A Petition requesting name correction is a summary proceeding that must be filed against the District Attorney for the parish of filing.1  The pleading must set forth the usual facts establishing jurisdiction and venue, as well as the “reasons for the desired change.”2  Typically, this reason need not be exhaustive or explicit in nature. As long as the Petitioner is not seeking the name correction in an attempt to evade debt or criminal charges, any rational reason to request the correction should be acceptable to the court. At this point, the use of innocuous or nearly generic language can help shield the Petitioner from undue scrutiny regarding their gender identity. 

It is also advisable to file a Request for Notice as the District Attorney may fail to serve the Answer. Because judgment may be rendered in chambers, there is no obligation to submit the Petition with an Order issuing a Rule to Show Cause. This can be helpful for clients looking to save on filing fees. However, if there are concerns about obtaining final judgment in a timely manner, it is advisable to file a Rule to ensure a date to obtain judgment.

• 1 La. R.S. 13:4752.
• 2La. R.S. 13:4751(B).

The Petition seeking name correction must be served on the District Attorney for the jurisdiction in which the Petition is filed. To save on the cost of service of process, you may want to consider hand delivering the Petition along with a waiver of service. This can also provide you an opportunity to gather contact information for the person or department that will be responsible for answering your pleading. Some District Attorneys do not prioritize answering name correction Petitions and a certain amount of follow-up may be needed to ensure the process moves forward promptly. If a Rule is not filed with the Petition, it may be necessary to file one subsequently to push the District Attorney and the case forward toward final judgment.

While not statutorily mandated, District Attorneys typically conduct background checks on the Petitioner to determine whether to object to the requested name correction. In most districts this background check is done by the DA’s office, but some ask the Petitioner to obtain and provide a federal- or state-level background check. In any case, this kind of check represents an additional cost burden to your client that should be discussed prior to filing any pleadings. It is advisable to contact the District Attorney’s office in advance to find out what, if any, additional steps your client will need to take.

Having been served with the Petition, the District Attorney is obligated to file an Answer and to appear at any hearing date that has been set in relation to the Petition. It is common for the DA to omit service of the Answer, so you should either file a Request for Notice at the commencement of the case or regularly check the case file to know when the matter is eligible for judgment.

Name corrections are explicitly permitted to be signed either in open court or in chambers without hearing.1  If the matter has not previously been set for hearing, you will most likely need to hand deliver the complete case file along with the proposed judgment to the judge handling your matter for signing in chambers. Your client will not need to be present for this process. If the matter is set for hearing, you will make your appearance with your client and provide any additional information as requested by the court. If the DA has no objection to the requested name correction, the judge will not likely request any additional information.

• 1La. R.S. 13:4753.

Once a final judgment granting the requested name correction is rendered, the Revised Statutes require you to provide the Office of Vital Records with a certified copy of the Judgment.1  Vital Records administrative policy requires providing a certified copy of the Petition, the Answer, and the Judgment. Submission of the application also requires payment of a processing fee as well as fees associated with obtaining additional certified copies of the corrected birth record. All applications to amend birth records are routed through the primary Vital Records office in Baton Rouge and significant delays can occur. Each application is assigned a case number and case manager at Vital Records; feel free to follow up with that person for regular progress updates. At the time of this writing, the Vital Records processing time is 16 to 18 weeks.

• 1La. R.S. 13:4754(B)