What's in a Name?: For Many Pennsylvanians a New Life and a New Beginning

Natalie Hrubos, Esq. on 10/08/2009

Being asked to show ID can be an uncomfortable and even frightening experience for many transgender people whose legal names do not match their everyday gender presentation. The perceived mismatch can trigger bias or suspicion on the part of the identity enforcer and result in harassment, discrimination, and even violence based on gender identity or expression.

Generally, to officially correct legal identity documents, including one’s driver’s license and passport, a person must obtain a court-ordered name change. Though it is lawful to informally use a preferred name without pursuing a court order, a legal change of name can provide emotional and physical security for a transgender person. This is especially true in our post-9/11 world, where being able to show official documentation that reflects your identity and day-to-day presentation is vital.

Under Pennsylvania’s name change statute, people seeking legal name changes for reasons other than marriage, divorce, or adoption must file a petition with the Court of Common Pleas for the county in which they reside. They must also submit to a criminal background check and provide proof that they are free from civil judgments. Additionally, they must publish notice of the petition in two local newspapers of general circulation. These requirements create significant barriers for transgender people seeking legal name changes.

Many transgender individuals struggle to clear even the first hurdle—that of cost. To complete the name change process in Philadelphia County, a pro se petitioner must spend about $725 in filing fees, judgment searches, and publication costs. For each additional county in which the petitioner has lived over the past five years, judgment searches add about $75.

Stigma and discrimination in the workplace causes transgender individuals to experience higher rates of unemployment and underemployment than the general population, which makes covering these costs nearly impossible for many. Although some fees can be waived upon a showing that the petitioner is indigent, this fact is not advertised, and it requires a pro se petitioner to fill out and file a lengthy and onerous in forma pauperis (IFP) petition.

Additionally, once the court grants the name change, the petitioner must purchase certified copies of the decree at more than $40 each. As most government agencies and financial institutions require certified copies, petitioners must spend several hundred dollars simply to prove that their names have been legally changed.

The criminal background check conducted by the state police further prevents many transgender people from initiating the legal name change process. Under the statute, certain felony convictions make one ineligible for a name change for life, while all others make one ineligible for the two years following the completion of one’s sentence.

Felony offenses include many crimes related to drugs and other offenses that reflect poverty. Because transgender communities disproportionately experience poverty and are sometimes targeted by law enforcement officials, these limitations can become particularly burdensome for many trans people.

Often the state police also reports to the court any pending and minor criminal charges, even though the name change statute in no way suggests that these matters should affect a person’s ability to change his or her name.

The adverse effect of a criminal history is especially troubling because a legal name change can greatly increase a trans person’s access to housing, public benefits, and employment opportunities, which can then prevent further entanglement with the criminal punishment system.

Even if a petitioner successfully navigates these obstacles, he or she must then publish notice of the name change hearing in two general circulation newspapers. This requirement serves as yet another barrier for transgender petitioners.

Publishing notice not only creates and preserves an accessible record of the legal name change but also effectively serves, for many people, as notice of a change in expressed gender. Many, if not most, trans people have experienced harassment and violence in their lives and are therefore understandably reluctant to “out” themselves to their communities for fear that public disclosure may lead to further harassment or violence. The publication requirement becomes particularly problematic for trans people who live in small, rural communities across the state.

Fortunately, the name change statute permits the presiding judge to waive the publication requirement upon a showing that publication would jeopardize the petitioner’s safety. As many trans individuals have personally experienced violence directed at them because of their gender identity, most can clear this hurdle, and in Philadelphia, the court routinely grants these waiver requests.

Unfortunately, few pro se petitioners realize that the publication requirement can be waived, and the name change forms provided by the court, even in Philadelphia, do not include any information about the possibility of waiver.

Moreover, trans people who have filed pro se petitions outside of Philadelphia County have reported that their requests to waive publication were denied even when they presented proof of previous threats and violence based on their gender identity.

The barriers erected by the name change statute are designed to prevent a person from changing his or her name for fraudulent purposes. However, the statute also makes it unnecessarily difficult for transgender people to take the simple action of becoming recognized officially as the people they are to their friends, neighbors, and community.

Equality Advocates Pennsylvania has successfully helped dozens of trans individuals obtain legal name changes and update their identity documents. The practice is rewarding because of the importance that a legal name change can have in a client’s life. It is frustrating though because of the unnecessary obstacles that clients face throughout the process.

Courts can and should better assist pro se petitioners seeking legal name changes. Simply explaining to petitioners how they can request both fee and publication waivers would greatly improve people’s ability to initiate and navigate the process without representation.

Firms in the area can also help by volunteering to take on name change cases for low-income trans folks. It’s simple, yet meaningful work, and lately, associates seem to have some extra time on their hands.

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