Trans Resource Navigator

Legal name change in New Mexico

Change detected, under review. An official source this page relies on changed recently. Part of this page may be out of date until we review it.

  • Page changed: Name change forms and guides (2026-10-12) · #271
  • Page changed: Name change (2026-10-12) · #270
  • Page changed: Name change forms and guides (2026-09-28) · #60
Change your legal name
Yes
Publication requirementA rule in some states that a name-change petition be printed in a newspaper before it is granted. Many states waive it for trans petitioners or for safety.
Not required
Court hearing
Required
Sealed recordA court file that is kept confidential and not available to the public.
Possible

New Mexico residents 14 and older can change their name by filing a petition in the district court of the county where they live. Since June 2023 there is no newspaper publication. You attend a short hearing, and the final order is then recorded with your county clerk.

Main cost
$132, can be waived
Apply
In person

Draft from official sources, September 24, 2026. Not yet checked by a person. How we verify

On this page
  1. How it works
  2. Steps
  3. Costs and fee waivers
  4. Free help
  5. Forms
  6. Requirements
  7. Minors
  8. After you finish
  9. Tips
  10. Laws and other guides
  11. Sources

How it works

New Mexico uses one simple petition for every name change; you do not need to give a reason or show any medical proof, and nothing is specific to gender identity. File in the district court of the county where you live (NMSA 40-8-1). The judge grants the change "if no sufficient cause is shown to the contrary".

In 2023, HB 31 repealed the old rule requiring you to publish a notice in a newspaper, so the main costs are the filing fee (about $132 in Bernalillo County, waivable through "free process"), certified copies, and a $25 fee to record the order with the county clerk. There are no statewide Supreme Court-approved forms; most districts, including Bernalillo County, publish their own packet.

Steps

  1. Get your district court's name change packet[3][5]

    There are no statewide approved forms. Download your district court's packet or ask the clerk or self-help desk. In Bernalillo County (Albuquerque), the Second Judicial District posts an adult packet online: petition, notice, final order, and order sealing the final order. If your court has no packet, the statewide instructions say you may use another New Mexico court's forms and change the court name.

  2. Fill out the petition[6]

    Fill in your current name, the new name, and your year of birth. Make one or two copies of each form (Bernalillo County asks for two). You do not need to explain why you want the change.

  3. File the petition and pay the fee (or ask for free process)[6][3]

    Take the originals and copies to the district court clerk in your county and pay the filing fee. Bernalillo County charges $132 (cash, card, money order, or cashier's check; no personal checks). If your income is low, ask the clerk for free process, New Mexico's name for a fee waiver.

    Cost
    $132 district court filing fee (petition for change of name)

  4. Get a hearing date and attend the hearing[6][3]

    After filing, the court (in Bernalillo County, the assigned judge's assistant) sets a hearing date. In Bernalillo County you then file the Notice of Petition with the clerk. Bring the Final Order Changing Name and the Order Sealing Final Order, with copies, to the hearing and arrive on time; missing the hearing can get the case dismissed. The judge approves or denies the change at the hearing.

  5. File the signed orders and buy certified copies[6]

    The signed orders are not effective until the clerk files them, so go straight back to the clerk's office with them. Buy several certified copies of the final order ($1.50 each in Bernalillo County, plus $0.35 per page for copies).

    Cost
    $1.50 certified copy of the order (each)

  6. Record the order with the county clerk[1][6]

    State law requires a certified copy of the order to be filed with the county clerk of the county where you live. Take one certified copy to the county clerk's office (not the court clerk). The fee in Bernalillo County is $25.

    Cost
    $25 recording the order with the county clerk

  7. Update your other documents, in this order[6][3]

    1. Social Security first (free; bring a certified copy of the order and photo ID). The name can change; the sex field currently cannot.
    2. MVD driver's license or ID (see the driver's license guide).
    3. Birth certificate: if you were born in New Mexico, send a certified copy to Vital Records with $20 (see the birth certificate guide). If you were born elsewhere, contact your birth state.
    4. Passport, bank, employer, insurance, voter registration, school records.

Costs and fee waivers

Can’t afford it? You may not have to pay.[3][4]

If your income is below a certain level, you may qualify for a waiver of the filing fee, which New Mexico courts call free process.

Ask the clerk's office at your district court for the free process application and file it with your petition. The NM Courts HelpLine (855-268-7804) can also explain it.

WhatCostNotes
District court filing fee (petition for change of name)[6][3]$132Can be waivedVaries by courtBernalillo County figure from the Second Judicial District packet (rev. June 2023). The statewide instructions say filing fees vary; confirm with your clerk.
Certified copy of the order (each)[6]$1.50Varies by courtPlus $0.35 per page for photocopies (Bernalillo County).
Recording the order with the county clerk[6]$25Varies by county

Free help

Legal clinics, organizations, and funds that help with this.

More detail

Forms4 forms

Open a form for tips on filling it out.

Forms everyone files (2)

Petition to Change Name (Adult), Second Judicial District (Bernalillo County)Required

This is Bernalillo County's version. In another county, ask your district court clerk for its packet or use this one and change the court name, as the statewide instructions allow.

How to fill it out

  • Leave the case number ("No.") blank; the clerk fills it in.
  • Item 1 and the caption: your current legal name, the name you are changing (usually the one on your birth certificate or Social Security card).
  • Item 4: "Current Name", "Proposed Name", and year of birth. Spell the proposed name exactly as you want it on every document; the order copies it.
  • There is no box for a reason, and you do not have to mention gender identity or give medical proof.
  • Sign with your current name.

