Overview
This page is about name change, governed by Sections 40-8-1 through 40-8-3 NMSA 1978.
Since there are other laws governing name change, you should talk to a lawyer to ensure that this is the correct procedure for your situation.
What is a Name Change?
In general, a name change is when someone changes their legal name to a different name. Changing your name or a child’s name requires a court order.
If you want to change your name on your birth certificate, check with the Department of Vital Records in the state where you were born to learn that state’s requirements. At your name change hearing, the judge needs to know the requirements for the state where you were born, so the court’s order will include those requirements.
Who Can File for a Name Change?
First, the person or child must be a resident of New Mexico.
If you are 14 years old or older, you can file for a name change on your own.
If a child is 13 years old or younger, the child’s parent or legal guardian must file for a name change.
14 Years or Older: Name Change Checklist
This checklist will help you take the proper steps to begin the name change process.
Step 1: Completing and Filing the Petition and Notice of Petition. Complete and file the following forms:
- Petition for Name Change – This is the form that starts the court process.
- Notice of Petition for Name Change – This is the form that is used to schedule your hearing.
- Order Changing Name – This is the form the judge uses to change your name. You are required to fill it out for the judge.
- Complete the Petition for Name Change and Notice of Petition for Name Change forms and make two (2) copies of each. The clerk can make copies for a charge of $.35 per page, cash, debit/credit card, cashier’s check, or money order only. No checks accepted.
- Prepare the caption on the Petition for Name Change. The caption is in the upper third of the page. The caption will be the same for all the documents you prepare.
- Leave blank the line that has “No.” The court clerk will assign you a file number and stamp the number on the first set of papers. You will write this number on the other captions.
- In the second space on the caption that states “In the Matter of the Petition of ________ for Change of Name,” write the name(s) that you want to change. In this space, write the name you seek to change. This name is generally the name on your birth certificate or your Social Security card. If you have any questions about the names, you should seek the advice of an attorney.
- In Paragraph 1 of the Petition, write the name that you want to change, just as you wrote it above.
- In Paragraph 4 of the Petition, “Current Name” refers to the name that you want to change, and “Proposed Name” refers to the new legal name that you would like to have. The Current Name and Proposed Name will be mentioned several times in these documents and should always match the listing on the Petition.
- Complete the Notice of Petition for Name Change. The judge’s name goes in the space following: “This Petition will be heard before the Honorable ________.” If you have this form ready when you file the Petition, the clerk may use a stamp to put the judge’s name on this blank.
- Leave the date and time fields blank for the hearing. The judge’s assistant will fill in these blanks and schedule the hearing.
- File the Petition in the clerk’s office. Submit the filing fee of $132.00 by cash, credit/debit card, money order, or cashier’s check, payable to the clerk of the District Court. A judge is randomly assigned to your case.
- Hours are subject to change. Call your county courthouse to confirm hours
Step 2: Scheduling the Hearing.
- Once a judge is assigned to your case, take your forms to that judge’s office, and the assistant will schedule a date and time for your hearing.
- After a hearing date has been scheduled, you must return to the clerk’s office to file the Notice of Petition to Change Name.
- This Notice must be filed with the court. The clerk will file the original and return the endorsed copies to you.
Step 3: Preparing the Final Order, Order to Seal, and the Hearing.
- Complete the Final Order Changing Name and the Order Sealing Final Order to Change Name, and make two copies of each.
- Bring these forms to your scheduled hearing. Be on time for the scheduled hearing. Check in with the judge’s assistant as soon as you arrive. Failure to attend the hearing may result in your case being dismissed by the judge.
Step 4: Filing Your Name Change Order
- If the judge signs the Final Order Changing Name and the Order Sealing Final Order to Change Name, you must return to the clerk’s office to have both orders filed.
- The orders are not effective until filed by the clerk. Do not take the original orders out of the courthouse.
13 Years or Younger: Name Change Checklist
This checklist will help you take the proper steps to begin the name change process.
Step 1: Completing and Filing the Petition and Notice of Petition. Complete and file the following forms:
- Petition for Name Change – This is the form that starts the court process.
- Notice of Petition for Name Change – This is the form that is used to schedule your hearing.
