A legal gender marker change is handled document by document, and the rules split sharply between state and federal records. State-issued documents like driver’s licenses and birth certificates can still be amended in most states, though the requirements range from a simple form to a court order with medical proof. Federal documents are a different story: since January 2025, the State Department and Social Security Administration have stopped processing gender marker changes on passports and Social Security records.
What Changed at the Federal Level in 2025
Executive Order 14168, signed on January 20, 2025, redefined “sex” across the federal government as “an individual’s immutable biological classification as either male or female” and directed agencies to stop using the concept of gender identity in official records.1Federal Register. Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government The order specifically instructed the Departments of State and Homeland Security to ensure that passports, visas, and Global Entry cards reflect the holder’s sex as defined by the order.
The practical result: the State Department stopped issuing passports with gender markers that differ from biological sex at birth, and the Social Security Administration stopped processing gender marker changes on its internal records as of January 31, 2025. The order does not control state agencies, so state courts, DMVs, and vital records offices continue to operate under their own laws. If you are working through a gender marker change now, expect to make progress on state documents while federal documents stay frozen.
Updating Your Driver’s License or State ID
Your state’s motor vehicle agency handles gender marker changes on driver’s licenses and state ID cards, and this is usually the fastest document to update. Roughly 21 states and the District of Columbia allow self-attestation, meaning you fill out a form at the DMV and pay a small fee for a corrected card, typically $5 to $40. Other states require a court order, an amended birth certificate, or a medical provider’s letter submitted directly to the DMV.
Because REAL ID-compliant licenses require certain source documents, some DMV offices may ask for an updated Social Security record or birth certificate before issuing a corrected license. This can create a catch-22 when the federal agencies that issue those source documents are no longer processing gender marker changes. If you hit that wall, ask the DMV specifically which alternative documents they will accept.
Amending Your Birth Certificate
Birth certificates are always controlled by the state where you were born, not the state where you currently live. If you were born in Ohio but live in Oregon, you must go through Ohio’s vital records office. Your court order from your current state may or may not be accepted by your birth state, though many states do honor orders from other jurisdictions.
The process and cost vary. About 14 states handle birth certificate amendments administratively, meaning you submit a form and supporting documents to the vital records office without a court order at all. Others require a court order from within that state, which can force you to hire an attorney in a state where you no longer live. Fees for amending a birth certificate are generally under $40.
Roughly 11 states do not allow gender marker amendments on birth certificates under any circumstances. If you were born in one of these states, you may not be able to obtain an amended birth certificate no matter what other documents you have updated. There is no workaround short of a change in that state’s law.
Filing a Court Petition
Many states require a court order before other agencies will update your records, and most people combine the gender marker request with a name change petition in the same filing. You file at the county courthouse where you live, pay a filing fee, and wait for a judge to review and approve the request.
Residency
Courts only have authority over people who live within their jurisdiction, so you generally need to establish residency before filing. Required waiting periods range from none to six months. Proof of residency usually means a utility bill, lease agreement, or state-issued ID showing your current address.
Filing Fees and Waivers
Court filing fees for a gender marker or name change petition range from about $25 to $500 depending on the state and county. Most courts offer fee waivers for people who receive public benefits, earn below a set income threshold, or cannot afford the fee without sacrificing basic needs. You request the waiver at the same time you file, using a separate form from the court clerk.
Publication Notice
Some states have historically required petitioners to publish a notice of the name change in a local newspaper. A growing number of states have eliminated this requirement for gender-related changes because forced publication can create safety risks. Where publication still applies, many courts will grant an exemption if you can show that publication would put you at risk of harm. Ask the court clerk whether publication applies to your petition.
The Hearing and the Order
In straightforward cases, many courts issue the order without requiring you to appear. Some judges still schedule a brief hearing. After the judge signs the order, ask the clerk for multiple certified copies at the courthouse. You will need one for every agency you contact afterward, and ordering them together saves return trips. Each copy typically costs a few dollars.
Medical Letter or Self-Attestation
What you submit alongside a petition or DMV form depends entirely on your state. States that require medical documentation typically accept a letter from a licensed physician, psychologist, social worker, or other qualified provider stating that you have received appropriate clinical treatment for gender transition or that your gender identity differs from what is currently on your records. The letter does not need to describe specific procedures. Some states require it to be notarized.
States that use self-attestation let you sign a declaration under penalty of perjury stating your gender identity, with no medical letter needed. Roughly a third of states have adopted some version of self-attestation for at least one document type.
