I was recently honored to be able to help a Mississippi minor successfully change his name in Mississippi. John* wanted his school, peers, and those who came into contact with him to use his appropriate name and pronouns. While you may think it's as simple as asking the school or other people to abide by his wishes, that's not the case.
Without an official name change Order by the state, this can be difficult to achieve even in the most progressive schools.
When I was researching to gather the appropriate documents and appropriate steps for John and his family, I ran into quite a few roadblocks. I emailed no less than 8 attorneys in Mississippi, three law professors, and multiple LGBT organizations to ensure I was on the right track. I either received no response or information that pertained to an ADULT only.
It should not be that difficult to find information for a Mississippi Transgender Name Change For A Minor. If it was difficult for someone with a law license, then I can only imagine it's difficult for families. One huge resource was the joint Initiative of HRC-MS and Ole Miss Law/Pro Bono Initiative (link to their webinar is in Resources below).
In Mississippi, anyone with good cause can petition the Court to change their name under Mississippi Code Annotated Section 93-17-1. This is where you "ask" you the Court to change your name with an official filing known as a "pleading".
If you are a minor (under 18 years old), then the parents, or legal guardians, must consent to the name change. The parents, or guardians, are the ones who Petition the court on their minor child's behalf. So pleadings will read IN THE MATTER OF THE PETITION OF (INITIALS OF CHILD'S NAME) BY AND THROUGH (PRONOUN) (PARENTS OR GUARDIANS) (PARENT OR GUARDIAN NAME 1) AND (PARENT OR GUARDIAN NAME 2) FOR NAME CHANGE.
You will file in the Chancery Court where the minor child or parents/guardians reside in Mississippi. You can do this even if the minor child was born outside the state but has lived in Mississippi for at least six (6) months prior to filing the Petition for Name Change. You will file with the Clerk of Court along with Filing Fees that vary from Chancery Court to Chancery Court; a list can be found here.
Yes, if you have good cause under Mississippi Code Annotated Section 93-17-25 you can request in your Petition that the case record and proceedings be sealed. This means that anyone except the Petitioners (parents/guardians and the child) cannot have access to the record unless they Petition the Court for it. You can produce the court Order only to anyone who needs the record and to verify the name change down the road. They do not need access to your Petition or Exhibits. It will be up to the Court to determine whether or not they will seal the record.
In theory the only things you need to attach are:
Civil Case Filing Form. It acts as the "cover page" for the Court. You will mark NAME CHANGE under Probate. Form can be found here.
Minor's certified birth certificate. You can get that from the Department of Health or Vital Records in the state the child was born. Yes, you need it even if you are not requesting to change your child's birth certificate at this time. This is to prove the child is really the child requesting the change. If the child was born in Mississippi then you can request one here.
Verification of the Petitioners. This includes the minor child and the parents/guardians. It has to be notarized.
Consent of the Parents/Guardians. The parents/guardian need to consent to the name change of the minor. You can incorporate this into their Verification. There is no form for this but it states the name of the parent/guardian, that they consent to the name change of the minor from X to Y, and that the change is in the minor's best interest. It must also be signed and notarized by a Notary. The Clerk of Court can notarize the document, just call ahead of time.
Proposed Order. This is the proposed Order that the judge will sign granting the name change.
You are not required to attach anything else to the Petition for Name Change. The Court, in theory, doesn't need to know the story of why the child requests their name changed. However in practice I have found that where the parents/guardians consent and you provide reasons why, the Court is more apt to waive the hearing for just a name change (not a name change for a birth certificate or gender marker change; that requires service on Defendants and is a little different). Some examples of things you can also include are:
Relay how long the child has been using the name and why it would be detrimental for the court to disallow the name change.
Again, you do not have to include this, but for my clients, they wish to avoid a hearing if possible and this is one way to try to do that.
If you are on limited income and meet guidelines, then you can fill out what is called an In Forma Pauperis Affidavit. This will delay the filing fees, but you will still owe them at a later date.
Once you have the Order signed by the Judge, make sure you a few extra certified copies from the Clerk. You can provide this to the child's school, DMV, bank accounts, sports organizations, and anywhere else you may need to provide it to ensure your child is addressed by their new name and pronouns.
One of the biggest things the Name Change Order does is provides you and your child protections under Title IX. Title IX is part of the Federal Education Amendments that went into affect in 1972. It prohibits discrimination on the "basis of sex in any education program or activity offered by a recipient of federal financial assistance." This applies to schools or sports programs that receive federal money. This means the school, who has a copy of the Name Change Order, must call your child by that name, direct staff to use the name, and actively stop harassment, bullying, or incorrect name/gender usage when alerted to it.
There are different requirements and processes required if you wish to change the name on the birth certificate and change the gender marker. We will discuss this in a separate blog but for now, if your child is a minor and you wish to protect them in school or other places that receive federal funding, a name change may be in your best interest. Talk to a licensed attorney in your state about your case; this blog is meant to be informational and not dispositive of your situation.
If you or a loved one needs help navigating a name change for a transgender minor child in Mississippi, please let us know. If there are no conflicts we can help guide you through the process, do the Petition and filing for you, or review what you have. If we have to travel to Court then there are additional fees.
These Petitions hold a special place in our heart-- no one should live their life under scrutiny, filled with shame, or having to be harassed. Tubbs and I are staunch allies for LGBTQIA+ folx and that will not change.
If we can't help you or you prefer someone closer to you in Mississippi, then let us know. We have a network of folks we can point you to.
Want to get started with a paid business consultation with Amber & Tubbs? You can shoot us an email to start a conversation or reach out to our Assistant Brielle via phone or text at 985-265-7069 to schedule or get pricing information.
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* Any identifying information, including name and Court, has been changed.
