification card
- a Social Security card
- a DD214
- a hospital birth worksheet
- a license or rental agreement
- a pay stub (W-2)
- a voter registration card
- a Social Security disability award letter
- a Medicare or Medicaid insurance card,
- a school or employee photo ID, OR
- if you don't have any of these documents, other forms of identification listing your name, date of birth, and address may also be considered.

You will need to send this information to:

Vital Records
11 State House Station
220 Capitol Street
Augusta, ME 04333-0011

What if I can't afford the $15 fee for my birth certificate?

There is not a form for requesting that this fee is waived, but in extreme circumstances, the fee can be waived (it won't have to be paid). At the moment, this can only be done if you send your request through the mail.

If you include a letter with your request, explaining your situation and why you are not able to afford the $15 fee, you might not have to pay the fee. You should be sure to mention if you are receiving any kind of public benefits (SSI, SSDI, TANF, SNAP, etc.), and if you have other expenses like child care, rent, or medical bills.

This fee waiver is not certain – it is up to the Vital Records office to decide whether or not they will process your request without the $15 fee.

What if I wasn't born in Maine?

You should check on what the process is to get a certified birth certificate in the state or country where you were born. If you were born in another state, the state where you were born may also use the same online records request company that Maine uses. You should also know that if you want to have your birth certificate changed to reflect your name and gender identity, you will need to do that in the state or country where you were born.

If you were born outside of the U.S. and aren't able to get your birth certificate (because those records weren't kept, or would be very difficult to get), you may be able to make a sworn statement, called an "Affidavit of Birth," instead. You should talk with a lawyer about this, if you are able to. You can also call the GLAD Legal Helpline.

What does the name change process look like?

It really does depend on which court you are in. Here are some of the most important things to know about this process, in general. Once you have read this, you can read about your county below to learn more about the particulars of how name changes are handled in that court.

Fees

Name changes can be expensive. All courts charge a $75 filing fee and $5 for the Certificate of Name Change. They may also charge you $5 for the forms.

The Court is not required to waive these fees if you can't afford them - but they can. The Court may also offer you a payment plan so you can pay over time.

Notice

Maine has recently changed the law about notice and publication for name changes. Publication of a name change in the local paper is no longer required or allowed in Maine.

Notice to your spouse

If you are married some courts may require your spouse to get notice. This notice may be waived by your spouse by signing the probate form N-107 (link is external). Some courts may have a specific form for your spouse to sign so the Court knows your spouse is aware of the name change. Again, check with the Probate Court in the county where you live.

Note: The interactive version of this form N-107 is posted at maineprobate.net (link is external); our "N-107" link takes you there.

What if I don't want my spouse or someone else to know I changed my name because I have safety concerns?

If you are a survivor of domestic violence or if you are trans and/or gender non-conforming, you can ask the Court to seal the record of your name change or waive the notice to your spouse.

If this is your situation, and you need the Court to seal the record, or not give notice to your spouse, you will need to prove that:

You are a survivor of domestic or gender-based violence
You reasonably fear for your safety

You may be able to do this by bringing a Protection from Abuse Order or other proof to the Court.

If you are in a relationship with domestic violence, we recommend that you contact your local domestic violence (link is external) program: 1-866-83-4HELP(44357).

For more information on protection from abuse orders visit our other resources.

If you are trans and/or gender non-conforming and you are concerned about these notice requirements and your safety, you should try to talk with a lawyer if you can afford one. If you aren't able to afford a lawyer, you should call the GLAD Legal Helpline. They may be able to direct you to other information or resources in your area.

Background Check

Maine law allows the Judge to order a background check for a person who is changing their name. This has become much more common is recent years - many courts now require a background check for a name change.

Typically, a background check would consist of running your legal name through an online database to check for any past criminal convictions.

Amending your birth certificate

When you change your name, you have the option of amending your birth certificate at the same time. Many courts are used to doing these things all at the same time, and the process is more streamlined than if you decide later that you want to amend your birth certificate.

Note: It isn't required that you change the name on your birth certificate when you legally change your name – there is an extra fee to do this, and you don't have to do it if you don't want to, or can't afford it. Changing your name on your birth certificate will not automatically change the gender marker on your birth certificate. Visit "Amending your birth certificate" for more information on this process, and what to expect from your amended birth certificate.

If you do want to amend your birth certificate when you change your name, let the clerk know you would like to amend your birth certificate when you get your name change forms. You will need to pay an extra fee of $60. You can only pay this fee by check, payable to "Treasurer, State of Maine." You will give your birth certificate and the check to the Probate Court, and when your name is changed, they will automatically send your check as a form documenting you legal name change to the Vital Records Office.

After this, the Office of Vital Records will send you an amended birth certificate, along with the original form (called a VS-14) from the Probate Court noting your legal name change.

What to expect in each county

Disclaimer: Information about fees and court processes could change. These courts are run on a county level, and we may not get notice of any changes. This listing was last updated in October, 2021. The filing fee for a name change is now $75 in each court - but there may be additional fees or required court forms.