How to change your name and gender marker in Maine

Posted February 3, 2025

A note about gender markers and the federal government

We know many people are confused, scared, and have questions about what is happening with gender markers on federal ID documents like passports or in federal systems like Social Security. We do not have answers at this time. We will update this article as we get new information.

This article is about Maine law. Maine laws allowing people to update the gender marker on their driver's license or state ID and to amend their birth certificate have not changed.

Introduction

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. This guide is especially written for trans or gender non-conforming people - but can be used by any adult who needs a name change!

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

How do I change my name in Maine?

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.

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.

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 does the name change process look like in Maine?

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 fees and you can expect it to cost at least $100 to change your name in Maine.

The Court may waive these fees if you can't afford them - but you will need to ask for a fee waiver and will need to fill out forms with your financial information. The Court may also offer you a payment plan so you can pay over time.

Notice

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

As part of your name change, the Probate Court will run a criminal history record check, a motor vehicle record check, or a credit check. This information is confidential and will be destroyed after your case is over. If you want a copy of your background check, you can contact the Maine State Bureau of Investigation at (207) 624-7240.

Amending your birth certificate at the time of a name change

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.

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 your 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.

Filling out the name change forms

Once you have the forms, you will need to fill them out. There are two basic forms.

Petition for Change of Name

This is the form you use to ask the Court to change your legal name. You can find the Petition for Change of Name (Adult) (CN-1) here. Here are some important things to know:

You are the “petitioner,” because you are asking (petitioning) the Court to change your name.
You don’t have to fill in the attorney information if you are doing this on your own. But you will need to have this form notarized - which means signing it in front of a notary public.
You don’t need to worry about filling out the “docket number” - the Court will take care of that.
Where the form asks the reason you want to change your name, there isn’t a wrong answer. The Court doesn’t have an approved set of reasons for a person to change their name. People change their names for many reasons, sometimes just because they don’t like their name, or would a different name better. Remember, there are no wrong answers to this question. Just explain (it doesn’t have to be a long explanation, or in “legal” language) why you want to change your name.

Affidavit

The affidavit is another form you will need to fill out. You can find the Affidavit by Adult Seeking to have Name Changed (AF-103) here. Basically, the affidavit is a way for the Court to make sure that you aren’t changing your name for an illegal reason, like trying to avoid someone you owe money to, or to get away from criminal charges. By filling out the affidavit, you are swearing that this is not why you are changing your name.

To complete the affidavit, you will have to have it “notarized.” This means that you will need to sign the form in front of a notary public. They will check your ID, witness you signing the affidavit, and then sign it themselves. Sometimes notaries are available at town offices, banks, or at the courthouse. Most notaries charge a small fee, or no fee at all.

If you get stuck filling out these forms, it’s ok to ask for help! The staff at the Probate Court are there to help people. If you feel comfortable talking with them, they can help you figure out how to fill out the forms and file them with the Court.

Filing the name change forms with the court

Once you fill out the forms, you can give them to the clerk at the Probate Court. If you aren't sure who to give the forms to, you can ask one of the staff at the courthouse.

You will need to pay the fees when you file the forms with the Court. Make sure you file with the Probate Court in the county where you live!

What happens once the fees are paid and papers are filed?

The Petition and supporting documents are recorded by the Court on the "docket." Docket is just a term for the way the courts keep track of their schedule of cases. The Court will schedule a hearing and notify you of the date. If someone comes to court on that date to object to the name change the Judge may hear it on that date.

Do I need to come to the hearing?

Some courts require you to come to the hearing. Others don't. In the last couple years, the hearings have been held on Zoom. You will need to ask the Probate Office in the county where you live whether or not you need to go to the hearing.

What happens when my name change is approved?

If your name change is approved by the Judge, the probate court will mail you a Certificate of Name Change (this is important, it's official proof of your name change!). You can start using your new legal name on official documents, and you can start the process of having your legal name reflected on your ID documents. You can read more about these processes in the next steps of this guide.

The processes for changing your name or your gender marker on your birth certificate are different, and they have different requirements. You can learn more about both processes below.

How do I change or amend my Maine birth certificate?

If you were born in the State of Maine you can change or amend the information on your birth certificate, including your name and gender marker. If you were born outside of Maine, you will need to follow the process for the state where you were born to update your birth certificate.