If your state requires a medical letter, the provider who writes it does not have to be the same provider who treated you. Many primary care physicians, therapists, and nurse practitioners familiar with gender-affirming care can prepare one. The key is matching the letter’s language to what your state’s form or statute requires. A vague or incomplete letter is the most common reason petitions get delayed.
Passports
The State Department’s current policy, in effect since early 2025, is that all new and renewed passports must display an M or F sex marker matching the holder’s biological sex at birth.2U.S. Department of State. Sex Marker in Passports The X gender marker option, which had been available since 2022, is no longer offered. If you submit an application requesting an X marker or a marker that differs from your sex at birth, the State Department will issue a passport matching your birth sex based on its records.
The U.S. Supreme Court reinforced this policy in November 2025 by staying a preliminary injunction that had been issued in Orr v. Trump, allowing the government to continue enforcing the birth-sex passport policy while the case proceeds through appeals.3Supreme Court of the United States. 25A319 Trump v Orr Passports previously issued with a different gender marker remain valid for travel until they expire or are replaced.
Social Security Records
The Social Security Administration had moved to a self-attestation model in March 2022 that let people update their gender marker without medical documentation.4Social Security Administration. Social Security to Offer Self-Attestation of Sex Marker in Social Security Number Records That policy was reversed following Executive Order 14168, and the SSA stopped accepting or processing gender marker changes effective January 31, 2025.
You can still update your name with the SSA by submitting Form SS-5 along with a certified court order and a valid identity document, and a new card typically arrives in 7 to 14 business days.5Social Security Administration. Application for a Social Security Card The gender marker in the SSA’s internal records will not change, which can create a mismatch that surfaces during employment verification.
Special Situations
Minors
In states that allow minors to petition for a gender marker change, both parents or legal guardians typically must consent to the filing. If one parent agrees and the other does not, the court usually holds a hearing to evaluate whether the change serves the child’s best interests. Some states set minimum ages. Once you turn 18, the process is independent and does not require parental involvement. Adults under legal guardianship or conservatorship may need their guardian to participate.
U.S. Citizens Born Abroad
If you were born outside the country, your birth document is a Consular Report of Birth Abroad rather than a state birth certificate. To amend it, you submit a notarized Form DS-5542 along with the original CRBA (or a notarized statement explaining why you cannot provide it), a photocopy of a valid photo ID, and original or certified documents supporting the change.6U.S. Department of State. How to Replace or Amend a Consular Report of Birth Abroad (CRBA) The fee is $50 per record and processing takes four to eight weeks. Because CRBAs are federal documents administered by the State Department, the Executive Order 14168 restrictions that apply to passports likely affect CRBA amendments as well. Confirm current policy with the State Department before submitting.
Veterans and Military Records
Veterans who need to update their name on a DD-214 apply through the Board for Correction of Military Records (or the Board for Correction of Naval Records, depending on the branch) using DD Form 149, with a certified copy of the court order attached. The DD-214 itself does not contain a gender marker field, but inconsistencies between the name on a DD-214 and current legal identification can delay VA benefits and other services. The board typically operates under a three-year filing deadline from the date you discover the need for correction, though it can waive that deadline in the interests of justice. Verify current Department of Defense procedures before filing.
School Records
Under the Family Educational Rights and Privacy Act, students who have turned 18 (or attend a postsecondary institution at any age) can request amendments to education records they believe are inaccurate.7Student Privacy Policy Office (U.S. Department of Education). Amending a Record For students under 18, the right belongs to the parents. Schools are not required to grant every request, but FERPA provides a formal process for challenging a denial. Updating school records matters most for transcripts, which follow you into job applications and graduate school admissions.
Background Checks and Privacy
A legal gender marker change does not automatically erase your prior records. Background checks may reveal a former name or a mismatch between current documents and older records, which can inadvertently disclose that someone is transgender. The Social Security Administration’s verification system has historically flagged discrepancies between the gender on an employer’s records and the gender in the SSA database, sending notification letters to public-sector employers. That system is no longer used for private employers, but the underlying mismatch in SSA records can still surface in other ways.
Some jurisdictions prohibit employers from taking adverse action based on learning that an applicant is transgender through a background check, but these protections are not universal. You are generally not required to disclose that you are transgender when applying for jobs, and failing to volunteer that information is not considered dishonest. If a background check requires you to list former names, you may need to include your prior legal name, but the reason for the change is not something you are obligated to explain.