Open the form[7][6]

Final Order Changing Name (Adult)Required

You fill in the top and the names; bring it and two copies to the hearing for the judge to sign.

Open the form[6]

Forms only some people need (2)

Notice of Petition to Change Name (Adult)Sometimes required: Required by the Second Judicial District packet.

Required by the Second Judicial District packet. It is filed with the court (not published in a newspaper) after the judge's office sets your hearing date.

Open the form[6]

Order Sealing Final Order to Change NameSometimes required: Part of the Bernalillo County packet.

Part of the Bernalillo County packet. Bring it to the hearing with the final order.

Open the form[8]

RequirementsWhere you live, age, criminal record, newspaper notice, hearing, background check, privacy and sealing, timeline
Where you live
You must be a New Mexico resident. File in the district court for the county where you live.[1][3][7]
Age
14 or older files for themselves. For children 13 and under, a parent or legal guardian files, and all legal parents or guardians must get notice.
Criminal record
The statute does not bar people with a criminal record, and the court forms do not ask about it. The judge can deny a petition if there is "sufficient cause" (for example, an attempt to avoid debts or a criminal case).
Newspaper publication
No.

HB 31 (2023) repealed NMSA 40-8-2, which had required publishing notice in a newspaper and filing proof of publication. Since June 16, 2023, no publication is required for anyone. (For a child whose other parent cannot be found, a court may still order service by publication on that parent.)

[1][2][4]
Court hearing
Yes.

The statewide instructions and the Bernalillo County packet both say the court schedules a hearing you must attend, and the judge decides at the hearing. NMSA 40-8-3 requires the hearing to be held in the county where you live.

[3][6]
Background check
No.

Neither the statute nor the court packets require fingerprints or a background check.

[2][6]
Privacy and sealed records
Available.

The Bernalillo County packet includes an Order Sealing Final Order to Change Name: the court seals the final order under Rule 1-079 NMRA because it contains personal identifiers, and you keep access to it. For children, if notice to a parent would endanger the child or the applicant, the statute requires the court to waive notice and seal all records of the petition.

Bring the sealing order to your hearing with the final order. In other counties, ask the clerk or self-help desk whether a sealing order is part of the packet; you can ask the judge to seal under Rule 1-079.

[8][2]
How long it takes

Usually a few weeks to a couple of months from filing to hearing, depending on the judge's calendar; then one day to file the orders and record them with the county clerk.

MinorsAges 14 to 17 can petition on their own under NMSA 40-8-1.

Ages 14 to 17 can petition on their own under NMSA 40-8-1. Ages 13 and under: a parent or legal guardian files, and all legal parents or guardians must get notice. A parent who agrees can sign a consent form; otherwise the other parent must be formally served with a summons and the petition by someone else (not you). If the other parent cannot be found, you ask the court for service by publication. If the court finds that notice would endanger the child or the applicant, it must waive notice and seal all records. Bernalillo County posts a separate under-14 packet (petition, mother's and father's consent, notice, final order, sealing order).

[2][3][5]
After you finishRecord the order with your county clerk (required by law).

Record the order with your county clerk (required by law). Then update Social Security (bring a certified copy; the name changes, the sex field currently cannot), the MVD (see the driver's license guide), and your birth certificate (New Mexico Vital Records, $20, if you were born in New Mexico). Then your passport (name changes are still processed; sex marker changes are not, as of September 2026), bank, employer, insurance, voter registration, and school records.

Tips3 tips from people who have done this
  • Buy at least three certified copies of the final order before you leave the courthouse; at $1.50 each in Bernalillo County they are cheap, and you need one for the county clerk.
  • If you were born outside New Mexico, check your birth state's rules before the hearing; some require specific wording in the order, which the judge can include.
  • The NM Courts HelpLine (855-268-7804) answers procedural questions for people without lawyers.
Laws and other guides3 laws, 2 other guides

Laws and rules

Other trusted guides

Sources

10 sources. Numbers in the text, like [1], point here.Show all
  1. HB 31 (2023), No publication required for name changesNew Mexico Legislature, Law. accessed
    “Signed by the Governor March 24, 2023; Chapter 28.”
  2. HB 31 (2023), enrolled textNew Mexico Legislature, Law. accessed
    “Section 40-8-2 NMSA 1978 (being Laws 1889, Chapter 3, Section 2, as amended) is repealed.”
  3. Name Change Instructions (March 2025)New Mexico District Courts, Court. accessed
    “Currently, there are no New Mexico Supreme Court approved forms for changing your name.”
  4. Name changeNew Mexico Courts, Self-Representation, Court. accessed
  5. Name change forms and guidesSecond Judicial District Court, Court. accessed
  6. Change of Name (Adults) packet, rev. June 2023Second Judicial District Court, Court. accessed
    “There are additional associated costs with name changes including the filing fee of $132.00. Certified copies - $1.50 each. Filing with the County Clerk - $25.00”
  7. Petition to Change Name (Adult)Second Judicial District Court, Form. accessed
  8. Order Sealing Final Order to Change NameSecond Judicial District Court, Form. accessed
    “the Final Order to Change Name ... shall be sealed pursuant to Rule 1-079 NMRA”
  9. Transgender Resource Center of New MexicoOrganization. accessed
  10. New Mexico Legal AidOrganization. accessed