Some people use a name that is different from the name their family gave them. Just like people often go by nicknames, you can use a name and pronouns (such as he/him/his, she/her/hers, or they/them/theirs) that you choose even if they are different from your legal name and gender. However, you can also change your legal name and gender so that your gender identity is officially recognized on your identity documents.
As of April 2022 you may change your gender marker on your passport to M, F, or X. You do not need a physician's certification, medical documentation, or any other documents to change your gender marker.
Identity documents (or “IDs”) are legal documents that can be used to prove you are who you say you are. In the United States, identity documents that people often have are a birth certificate, a state ID or driver’s license, a passport, and a Social Security card.
There is no way to change all your identity documents at once. This is because different agencies are in charge of each type of identity document, and each agency has their own rules for how to change the documents they issue.
In order to change your name on your ID, you need a court order, which is a legal document signed by a judge that officially recognizes your chosen name as your legal name. You can then bring a copy of that court order to change your name on your various IDs.
There are two ways to change your “gender marker” (the part of an ID that says that your gender is “M,” “F,” or “X”). In many cases, the most efficient way is to get a court order recognizing your gender change and to use that order to change your gender marker on your various IDs. A court order from your state is respected by all the agencies in your state that issue IDs, making it easier to change your state IDs. If you want to change your birth certificate, but were born in a different state from where you live, you may need to meet the requirements for changing your gender marker in the state where you were born. Although many states accept a court order, you should reach out to an LGBT or trans-specific advocacy organization in the state where you were born to find out if there are particular requirements you should be aware of before starting the process of correcting the gender marker on your birth certificate in the state where you live. Those organizations are likely going to have really helpful information to guide you through the process. However, a court order is not needed in all states. Some agencies allow you to change the gender marker on an ID without a court order. For example, in some states you can change the gender marker on your driver’s license just by signing a form stating what your gender identity is. Other states may require a letter from your therapist or doctor confirming that you are seeking treatment for gender dysphoria.
A court order is a legal document that officially recognizes your name and/or gender change. You can get a court order that only changes your name, only changes your gender, or changes both. You can get your name and gender marker change orders separately, but it will likely cost more as you may have to pay the court filing fee twice.To get a court order, you will usually need to fill in a form called a “petition.” You then send, or “file” the petition in the court in the county where you live. You usually need to pay a fee to file the petition. The cost varies depending on where you live (usually $150-$450). Many courts will allow you to not pay, or “waive,” the fee if you can show that you can’t afford to pay. To request a waiver of the fee, you will have to complete additional forms and provide proof of how much money you make each month.
A judge might grant your petition based on the form alone. Alternatively, a judge might ask to speak to you about why you want to change your name and/or gender.
If they want to speak to you, they will ask you to come to a “hearing,” which is a set time that you must go to court to answer the judge’s questions. For more information about what to expect at a hearing, see Name and Gender Changes for Minors.If the court decides to grant your petition, they will sign an order or official statement changing your name and/or gender that you submitted with your petition. You can then use official copies of the order, which are called certified copies, to change your name and/or gender marker on most identity documents. Courts often charge a fee for certified copies of court orders. You should call the court before the hearing to find out how much each certified copy will cost so that you can bring enough money for the certified copies.
Many free legal aid clinics offer assistance with name changes, gender changes, and other small-scale court orders. Some court systems, such as California, offer in-house legal aid. These organizations may help you navigate the court order process
Some states require name change petitions to be published in a newspaper or other public forum. If you live in a state that requires publication, you can ask the court to excuse, or “waive,” the publication requirement because it discloses your trans status, which is private information and could expose you to discrimination and mistreatment. You can also ask the court to “seal” the record of your name and/or gender change, which means that the court record won’t be publicly available for other people to look at.
If the judge denies your request to waive the publication requirement or seal the court record, you may still be able to preserve some of your privacy by publishing the notice of your petition in a newspaper that is not distributed in the area where you live. You just need to make sure that the newspaper you choose is on the list of court-approved newspapers. Also, you should consider publishing the notice in a newspaper that does not post their legal notices in the online version of the newspaper. That can reduce the number of people who may see the notice.The National Center for Transgender Equality’s ID Document Center has more information about procedures for filing a name or gender change petition in each state here.
To start the process, your parent(s) or guardian(s) usually has to file a petition with the court on your behalf to change your name or gender marker. If you are over the age of 18, or legally emancipated from your parent(s) and/or guardian(s), you can petition for a name and/or gender change court order by yourself.
When a trans person under 18 is involved, the court will often set a hearing to decide whether to grant a legal name or gender change. A hearing gives the judge an opportunity to ask you and your parent(s) or guardian(s) questions about the petition and why you want to change your name and/or gender marker. The judge may just want to confirm that you meet all the basic legal requirements for a name and/or gender marker change, such as living in the county where the court is located. But you won’t know what a judge may ask until you get to the hearing. Given that many judges are unfamiliar with the trans community and issues affecting trans youth, attaching letters from people such as your medical providers, teachers, family members, or friends to the petition may help answer some of the judge’s questions before you get to court. These documents should explain to the judge why it is important for your name and/or legal gender to affirm your gender identity.