- Order Changing Name – This is the form the judge uses to change your name. You are required to fill it out for the judge.
- Complete the Petition for Name Change and Notice of Petition for Name Change forms and make two (2) copies of each. The clerk can make copies for a charge of $.35 per page, cash, debit/credit card, cashier’s check, or money order only. No checks accepted.
- Prepare the caption on the Petition to Change Name. The caption is in the upper third of the page. The caption will be the same for all the documents you prepare.
- Leave blank the line that has “No.” The court clerk will assign you a file number and stamp the number on the first set of papers. You will write this number on the other captions.
- In the second space on the caption that states “In the Matter of the Petition of ________ for Change of Name of ________” write your name in the first space and the name(s) of the child that you want to change in the second space. In this space for the child’s name, you should write the child’s name that you are seeking to change. This is generally the name on the birth certificate or Social Security card. If you have questions about the name of the child, you should seek the advice of an attorney.
- In Paragraph 1 of the Petition, write your name and the name of the child that you want to change just as you wrote it above.
- In Paragraph 4 of the Petition, “Current Name” refers to the name that you want to change, and “Proposed Name” refers to the new legal name that you would like the child to have. The current name and proposed name will be mentioned several times in these documents and should always match the names listed on the Petition.
- Complete the Notice of Petition for Name Change. The judge’s name goes in the space following “This Petition will be heard before the Honorable _____.” If you have this form ready when you file the Petition, the clerk may use a stamp to put the judge’s name on this blank.
- Leave the date and time fields blank for the hearing. The judge’s assistant will fill in these blanks and schedule the hearing.
- File the Petition in the clerk’s office. Submit the filing fee of $132.00 by cash, credit/debit card, money order, or cashier’s check, payable to the clerk of the District Court. A judge is randomly assigned to your case.
- Hours are subject to change. Call your county courthouse to confirm hours.
Step 2: Scheduling the Hearing.
- Once a judge is assigned to your case, take your forms to that judge’s office, and the assistant will schedule a date and time for your hearing.
- After a hearing date has been scheduled, you must return to the clerk’s office to file the Notice of Petition to Change Name.
- This Notice must be filed with the court. The clerk will file the original and return the endorsed copies to you.
Step 3: Serve the Other Parent.
- If the other parent has not signed the Petition and has not completed the Consent to Change Name, you must arrange for the Summons and a copy of the Petition to Change Name to be served upon the other parent.
- If you and the other parent agree, they can sign the Consent to Change Name at any time before the hearing.
- The Center for Self-Help and Dispute Resolution can provide you with Service documents and information.
Step 4: Preparing the Final Order, Order to Seal, and the Hearing.
- Complete the Final Order Changing Name and the Order Sealing Final Order to Change Name, and make two (2) copies of each.
- Bring these forms to your scheduled hearing, along with the other parent’s completed Consent to Change Name. Be on time for the scheduled hearing. Check in with the judge’s assistant as soon as you arrive. Failure to attend the hearing may result in your case being dismissed by the judge.
Step 5: Filing Your Name Change Order
- If the judge signs the Final Order Changing Name and the Order Sealing Final Order to Change Name, you must return to the clerk’s office to have both orders filed.
- The orders are not effective until filed by the clerk. Do not take the original orders out of the courthouse.
Frequently Asked Questions (FAQ)
If you are changing both your name and gender marker on your driver’s license, it is most efficient to change them at the same time at the DMV. However, you are not required to change both at the same time.
Bring the following to the DMV:
- Your current driver’s license or ID card;
- If your driver’s license or ID card does not list your current address, bring proof of address, such as a lease;
- A certified copy of your Order for Change of Name from the court; and
- Either your newly issued Social Security Card reflecting your new name or an SSA printout reflecting your name change.
The DMV will change your name and mail your ID to the address on file. The fee is $18 for a four-year license or $34 for an eight-year license. Those over 75 years old are not charged to renew their license. The fee for surrendering an out-of-state license includes an additional one-time fee to pay for a DWI records check.