Changing your name on a birth certificate

Changing your name on your birth certificate often goes hand-in-hand with legally changing your name. Many Probate Courts are used to processing these changes together, and will have the forms for this process ready to go with the forms for your legal name change. If you are doing this at the same time, just let them know that you would like to amend your birth certificate when you change your name. 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 court noting your legal name change.

Note: It isn't required that you change the name on your birth certificate when you legally change your name – there is an extra $60 fee to do this, and you don't have to do it if you don't want to, or can't afford it.

Amending your birth certificate some time after you have legally changed your name

You can still amend your birth certificate after you have changed your legal name. You don’t have to do these processes at the same time.

If you changed your name in Maine and have the original VS-14 form from the court - which they may give to you when you change your name, you can send this form to the Office of Vital Records, along with a $60 check, payable to “Treasurer, State of Maine.” You need to send the original of this form – they won’t accept a copy. They will send you back the original, along with an amended birth certificate. Send your form and check to:

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

If you changed your name in Maine but don’t have your original VS-14 form, you can return to the Probate Court where you changed your name, and ask them about amending your birth certificate. The court will be able to get a VS-14 form for you (there may be a small fee), accept your $60 check, payable to “Treasurer, State of Maine,” and may also send the form to the Office of Vital Records. This process may vary from court to court, don’t be afraid to ask!

Changing your gender marker

The requirements for changing your gender marker on your Maine birth certificate have changed in recent years. It is an easier process now! You may also be able to use this process to update your name if you have had your name changed.

You will need to:

Fill out this form and have it notarized.
Pay $15 for a copy of your (new) birth certificate - plus $6 for each additional copy you may need.

You can mail these things to:

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

Do I have to amend my birth certificate to do things like change my name or gender marker on my ID?

No. You do not have to amend your birth certificate to do these things. Amending your birth certificate may be a good step to take if you feel it is important for you - but it is not required. You will still be able to change your name and/or gender marker on your Maine driver's license or ID, even if you don't ever amend your birth certificate.

What will my new birth certificate look like? Will my previous name or gender marker be there?

If you are updating the gender marker, or both the name and gender marker on your birth certificate because you are trans, you will be issued a new birth certificate by the state. It will not say "amended" or have your previous information crossed out. It will be a new birth certificate with your correct name and gender marker.

How do I update my name or gender marker on my Maine ID or driver's license?

To change your name and/or gender marker, you will need to go through your local Maine Bureau of Motor Vehicles (BMV). Find your local BMV here.

Changing your name on your Maine ID

To change your name on your Maine driver's license or ID, you will need to bring your current license or ID to your local BMW, along with proof of your name change, such as your court order, or certificate of name change. You will also need to pay a $5.00 fee for a replacement license/ID. While your request is being processed, you will be issued a temporary (paper) license or ID. You will have 30 days to do this once your name change is official!

Do I need to be on hormones, or have had surgery to change my name on my Maine ID?

No. People change their names all the time, for all kinds of reasons. There are no special requirements for changing your name on your Maine driver's license or ID just because you are trans or gender non-conforming.

Changing your gender marker on your Maine ID

To change your gender marker on your Maine driver's license or ID, you will need to bring your current license or ID to your local BMV, along with an original, completed "Gender Designation Form." You no longer need a medical provider to fill out this form - you are now able to 'self-attest' or confirm by your own statement, that you are making this change to reflect your gender identity.

When you go to the BMV, give them your "Gender Designation Form" and your current license or ID. There will be a $5.00 fee for them to issue a replacement license/ID.

At this time, they should also take a new photo for your license or ID. While your request is being processed, you will be issued a temporary (paper) license or ID.

Do I need to be on hormones, or have had surgery to change the gender marker on my Maine ID?

No. The BMV should not ask you about any of these things, they are not required. The only thing you need in terms of documentation is your "Gender Designation Form." If the BMV does ask you about any of these things, call the GLAD Legal Helpline.

Can I change my name and gender marker at the same time?

Yes! If you want to do this, and have had your name changed, you can bring all the required materials for each process to the BMV and update your name and gender marker all at the same time. If you do this, you will only need to pay the $5 new license fee once.

Can I get a Real ID with a non-binary ('X') gender marker?

February 2025 Note: It is unclear what, if any, impact recent Executive Orders may have on use of 'X' gender markers on Maine Real IDs. When we learn any information about this, we will update this article.

Yes, you can. You will still need to meet all of the requirements for a Real ID, but having a binary gender marker is not one of those requirements. Learn more about Real ID in Maine and how to get one.

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