How to Change Your Legal Name and Gender 101
A guide on how to change your name and you gender markers on documents across the United States.
by Mira Lazine
In light of Donald Trump’s electoral victory on November 5, many are left fearful of what’s to come next, including many more transgender people.
Assigned Media recommends that our transgender readers seek out these changes as soon as possible, and we’d like to help. While we are unable to provide a step-by-step guide for every state, we can direct readers to important resources within their state, and help them figure out a rough guide for the process.
Sex Changes
With legal sex changes, there are four major things that American trans people need to heed - their driver’s license/state ID, passport, social security, and birth certificate. For information on how to navigate these processes in your state, the organization Advocates for Trans Equality has a state-by-state breakdown of how to get these changes, including for all U.S. territories and Washington, D.C.
Additionally, if you’re looking to break down exact policies and requirements to compare between states, check out the Movement Advancement Project’s page for more information.
Driver’s License/State ID
Requirements for changes to your driver’s license or state ID will vary depending on what state you’re in.
In some states, such as Minnesota, you’re able to go to the DMV with an existing ID and request a form to change the sex marker, with the updated ID being sent within 3-4 weeks.
However, other states require signed statements from doctors, court orders from judges (which often require said proof from doctors), or even some surgeries to grant these changes. Some, such as Texas, completely ban gender changes entirely - in these cases, you may want to either contact a trans legal organization for more information, or even to flee the state entirely.
In all cases, once you change your gender on your driver’s license/state ID, you can currently keep it that way were you to move to a separate state. However, be aware of legal battles in trans-antagonistic states, such as Texas, which are currently seeking to retcon gender changes to your state ID.
There will likely be a fee for getting an updated photo ID, which will vary depending on your state. Contact your local DMV for more information on what fees may be required, though note that they typically hover between $40-70, and don’t often exceed $100.
Passport
Changing the gender on your passport has been simplified in recent years. While you used to need signed records from a doctor, as of 2022 you only need to fill out an application (in-person) at your local Passport Acceptance Facility.
Advocates for Trans Equality has a helpful webpage summarizing the exact steps to get your passport changed. To summarize, you’ll first head to the State Department website or call the National Passport Information Center at 1-877-487-2778 to figure out where your local Passport Acceptance Facility is.
Next, you’ll fill out and print the Passport Application Form (Form DS-11) and fill it out with your desired gender identity. There is a male, female, and X option available. After that, you’ll take the form to your local facility and provide proof of citizenship - i.e. a previous passport, birth certificate, or naturalization form; a form of ID such as a driver’s licenses or any of the previous documents; a 2 inch by 2 inch color photograph of yourself; and money for fees, which vary (typically between $100-200) in price, but can be determined on the State Department website. You’ll ideally want your driver’s license to be updated to your current gender identity.
Note that the color photograph can be obtained at your local UPS Store, Walmart, CVS, Walgreens, or other similar store that has a photograph center. For a small fee, they’ll take the photo and print it out for you. Alternatively, you can also take it at most Passport Acceptance Facilities for about a $15 fee, though you can opt to do it yourself. However, taking it yourself increases the risk that it’ll be rejected, as the requirements for it are stringent.
Your updated passport will be sent to you via mail, and may take several weeks to arrive.
Social Security
To change your social security information, the process is extremely simple, and is currently the same for everyone across the country regardless of what state you were born in. Note that they currently only have options for ‘male’ and ‘female’.
All you need to do is head to the Social Security website, answer a few questions regarding your state of residence and demographics, and they’ll direct you to where you need to make an appointment. Note that if you’re a Firefox user, the website may not work, so another browser is needed.
They’ll typically only request one form of identification to prove it’s you, however you may want to bring more if you have them available in case the clerk gives you trouble. You’ll want this form of ID to have your gender identity, not assigned sex at birth. These can be your driver’s license, state ID, passport, health insurance or Medicaid card, a signed medical record from within the last two years containing your name and date of birth, military ID card, or certificate of U.S. citizenship.
Note that updating your social security card is entirely free. It will be sent to you via mail and may take several weeks to arrive.
Birth Certificate
Changing your birth certificate is generally the hardest process of these four, as it varies substantially based on what state you were born in. Note that to change your birth certificate, you have to interact with the state you were born in, and not that which you currently reside in.
Also note that many states do not allow you to update the sex on your birth certificate. For information on what states do allow this, check the Advocates for Trans Equality website.
Some states simply require a signed document from your doctor signifying that you’ve transitioned, while others may require a court order to change your birth certificate. Some, such as Florida, do not allow you to change the sex on your birth certificate at all. In cases such as this, you will want to reach out to a trans legal organization for more information on how to proceed with other gender changes for identity documents.
Most states will require some type of fee to update your birth certificate. In most cases, this hovers between $20-50. The birth certificate will be sent to you via mail, and may take several weeks to arrive.
Name Changes
Name changes are much more complicated than gender changes, with exact requirements varying based on your state. All states allow for some type of name change, but not all of them will grant you a name change because you’re transgender - you may want to seek the help of local trans legal organizations for more information.
We recommend seeking out the Transgender Legal Defense and Education Fund, Transgender Law Center, or any local organizations that service trans people. These can range from informed consent clinics to your local university.
In general, you’ll be required to set up a court appointment with a local judge, where you’ll need to provide proof of identification, other people to testify that you do use your preferred name in your day-to-day life, and potentially additional documents that vary based on your state and county, such as signed documents from your doctor.
Also be aware that many states have habitation requirements for name changes - in some it’s only three months, while others it’s up to a year.
In general, you can expect a fee of up to $400, though you can request a waiver for this fee by providing proof that you are sufficiently low income. You will likely be expected to publicize your name change, such as in the local newspaper or online. In some states, this can also be waived if you can demonstrate that you would be at risk by publicizing said name change. It is recommended to talk to a lawyer for information on what would suffice as proof.
Provided the judge accepts your plea, you’ll be granted a court ordered name change. Get as many of these as you can, as many places require an original document signifying your name change, and do not allow for copies. Note that getting more will require additional funds.
If you have a criminal record, you’ll want to submit your name change to the Bureau of Apprehension within ten days, and note that if you’re a felon, you can only change your name once.
You’ll then want to reach out to your local DMV, the social security administration, your local passport service facility, financial institutions, postal service, voter registration educational institutions, insurance institutions, and any other relevant bodies that require your legal name with updated information. Processes for how to change your name with each of these vary, so be prepared to call many customer service lines.
If you are an immigrant, make sure you update your local immigration office with your information. If you are assigned male at birth, also be sure to update the selective service registry.
So, that’s our quick and dirty guide to document changes. Have you changed your documents, and did you find it easy or hard? Let us know in the comments below.
Mira Lazine is a freelance journalist covering transgender issues, politics, and science. She can be found on Twitter, Mastodon, and BlueSky, @MiraLazine