New Mexico Name Change Laws
To obtain a legal name change in New Mexico, an applicant must submit a petition to the court. Before filing the petition, the applicant must publish notice of the petition at least once a week for two weeks; the publication requirement can be waived for the applicant’s safety. (N.M. Stat. Ann. §§ 40-8-1 to 40-8-3).
To help guide applicants through the process a New Mexico Name & Gender Change Guide is available in English and Spanish, brought to you by the Transgender Resource Center of New Mexico, the National Center for Transgender Equality, and Cooley LLP.
- Name & Gender Change Guide for Residents of New Mexico
- Guía de Cambio de Nombre y Género para Residentes de Nuevo México
New Mexico Drivers License Policy & Procedures
In order to update name and/or gender on a New Mexico ID, the applicant must submit (1) a court order certifying the name change and/or (2) a form signed by a licensed provider certifying the applicant's gender identity.
New Mexico Birth Certificate Laws*
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." NM Stat. §§ 24-14-25.
To apply for an amended birth certificate the applicant should submit a birth certificate request form, a certified copy of the court ordered name change, a signed statement from the physician or facility stating the individual has completed surgical procedures for sex reassignment, and any applicable fees.
*In January 2017, TGRCNM and Equality New Mexico together with Sen. Jacob Candelaria introduced SB 120 to the New Mexico State Legislature, which would remove the requirement of surgery to amend one's birth certificate. The bill passed both the House of Representatives and the Senate, but was pocket vetoed by Governor Martinez (she took no action on the bill within the required timeframe). The bill will be reintroduced in 2019 legislative session.