In order to change your gender on your NM driver’s license or to request a new driver’s license requesting a change of designation from that shown on your current identification documents, you must complete and submit a Gender Designation Change Request Form to the DMV Service Center. The form can be found here: Gender Designation Change Form
You cannot change the gender marker on your passport at this time. You can, however, change your name:
When you already have a valid Passport, you may submit a Passport Renewal Application to change your legal name on the passport by mail. You will need to complete and submit:
- A Passport Renewal Application (Form DS-82)
- Your most recent Passport (book or card)
- A recent color photograph, 2×2 inches in size
- Order for Name Change (certified true copy)
How do I change my name and gender on a Birth Certificate?
Some states will allow you to change the name on the birth certificate upon presentation of a court order recognizing the name change. Some states will issue new birth certificates, while others will issue amended birth certificates that reflect both the old and new names.
If you have obtained a court order recognizing your change of name, you may present this to the New Mexico Department of Vital Records and request a new birth certificate. To apply for an amended birth certificate, you must submit:
- A birth certificate request form; and
- A certified copy of the court-ordered name change.
Most, but not all, states will allow you to change the gender marker on your birth certificate upon presentation of a court order recognizing the gender change. Some states will issue new birth certificates, while others will issue amended birth certificates that reflect both the previous and updated gender markers.
The New Mexico Department of Vital Records will issue an amended birth certificate upon receipt of “a statement signed under penalty of perjury by the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person.” To apply for an amended birth certificate, you must submit:
- A birth certificate request form; and
- A certified copy of the court-ordered name change.
For more information, please visit:NM Health name and gender change
To update your legal name in your Social Security Records (Including on your Social Security Card), you will need to complete and submit the following documents:
- Application for Social Security Card (available at the SSA office, and at: Application for Social Security Card that includes your changed name;
- A certified copy of the court Order for Change of Name;
- An unexpired identification document, such as a driver’s license;
- Proof of U.S. citizenship or lawful immigration status, such as a passport, birth certificate, or immigration documentation.
Although no gender marker is listed on your Social Security card, other government agencies look to your Social Security records to verify your gender. Changing your gender marker with the SSA will help you avoid this situation. You may update your gender marker in your Social Security Records at the same time or separately from when you update your legal name with the Social Security Administration.
You cannot update your gender marker with the SSA office at this time.
The child must reside in New Mexico. If both parents agree that the child’s name should be changed, both may petition the court. It is also possible for one parent to be the Petitioner and the other parent to sign a consent form. This form is included in the resources below. The fact that the father’s name is not shown on the child’s birth certificate does not change the requirement that the father must be notified. A notice to the child’s father is still required even if the father’s name is not shown on the child’s original birth certificate.
The child must reside in New Mexico, and the petition may be filed by either parent or the child’s guardian. Both parents must be notified of the Petition for Change of Name. It may be possible for a single parent petitioning to change a child’s name to establish, to the satisfaction of the judge assigned to the case, that the other parent’s address is unknown and cannot be located, that notice is therefore impossible, and the judge can determine that the change of name order should be signed. Whether this can be done in any individual case depends on the proof of attempts to locate the missing parent presented at the time of the hearing and whether the judge determines that it is sufficient under the law. If only one parent is petitioning to change the child’s name, you must serve the other parent(s) with the Notice of Name Change and file the completed Return of Service with the court clerk before the hearing date. The Self-Help Center has information about serving the other party. If the parent(s) cannot be located for service, then you must motion the court for Service by Publication and publish notice in the city of the other party’s last known address. You must prove to the court that you have attempted to locate the other parent(s). The judge will have to determine whether you have proved that you complied with all the requirements of the statute, including the one that says: “the required notice shall include notice to both legal parents.”
There are additional costs associated with name changes, including a $132.00 filing fee.
Certified copies: $1.50 each
Filing with the County Clerk: $25.00
Birth Certificate: $20.00
If you want other documents, such as your driver’s license, Social Security card, records, credit cards, school records, etc., changed to reflect your new name, you should contact the agency or organization to find out the requirements for updating their records. Some agencies may require a certified copy of the Final Order; others may accept a photocopy.
Resources
New Mexico Courts HelpLine (855) 268-7804
The HelpLine is available to assist you. Hours of operation: Monday – Friday 7:00 a.m. to 7:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m.
To reach or visit the closest self-help center to you, please view Self-Representation by Court District.
Last updated: 7/20/2026
