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NameRight provides procedural guidance, not legal advice.
Verify requirements with official courts and agencies. Full legal disclaimer
Verification is in progress for this Delaware guide.
The overview below reflects general process information only. Before you file, confirm every requirement, form, and fee directly with the Court of Common Pleas or your county clerk. We are verifying this guide against official Delaware sources and will publish the verified version soon.
In Delaware, you file a name change petition with the Court of Common Pleas in the county where you live. The filing fee is $85. Newspaper publication is not required — Delaware repealed that step in 2022. Ask the court clerk about a fee waiver.
Where you file
Court of Common Pleas
Estimated court fee
$85
Typical timeline
Varies by county; confirm with the clerk
Residency rule
Must be a resident of Delaware (file in your county of residence)
Publication for general filings
Not required
Fee waiver available
Available (Affidavit in Support of Application to Proceed In Forma Pauperis)
Gender marker options
M / F / X
Adult Name Change Packet
Adult Court of Common Pleas name change packet (petition and affidavit). General Instructions: $85 filing fee, hearing date assigned after filing, no publication step. Opened via courts.delaware.gov 2026-11-10.
View form Source: Official sourceAffidavit in Support of Application to Proceed In Forma Pauperis
Fee waiver / in forma pauperis form (CCP Rule 110 / Civil Form 49). Direct URL was WAF-blocked on open 2026-11-10 (Request Rejected); id=15748 was verified as the official PDF on 2026-11-05 — see needs_human_check. URL left null rather than unverified.
MV2020 Request for Gender Change on Driver License/Identification Card
MV2020 (08/11): M/F only; medical or social service provider certifies the applicant's true gender identity; no surgery required. Opened 2026-11-10.
View form Source: Official sourceGender Designation Change Consent Form
Applicant-signed consent form for changing the designation from M/F/X to M/F/X on a driver license or ID card; no provider block on the form. Opened 2026-11-10.
View form Source: Official sourceGender Designation Changes on Driver Licenses and Identification Cards Procedure
DMV procedure: surgery is not required; MV2020 Section C must be completed by a medical or social service provider certifying the gender is male or female; in person only, no mail/online. Opened 2026-11-10.
View form Source: Official sourceGender Reassignment Authorization
Office of Vital Statistics birth certificate sex designation amendment packet (16 Admin. Code 4205, Sections 10.6-10.7; effective 03/17/2022). Opened 2026-11-10.
View form Source: Official sourceLinks open on the publisher’s site. “Official source” means a court or agency published it, and “Archived copy” means an Internet Archive snapshot of a page that has moved. A third-party resource is not a court document and listing it is not an endorsement. Confirm every form with the Delaware court before you file.
The filing fee is $85 (includes 8 certified copies of the signed order; additional copies $10 each). Confirm the current amount with the court clerk before filing.
Fee waiver available: Yes — Affidavit in Support of Application to Proceed In Forma Pauperis
Fees vary by county and change over time — confirm with the clerk before filing.
Not required. 10 Del. C. § 5903, which required the petition to be published once a week for 3 weeks before filing, was repealed by 83 Del. Laws, c. 295, § 1, effective April 28, 2022. The current Court of Common Pleas packet (Rev. 09/01/2022) contains no publication step.
Record sealing may be available after name change. Delaware repealed its newspaper publication requirement (10 Del. C. § 5903, effective April 28, 2022), so a name change petition is no longer published in a newspaper and there is no publication-based waiting period or cost. Chapter 59 has no confidentiality or sealing provision for adult petitions, so ask the Court of Common Pleas clerk whether the file can be sealed if publicity would put you at risk.
Driver license/ID: M/F via MV2020 with medical or social service provider certification (Del. Admin. Code 2217, Section 5.5); surgery is NOT required. X via a separate applicant-signed Gender Designation Change Consent Form (M/F/X to M/F/X). Birth certificate: OVS Gender Reassignment packet (16 Admin. Code 4205, Sections 10.6-10.7) requires a notarized requester affidavit AND a notarized healthcare provider affidavit; a court order is needed only if a name change accompanies the request. X availability on an amended birth certificate is not stated in the OVS packet. HB375 (2026), which would have allowed M/F/X changes without a court order or provider certification, did NOT pass — it died in House Appropriations; current rules are unchanged.
Agency by agency
Gender marker rules differ by agency — driver license / ID, birth certificate, passport (federal), and SSA (federal) can each have different options and proof rules. Confirm the options for each record you plan to update.
Self-attestation: No
Medical proof required: Yes
Confirm current procedures with each agency before filing.
After receiving your court order, update your records with key agencies. The following list is a general starting point — priorities may vary by situation.
County procedures can vary. Always confirm filing steps with your local court.
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In Delaware, you file a name change petition with the Court of Common Pleas for your county in the county where you live. Requirements can vary by county and situation, so verify current instructions with the official court source before filing.
The filing fee in Delaware is $85. Additional costs may apply (certified copies and other court costs) and fees can change. Source: DE Court of Common Pleas. Confirm the current amount with the court before filing.
No. Delaware repealed its newspaper publication requirement — 10 Del. C. § 5903, which had required publishing the petition once a week for three weeks before filing, was repealed effective April 28, 2022 (83 Del. Laws, c. 295). There is no publication cost and no publication-based waiting period. Confirm with the Court of Common Pleas clerk in your county.
Yes, a court hearing is generally required.
Available options: M, F, X. The X marker is offered on DMV documents. Rules can change, so verify with the relevant state agency before submitting documents.
Start with the official court or agency source linked on this page. NameRight provides informational guidance and preparation tools, not legal advice. Court and agency rules can change, so always verify before filing or paying fees.
Each claim on this page points back to a source. This list shows what each source supports and when it was collected; verification is still in progress, so confirm details with the source before filing.
Get a personalized filing path based on your situation.
NameRight is not a law firm and does not provide legal advice. We provide self-help information, document preparation tools, and public court process guidance based on publicly available information. Court procedures and eligibility rules can change, and your situation may require advice from a licensed attorney in your jurisdiction. Full legal disclaimer