If the judge asks you a question that you are not prepared for, or feel uncomfortable answering, you and your parent(s) or guardian(s) should consider asking for a continuance. A continuance reschedules the hearing to a later date and time, giving you time to allow you to talk to or hire a lawyer, or to bring the court additional information to answer the judge's specific question. There isn’t a specific way to ask for a continuance, but you should use the word “continuance” in making your request to make sure the judge understands what you’re asking for.The judge will use the information you provided in the petition and at the hearing to determine whether your petition meets the requirements for a name and/or gender marker in your state. Typically, if your legal parent(s) or guardian(s) consent to the name and/or gender marker change, the judge will mainly be looking to confirm that your petition meets the basic legal requirements for a name and/or gender marker change.
Even if not explicitly stated on the state website, parental/guardian consent is typically needed for changing a minor's state ID, and you should presume that such consent is required unless stated otherwise. If both parents/guardians refuse to consent, you may be unable to make the change as a minor, unless you are emancipated (see the section on Emancipation for more information). If possible, in such a scenario you should consult an attorne
If your legal parent(s) or guardian(s) disagree about whether you should change or name and/or gender marker, a judge will use a legal standard that involves deciding what is in “the best interests of the child.” The parent or guardian who is supporting your petition will have to submit evidence demonstrating why the name and/or gender marker change is in your best interests.For more guidance about what to do if one or more of your parent(s) or guardian(s) are not affirming your gender identity, see Non-Affirming Care Environments.
Name Change: In order to change your name on your driver’s license or state ID, you usually need to provide a certified copy of the court order for your name change to your local Department of Motor Vehicles.Gender Marker Change: Different states have different standards for what types of documents you need to give them to change the gender marker on your driver’s license or state ID. This can be different than what you need to change the gender marker on your birth certificate. In many states it is easier to correct the gender marker on a driver’s license or state ID than on a birth certificate. In some states, you are required to get a court order to change your gender marker on your ID. In other states, you can choose either to get a court order, or to submit certain other documents to the agency in charge of issuing IDs in your state. However, as noted earlier in Changing Your Gender Marker, getting a court order is often the most efficient thing to do from the beginning, because a court order can also be used to change your other identity documents.The National Center for Transgender Equality’s ID Documents Center has more information about the requirements for each state here. Confirm the information with the state website or with state-level legal assistance organizations.
In Arkansas, California, Connecticut, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington you can change your gender marker either by providing a court order, or simply by signing a document stating what your gender identity is, with no medical documentation required.
In Alaska, Colorado, Delaware, Florida, Kansas, Missouri (or proof of surgery), Montana, Nebraska (“necessary sex reassignment procedures”), North Carolina, Ohio, Puerto Rico, West Virginia, Wisconsin, and Wyoming, you can provide either a court order, or a health care provider’s letter either stating what your gender identity is or stating that you have received or are undergoing some type of transition-related care. Each of those states likely has different requirements about who can write this statement (for example, a physician or a mental health provider) and what language the statement requires (for example, certifying what your gender identity is, or that you have received “clinically appropriate care for gender transition”).
The following states require that a healthcare provider's letter attest that transition was “pemanent” / "completed" / "successful": Idaho (“undergone a change of sex”), Indiana (“permanent”), Iowa (“complete”; also requires you to first update birth certificate if you are native Iowan), Louisiana (“successful”), and North Dakota.
In Alabama, Mississippi, South Carolina, South Dakota, Texas, and Utah, the process other than a court order is currently unknown, or no formal process exists outside of a court order, due to pending litigation. In Mississippi, a minor is below the age of 21. In Utah, a corrected passport/birth certificate may be sufficient to achieve a court order.
The following states require a healthcare provider's letter to attest that you receive gender transition surgery: Georgia, Kentucky (or birth certificate, court order, or 10-year passport), and Oklahoma.
Tennessee prohibits changing your state records to be inconsistent with gender recorded at birth.
Name Change: In order to change your name on your birth certificate, you usually need to provide a certified copy of the court order for your name change to your state Department of Vital Records or Statistics.Gender Marker Change: Different states have different standards for what types of documents you need to give them to change the gender marker on your birth certificate. This can be different than what is required to change the gender marker on your driver’s license or state ID. In some states, you are required to get a court order to change your gender marker on your birth certificate. In other states, you can choose either to get a court order, or to submit certain other documents to the agency in charge of issuing birth certificates in your state. However, as noted above in Changing Your Gender Marker, getting a court order is often the most efficient thing to do from the beginning, because a court order can also be used to change your other identity documents. The National Center for Transgender Equality’s ID Documents Center has more information about the requirements for each state here.
In California, Idaho (subject to change pending litigation), Maine, Michigan, New Jersey (court order if resident non-native), New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, you can change your gender marker by either providing a court order, or by signing a document stating what your gender identity is. You don’t need to provide any medical documents.
