Md. R. Spec. Proc. 15-902

As amended through November 13, 2024

Rule 15-902 - Action forJudicial Declaration of Gender Identity

(a) Applicability

This Rule applies to actions for judicial declaration of gender identity, with or without a name change.

Committee note: Under certain circumstances, a judicial declaration of gender identity may be necessary to change an individual's gender designation on a birth certificate or to affirm the individual's gender identity in legal, administrative, and other contexts.

Cross reference: See Rule 16-914(p) concerning inspection of a case record in an action filed under this Rule. For a change of name without a judicial declaration of gender identity, see Rule 15-901.

(b) Venue

(1) Declaration of Gender Identity of an Adult

An action for judicial declaration of gender identity shall be brought in the county where the adult resides, carries on a regular business, is employed, habitually engages in a vocation, or was born.

(2) Declaration of Gender Identity of a Minor

An action for judicial declaration of gender identity of a minor shall be brought by an adult petitioner on behalf of the minor in the county where the minor resides or where a parent, guardian, or custodian of the minor resides, or where the minor was born.

(c) Petition

(1) Contents

An action for judicial declaration of gender identity shall be commenced by filing a petition captioned "In the Matter of ..." [stating the name of the individual for whom the declaration is sought] "for judicial declaration of gender identity as..." [stating the gender designation desired]. The petition shall be under oath and shall contain the following information:

(A) the name, address, and date and place of birth of the individual for whom the relief requested is sought;

(B) a statement as to why venue is appropriate;

(C) the gender identity declaration desired;

(D) all reasons for the relief requested;

(E) a certification that the petitioner is not requesting the relief for any illegal or fraudulent purpose; and

(F) if the individual for whom the declaration is sought is a minor, (i) a statement explaining why the petitioner believes that the relief requested is in the best interest of the minor; (ii) the name and address of each parent and any guardian or custodian of the minor; (iii) whether each of those individuals consents to the relief requested; (iv) whether the petitioner has reason to believe that any parent, guardian, or custodian is unfamiliar with the English language and, if so, the language the petitioner reasonably believes the individual can understand; (v) if the minor is at least ten years old, whether the minor consents to the relief requested; and (vi) if the minor is younger than 10 years old, whether the minor objects to the relief requested.

(2) Change of Name

If the petitioner also requests a name change, the petition shall include the following information:

(A) whether the individual whose name is sought to be changed has ever been known by any other name and, if so, each name and the circumstances under which the name was used;

(B) the change of name desired; and

(C) whether the individual whose name is sought to be changed has ever registered or been required to register as a sexual offender and, if so, each full name, including any suffix, under which the individual was registered and each state where the registration requirement originated.

Cross reference: See Code, Criminal Procedure Article, § 11705, which requires a registered sexual offender whose name has been changed by order of court to send written notice of the change to each law enforcement unit where the registrant resides or habitually lives within three days after the order is entered.

(3) Documents to Be Attached to the Petition

The petitioner shall attach to the petition:

(A) if the individual for whom relief is sought is a minor, (i) the written consents of each parent, guardian, or custodian of the minor or an explanation why the consent is not attached, and (ii) the written consent of the minor, if the minor is at least 10 years old;

(B) any documentation in support of the requested declaration of gender identity; and

(C) if the petitioner requests a name change, a copy of a birth certificate or other documentary evidence from which the court can find that the current name of the person whose name is sought to be changed is as alleged.

(d) Minors - Notice to Nonconsenting Parent, Guardian, or Custodian

(1) Generally

Upon the filing of a petition under this Rule on behalf of a minor, if the written consent of each parent, guardian, and custodian of the minor was not filed pursuant to subsection (c)(2)(B) of this Rule, the clerk shall sign and issue a Notice in a form approved by the State Court Administrator that (A) includes the caption of the action, (B) describes the substance of the petition and the relief sought, and (C) states that any objection to the relief requested shall be filed no later than 30 days after service of the petition.

(2) Notice or Advisement in Language Other Than English

If the petition states that a nonconsenting parent, guardian, or custodian may be unfamiliar with the English language, the clerk also shall either issue the Notice in the language indicated in the petition or, if the Notice is not available in the indicated language, attach a Multilingual Advisement Form approved by the State Court Administrator to the Notice that was issued in English.

(3) Documents to Be Served

A copy of the following documents shall be served upon each nonconsenting parent, guardian, or custodian in the manner provided by Rule 2-121:

(A) the Notice,

(B) the petition,

(C) each attachment to the petition, and

(D) if the petition indicates that the individual to be served is unfamiliar with the English language, either the Notice in the indicated language or a Multilingual Advisement Form attached to the Notice.

(4) Objection to Petition

A parent, guardian, or custodian of a minor who does not consent to the relief requested may file an objection no later than 30 days after being served in accordance with subsection (d)(3) of this Rule. The objection shall be supported by an affidavit that sets forth the reasons for the objection. The affidavit shall be made on personal knowledge, shall set forth facts that would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavit. The objection and affidavit shall be served upon the petitioner in accordance with Rule 1321. The petitioner may file a response within 15 days after being served with the objection and affidavit. A parent, guardian, or custodian of a minor who does not file an objection within 30 days after being served in accordance with subsection (d)(3) of this Rule shall be deemed to have consented to the relief requested.

(e) Action by Court; Hearing

(1) Petition Seeking Declaration of Gender Identity of an Adult

The court may hold a hearing on a petition seeking a declaration of gender identity of an adult, or may grant the relief requested without a hearing, and shall enter an appropriate order, except that the court may not deny any of the relief requested without a hearing.

(2) Petition Filed on Behalf of a Minor

The court may hold a hearing or may grant the relief requested on a petition filed on behalf of a minor without a hearing and enter an appropriate order if (A) the written consent of the minor, if required, has been filed, and (B) each parent, guardian, and custodian (i) has filed a written consent pursuant to subsection (c)(3)(A) of this Rule, or (ii) having been served pursuant to subsection (d)(3) of this Rule, did not timely file an objection. In all other cases, the court shall hold a hearing no earlier than 30 days after all nonconsenting parents, guardians, or custodians have been served in accordance with subsection (d)(3) of this Rule and enter an appropriate order. To aid the court in evaluating the best interests of the minor, the court may order further proceedings, which may include a specific issue evaluation using the procedure set forth in Rule 9-205.3. The court may not deny any of the relief requested without a hearing.

Md. R. Spec. Proc. 15-902

This Rule is new.

Adopted September 30, 2022, eff. 1/1/2023.

Committee note: Not all individuals identify as cisgender or transgender or on a binary of male or female. See In re K.L., 252 Md.App. 148 (2021), citing Grimm v. Gloucester County School Board, 972 F. 3d 586 (4th Cir. 2020).

See In re K.L., 252 Md.App. 148 (2021); In re Heilig, 372 Md. 692 (2003); Code, Health General Article, § 4211; and Code, Transportation Article, § 12-305.