The filing fees for a name correction are solely the Petitioner’s responsibility.1  In many jurisdictions, the Clerk of Court will not allow Petitions to be filed in forma pauperis because costs will ultimately be cast on the Petitioner regardless of outcome. The cost of filing varies and is set by the local Clerk of Court; the average cost of filing is $250.00, not including the cost of multiple certified copies of a final judgment. It is advisable that your client get at least four certified copies of their final judgment. 

Because pauper status may not be allowed when seeking a name correction, it is important to speak very candidly and specifically with your client about all of the related costs before beginning the process. Contact the Clerk of Court for the district in which you will be filing and inquire about the filing fees in advance. Likewise, contact the local District Attorney’s Office and inquire about the steps that office require as some offices require Petitioners pay for third-party background checks or require that the matter be set for a hearing date though this is not mandated by statute. These additional steps will carry additional costs that you should advise your client about.

• 1La. R.S. 13:4755.

Unlike the statutory prohibition on shifting costs in name correction proceedings, the filing fees associated with filing for a gender marker correction are subject to the same waiver and release permitted for any other ordinary civil proceeding.1  Be sure to discuss with your client their possible eligibility to proceed in forma pauperis and submit the requisite affidavits in support of their request to proceed without the burden of costs. Because seeking a gender marker correction is an ordinary and not summary proceeding, the costs can be significantly higher than those associated with a name correction. The cost of filing an initial Petition, motion to set for trial, and requisite exhibits to gain judgment can be upwards of $1,000.00 in some jurisdictions. Being able to proceed without the burden of costs up front (and, theoretically, with the possibility of costs being cast on the adverse party when judgment is gained in favor of your client) can make the process significantly more accessible for your client and should always be explored as a possibility. As with name corrections, it is advisable that your client obtain multiple certified copies of the final judgment.

• 1La. C.C.P. art. 5181, et seq. For further discussion, see this manual's chapter on proceeding in forma pauperis.