In Alaska, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Kansas (or updated passport/driver’s license), Maryland, Massachusetts, Minnesota, Nevada (letter can also be from friend or family member), Pennsylvania, Puerto Rico (or passport/driver’s license), Virginia, and West Virginia, you need to provide a health care provider’s letter either stating what your gender identity is, or stating that you have received some type of transition-related care. Each of those states likely has different requirements about who can write this statement (for example, a physician or a mental health provider) and what language the statement requires (for example, certifying what your gender identity is, or that you have received “clinically appropriate care for gender transition”).
In the following states, you can provide either a court order, or a health care provider’s letter stating that you have received gender confirming surgery: Arizona (or proof of chromosome change), Iowa (note that the language is sex change “by reason of surgery or other treatment,” leaving status uncertain), Kentucky, Nebraska, North Carolina, and North Dakota (established via regulations, not law).
In Indiana, Mississippi (requires attestation of reassignment, which could be interpreted as surgery), Ohio, Utah, and Wyoming (may require surgery), you must provide a court order to change your gender marker. In Arkansas, Georgia, Louisiana, Missouri, and Wisconsin, the court order must specifically state that you received gender-confirming surgery.
In Montana (pending litigation), New Hampshire, and Tennessee, changing your birth certificate gender marker is currently not possible.
In Alabama, Oklahoma, South Carolina, South Dakota, and Texas, the process is unknown due to pending litigation. A court order would likely suffice.
In order to change your name on your passport, you must submit a certified copy of the court order for your name change. As of 2022, all U.S. passports now have three gender markers: M, F, and X. This can be changed by self-selection. Beginning in late 2023, you will be able to select X if applying for a Consular Report of Birth Abroad. No medical documentation is needed.
If you are under the age of 16, you need the consent of both your parent(s) or guardian(s), and you must file a Form DS-11 to change your passport. If a parent or guardian is not present when you apply, you must also submit a Statement of Consent (Form DS-3053) from your parent(s) or guardian(s). The forms you need to change your name and gender marker on your passport are available on the U.S. Department of State's website. The National Center for Transgender Equality has more information on how to change your passport here.
Name Change: To change the name on your Social Security card, you need to submit an Application For A Social Security Card (Form SS-5), proof of citizenship or immigration status, proof of legal name change (such as a court order), and proof of identity.
Gender Marker: Changing your gender with the Social Security Administration (SSA) is important even though your gender doesn’t appear on your Social Security card. SSA keeps records for everyone who has a Social Security card and other groups, such as your employer or banks, may check your gender against SSA’s database. You no longer need to “prove” your transition to update your gender marker with the SSA. If you have identifying documentation, you can update by self-attestation.
If you are under 18 and you are not emancipated, you will need the permission of your parent(s) or guardian(s) in order to change your Social Security records. More information about the documents required are on the Social Security Administration website.
The rules for Passports and Social Security Cards were established by executive agencies, who serve at the direction of the President. As such, they are subject to change along with the changing of a Presidential administration.
All American citizens and documented immigrants aged 18 to 25 who are assigned male at birth must register with the Selective Service System within 30 days of turning 18. Registration is required by the government as a way of preparing for the draft. Many federally funded programs, including financial aid for college, require that people register for Selective Service. As a result, if you are a transgender person who was assigned male at birth, you should register for Selective Service when you turn 18, regardless of whether you have transitioned or corrected your identity documents.
If you are a transgender person who was assigned female at birth, you should get a letter stating that you are exempt from Selective Service. The way to do this is by submitting to Selective Service what is called a “Request for Status Information Letter” form that states you are transgender. Selective Service will then send you a letter confirming you don’t have to register for Selective Service. You can access this form by contacting the Selective Service at (888) 655-1825, or on their website.
An increasing number of states and cities legally recognize non-binary gender identities. The following states allow for non-binary gender markers on their state ID: Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire (by legislation), New Jersey, New Mexico, New York, Oregon (this applies to birth certificates as well), Pennsylvania, Utah (due to a court order), Virginia, Washington, and Wisconsin (unclear application to birth certificate). In many cases, these regulations apply to both state IDs and passports, but confirm with your state.
You can get an “X” designation on your federal passport by self-attestation.
If you do get a non-binary gender marker on your state identity documents, you should be aware that you could experience difficulties if the gender marker on your state and federal documents don’t match (for example, if your state driver’s license says “X” but your passport says “M”), particularly when traveling by plane. Many airlines no longer require you to state your gender when you book a flight if you are flying within the United States. You also do not need to bring any ID in order to fly if you are under 18 and traveling with a parent or guardian.
A big reason that some people want to change their name and gender marker on their IDs is so that they won’t be “outed” as trans when they are asked for ID. This can be an effective strategy for day-to-day situations like interacting with a police officer, a bartender, or a landlord. However, it is important to acknowledge that in the United States, there is currently no way to absolutely guarantee that no one will ever know that you are trans. Even if you do change all of your identity documents and get a court to waive the publication requirement or seal the record for your court order, it’s possible for people to find out. Your prior names and other identifying information are likely to be available in a number of places, such as old school records and credit reports. Also, there may be instances where you will be asked to disclose prior names, for example as part of a job application. Although there is a general right to privacy, which includes private and sensitive information, courts have not yet determined the full scope of that right. Every trans person needs to make their own personal decisions about whether changing their name and/or gender records is right for them.
