Gender Marker Name Change: Complete Guide (2026)
Updated April 2026 · 9 min read · Not legal advice · Laws in this area are changing rapidly — verify current rules in your state before proceeding
Changing your name and gender marker on legal documents is increasingly streamlined in many states — but the legal landscape shifted significantly in 2024–2026, with several states restricting gender marker changes on state IDs and birth certificates. This guide covers the current state of the law, what is and is not possible in each state, and the federal process for passports and Social Security.
Use the free name change calculator to see your state's specific gender marker change rules and costs.
⚠️ Laws in this area changed significantly in 2024–2026. Texas, Florida, and several other states have restricted gender marker changes on state IDs and/or birth certificates through legislation or administrative policy. Always verify current rules with your state's DMV or vital records office before filing. This guide reflects the law as of April 2026.
Name Change vs. Gender Marker Change
These are two separate legal processes that can often be done simultaneously but have different requirements:
- Name change — Requires a court order in all states (same as any adult name change). Filing fees vary by state ($25–$500).
- Gender marker change on state ID/DL — Depends on your state's current law. Some states allow self-attestation; others require a court order; others currently block it entirely.
- Gender marker change on birth certificate — Filed separately with your state's vital records office. Requirements vary widely.
- Federal documents (passport, SSA) — Governed by federal rules, which currently allow self-attestation for most changes.
State-by-State Overview
Self-Attestation States
Most permissiveNo medical documentation required. Sign a self-certification form to update gender marker on state ID and birth certificate.
California, Colorado, Connecticut, DC, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington
Court Order Required
ModerateA court order is required but medical documentation is not. File a petition with your local court — often done simultaneously with a name change.
Alaska, Arizona, Delaware, Idaho, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Utah, West Virginia, Wisconsin, Wyoming
Restricted or Blocked
Most restrictiveState law or administrative policy currently blocks or severely restricts gender marker changes on state IDs and/or birth certificates. Name-only changes are still available.
Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Oklahoma, Tennessee, Texas
Federal Documents: Passport and Social Security
Social Security Administration
As of 2022, SSA allows self-attestation for gender marker changes — no medical documentation required. Complete form SS-5 and select your gender. Note: Federal policy in this area has been subject to executive orders and may change. Verify current SSA policy at ssa.gov before filing.
U.S. Passport
Passport gender marker policy has been subject to significant legal changes through 2024–2026 including Executive Order 14168 (January 2025) and subsequent court rulings. The current policy as of April 2026 limits passport gender markers to male (M) or female (F) only, with the X marker suspended. Verify the current policy at travel.state.gov before applying.
The Process: Name Change + Gender Marker Together
In states where gender marker changes are permitted, combining your name change and gender marker change in one court petition saves time and money:
File a combined petition
In most states that allow it, you can file one petition for both a name change and gender recognition order. Use your state court's specific forms — often labeled 'Petition for Change of Name and Gender' or similar.
Request record sealing
Many states allow — and in some cases automatically grant — sealed court records for gender-related name changes. This protects your privacy and in some states waives the newspaper publication requirement. Ask the court clerk about sealing when you file.
Attend hearing or submit by mail
In self-attestation states, many courts handle gender-related name changes on paper without a required hearing. In other states, a brief hearing is required.
Update state ID and birth certificate
Bring your certified court order to the DMV and separately to your state's vital records office. These are two separate updates. Some states process them simultaneously; others require separate visits.
Update federal documents
Update SSA first, then passport. Federal processes are separate from state processes and use federal forms (SS-5 for SSA, DS-82 or DS-11 for passport).
Cost
| Step | Cost |
|---|---|
| Court petition (name + gender) | $25–$500 (by state) |
| Certified copies of court order | $20–$160 (×4) |
| State ID / driver's license update | $10–$50 |
| Birth certificate amendment | $15–$50 |
| Social Security card | Free |
| Passport update | $130–$190 |
Resources
- National Center for Transgender Equality (NCTE) — Maintains state-by-state ID document guides at transequality.org/documents
- Lambda Legal — Free legal help for transgender individuals facing discrimination at lambdalegal.org
- Transgender Law Center — Legal resources and state guides at transgenderlawcenter.org
- Your state court self-help center — Most state courts have free self-help resources for name and gender marker changes. Use the calculator above to find your state's official court page.
See Your State's Current Rules
Gender marker change rules vary significantly by state and have changed recently. Use the calculator to see your state's current requirements, fees, and process.
Use the Free Calculator →