Under current U.S. passport sex marker rules, the State Department issues passports only with an M or F marker that matches the applicant’s biological sex at birth. The X marker is no longer available, and applicants can no longer self-select a sex designation on the application. The change took effect after President Trump signed Executive Order 14168 on January 20, 2025, and it remains in force following a Supreme Court stay issued on November 6, 2025, of a lower court order that had briefly blocked it.
What the Current Rule Says
The State Department’s sex marker page states the policy directly: “We only issue a passport with an M or F sex marker that matches the customer’s biological sex at birth.”1U.S. Department of State. Sex Marker in Passports Three things follow from that sentence, and each one matters for anyone filling out an application right now.
First, there is no X option. Executive Order 14168 defines sex as an individual’s immutable biological classification as male or female and states that sex “is not a synonym for and does not include the concept of ‘gender identity.'”2The White House. Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government The updated passport forms carry that definition through in practice, offering only M and F.
Second, self-attestation is gone. Under the earlier policy, an applicant could pick a marker regardless of what appeared on their birth certificate. That is no longer possible.
Third, if the marker you request on your application does not match your biological sex at birth, the State Department will issue the passport with the birth-sex marker anyway, based on its supporting documents and its own records of previous passports.1U.S. Department of State. Sex Marker in Passports
How the State Department Determines Biological Sex at Birth
The primary document is your birth certificate. That is how the State Department typically confirms sex at birth, which means the same certified copy you submit as citizenship evidence also settles the marker question.
The Department can look further if it wants to. Court filings in the Orr v. Trump litigation revealed that officials may review other documents, or call the applicant directly, to investigate the sex assigned at birth. Applicants who previously held a passport with a self-selected marker and now apply for a renewal will receive a new passport reflecting their biological sex at birth, regardless of what their prior passport showed.
What Happens to Passports Already Issued With an X or a Mismatched Marker
Existing passports remain valid. The State Department confirms that all passports are valid “until they expire, are replaced by the applicant, or are invalidated pursuant to federal regulations.”1U.S. Department of State. Sex Marker in Passports No one needs to replace a passport solely because of the marker change.
Travel abroad is a different question. The Department notes that while there are no domestic restrictions on using a valid X-marker passport, “another destination” may have its own limitations.1U.S. Department of State. Sex Marker in Passports Many countries do not recognize the X designation, which can create complications at border control or during visa processing. The Department directs travelers with questions about re-entering the United States with an X-marker document to contact U.S. Customs and Border Protection.
When the current passport expires and you renew, the new one will carry an M or F marker reflecting your biological sex at birth.
How This Differs From the Prior Policy
Starting April 11, 2022, applicants could choose M, F, or X on a passport application under the Biden administration. The X option was designed for people who identified as non-binary, intersex, or gender non-conforming. No medical documentation was required, and the selected marker did not need to match a birth certificate or any other identity document.
Executive Order 14168 ended all three features of that framework: the X marker, self-attestation, and the ability to hold a passport with a marker that does not match birth-certificate sex.
Why the Rule Is in Effect Right Now
The policy has been litigated. In Orr v. Trump, filed in the U.S. District Court for the District of Massachusetts, plaintiffs challenged the passport provisions on behalf of transgender, non-binary, and intersex passport holders. On June 17, 2025, the district court issued a preliminary injunction blocking enforcement of the biological-sex-at-birth requirement. Two months later, the court granted class certification and extended the injunction to a subset of the certified classes.
The government appealed. On November 6, 2025, the Supreme Court stayed the district court’s injunction.3Supreme Court of the United States. 25A319 Trump v. Orr That stay is why the State Department is again issuing passports under the executive order’s rule while the case moves through the First Circuit Court of Appeals. If the Supreme Court later denies review, the stay terminates automatically. If it grants review, the stay continues until the Court issues its final judgment. The current State Department position is to issue passports reflecting biological sex at birth and to decline any attestation requesting a different marker.1U.S. Department of State. Sex Marker in Passports
Applying for a Passport Under the Current Rules
The application mechanics have not changed, only the marker options. Which form you use depends on your situation.
- Form DS-11 is for first-time applicants, those whose most recent passport was issued more than 15 years ago, and anyone who does not meet renewal eligibility. It must be submitted in person at a passport acceptance facility such as a post office or clerk of court’s office.4U.S. Department of State. Passport Forms
- Form DS-82 is for renewals when your most recent passport was issued within the last 15 years, submitted by mail.5U.S. Department of State. Renew Your Passport by Mail
- Form DS-5504 is for correcting data or changing a name on a passport issued less than one year ago. It is submitted by mail, and there is no application fee unless you request expedited processing.6U.S. Department of State. Change or Correct a Passport
The current forms use “sex” rather than “gender” and offer only M and F.
Documents You Need
You will need proof of U.S. citizenship, which is usually an original or certified copy of a U.S. birth certificate issued by the city, county, or state of birth and bearing the issuing authority’s seal. A Certificate of Naturalization, Certificate of Citizenship, or Consular Report of Birth Abroad also qualifies.7U.S. Department of State. Get Citizenship Evidence for a U.S. Passport The birth certificate now carries a second job: it is also how the Department typically confirms your biological sex at birth.
You will also need a valid government-issued photo ID and a passport photo that meets federal specifications, which are 2 inches by 2 inches, taken against a white or off-white background, and no more than six months old.8U.S. Department of State. Passport Photos
Fees and Processing Times
Passport fees for 2026 are:
- Adult passport book (DS-11): $130 application fee plus $35 acceptance facility fee
- Adult passport card (DS-11): $30 application fee plus $35 acceptance facility fee
- Both book and card together: $160 application fee plus $35 acceptance facility fee
- Expedited processing: $60 additional per application
The State Department accepts personal checks or money orders.9U.S. Department of State. Passport Fees Current processing runs four to six weeks for routine service and two to three weeks for expedited service.10U.S. Department of State. Processing Times for U.S. Passports
Consular Reports of Birth Abroad
The same rule applies to Consular Reports of Birth Abroad. CRBAs are now issued only with an M or F marker matching the child’s biological sex at birth, and the X option is no longer available.1U.S. Department of State. Sex Marker in Passports To amend an existing CRBA, you submit a notarized Form DS-5542 with the original CRBA, original or certified documents supporting the requested change, a photocopy of a valid photo ID, and a $50 fee payable by check or money order to the U.S. Department of State.11U.S. Department of State. How to Replace or Amend a Consular Report of Birth Abroad (CRBA)
Passports for Children Under 16
A child’s passport will reflect the child’s biological sex at birth under the same rule that applies to adults. Children under 16 must apply in person on Form DS-11, and both parents or guardians generally must appear and approve the application.12U.S. Department of State. Apply for a Child’s U.S. Passport Under 16
Other Federal Records
The passport rule sits inside a broader federal shift. On January 31, 2025, the Social Security Administration issued guidance prohibiting changes to the sex designation on Social Security records. Executive Order 14168 also directs the Office of Personnel Management to ensure federal employee personnel records reflect biological sex. For anyone who had previously updated markers across multiple federal documents, none of those records can currently be amended to a designation other than the one assigned at birth.
State-issued documents are a separate matter. Birth certificates and driver’s licenses are governed by state law, not by the federal executive order, and state policies on amending the sex field vary. Whether a state allows the change is a distinct legal question from the federal passport rule.