If you are transgender and applying for or renewing a U.S. passport in 2026, the State Department will issue your passport with an M or F sex marker matching your sex assigned at birth. The X marker is no longer offered, and self-selecting a marker that differs from birth records is no longer permitted. Name changes still go through normally, and any passport already issued with an X marker stays valid until it expires. The rule sits under active court challenge, but it is the rule being enforced right now.
What the Current Sex Marker Rule Says
Executive Order 14168, signed January 20, 2025, defines “sex” as a person’s biological classification at birth and directs the State Department to issue passports on that basis. The department stopped processing sex marker changes and removed the X option from applications entirely.1Federal Register. Executive Order 14168 – Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government Only M or F is available, and the department decides which to assign based on your supporting documents and its records from any previous passports.2U.S. Department of State. Sex Marker in Passports
This reverses the policy that ran from April 2022 through January 2025, when applicants could self-select M, F, or X without medical documentation.3United States Department of State. X Gender Marker Available on U.S. Passports Starting April 11 If your birth documentation does not list a sex, the State Department will ask for additional records to establish one for the passport.
If You Already Have a Passport With an X Marker
An X-marker passport already in your possession stays valid for travel until it expires, is replaced, or is invalidated.2U.S. Department of State. Sex Marker in Passports You are not required to replace it early. Any renewal, replacement of a lost or damaged book, or change request will produce a new passport with the M or F marker matching your sex at birth.
If your current passport was issued less than a year ago and you want to voluntarily replace it, you can use Form DS-5504. You will not pay a passport fee unless you request $60 expedited service, though a new photo is required if the passport is more than six months old. If it was issued more than a year ago, renewal goes through Form DS-82 with standard fees.2U.S. Department of State. Sex Marker in Passports
Whether to keep using an X-marker passport or replace it now is a practical judgment. It is still legally valid, so there is no rush. But some foreign immigration systems cannot process an X marker, which can cause problems at the border. If you travel internationally often, that risk is worth weighing.
Name Changes Still Go Through
Court-ordered name changes are still processed on federal documents, including passports. A legal name change decree will get you a passport in your new name. Bear in mind that submitting any application at all triggers the current sex marker rule, so the new passport will carry an M or F reflecting your sex at birth even if your prior book showed something different.
To document the name change, submit a certified court order, marriage certificate, or divorce decree that shows both your former and current legal names.4U.S. Department of State. Application for a U.S. Passport – Form DS-5504 It must be an original or a certified copy from the issuing court or agency. Photocopies and notarized copies are not accepted. If the name change is by court order and your most recent passport is less than a year old, you can file it through Form DS-5504 without paying the full application fee.
Where the Legal Challenge Stands
Orr v. Trump, filed in February 2025 in the U.S. District Court for the District of Massachusetts, challenges the passport policy on behalf of seven transgender and nonbinary plaintiffs. In June 2025 the district court issued a preliminary injunction blocking enforcement against a certified class of affected applicants. The First Circuit declined to stay the injunction, but on November 6, 2025 the Supreme Court stayed the district court’s order while the appeal continues.5Supreme Court of the United States. Trump v. Orr – 25A319 The practical effect is that the restrictive policy is in force nationwide while the case moves through the appellate courts. That could change if the First Circuit rules against the government and the Supreme Court takes up the case, but for now the State Department is enforcing EO 14168 as written.
Forms, Documents, and Fees
Which form you file depends on your situation.
- Form DS-11 is for first-time applicants, anyone whose last passport was issued before age 16, anyone whose passport expired more than 15 years ago, and anyone whose passport was lost, stolen, or damaged.6USAGov. Renew an Adult Passport
- Form DS-82 is for renewal by mail when your most recent passport was issued in the last 15 years, after your 16th birthday, and is undamaged and in your possession.
- Form DS-5504 is for corrections or name changes on a passport issued less than a year ago.
Every applicant needs proof of U.S. citizenship (birth certificate or naturalization certificate), a valid government-issued photo ID such as a driver’s license, and two identical color photos taken in the last six months. Photos must be 2 by 2 inches, on a white or off-white background, with a neutral expression, both eyes open, and mouth closed. Eyeglasses are off unless you carry a signed doctor’s note explaining a medical reason.7U.S. Department of State. U.S. Passport Photos
A note on the application itself: making a false statement is a federal felony. A standard first or second offense unconnected to terrorism or drug trafficking carries up to 10 years in prison; offenses tied to international terrorism carry up to 25.8Office of the Law Revision Counsel. 18 U.S. Code 1542 – False Statement in Application and Use of Passport This applies to everything on the form, not just the sex field.
Fees for an adult passport book:
- First-time applicant (DS-11): $130 application fee plus $35 execution fee paid to the acceptance facility, totaling $165.9U.S. Department of State. Passport Fees
- Renewal by mail (DS-82): $130 application fee, no execution fee.
- Expedited processing: $60 added to any application.10U.S. Department of State. United States Passport Fees for Acceptance Facilities
DS-11 applications are submitted in person at an acceptance facility, usually a post office, library, or county clerk’s office. Do not sign the form until you are with the acceptance agent. DS-82 renewals go through the mail. The application fee is paid to the U.S. Department of State and the execution fee to the acceptance facility; two separate checks or money orders is the safest approach. Routine processing is running four to six weeks and expedited two to three weeks as of 2026, though those windows fluctuate with demand.11U.S. Department of State. Processing Times for U.S. Passports
TSA Screening at U.S. Airports
At the checkpoint, document checkers verify that the name on your ID matches your boarding pass. Your gender presentation does not need to match the marker on your ID or the photo, and officers should not comment on any perceived mismatch.
Body scanners are where most friction occurs. The software flags body contours it considers unusual for a person’s gender, and binders, prosthetics, or binding garments can trigger an alert. A flag typically leads to a limited pat-down of the flagged area, though a full pat-down is possible. Pat-downs must be performed by an officer matching your gender presentation, not the marker on your ID; if officers are unsure, they should ask you discreetly. You are never required to remove or reveal a prosthetic, binder, or breast form. You can opt out of the scanner entirely at any checkpoint, but doing so means a full pat-down every time. TSA PreCheck sends you through a standard metal detector instead of the body scanner, which sidesteps most of these issues.
Traveling Abroad
More than 60 countries criminalize consensual same-sex relations, and penalties in some jurisdictions are severe. Many do not recognize same-sex marriage, and laws targeting gender identity vary widely. Even countries without explicit anti-transgender laws may lack legal protections against discrimination or harassment. The State Department’s country-specific travel guidance pages carry a “Local Laws and Customs” section flagging risks for travelers who may face discrimination based on sexual orientation or gender identity.12U.S. Department of State. Gay and Lesbian Travelers
If your valid U.S. passport still carries an X marker, check the destination country’s immigration regulations before you go. Many foreign immigration systems cannot process an X marker in their databases.
While abroad, be cautious about law enforcement entrapment. Police in some countries monitor dating apps, create fake profiles, or raid gathering places. The State Department warns travelers to be wary of new acquaintances who may attempt extortion based on real or perceived sexual orientation or gender identity. If you run into problems, the nearest U.S. embassy or consulate can help; consular officers are trained to assist without judgment and to protect your privacy.12U.S. Department of State. Gay and Lesbian Travelers
Keeping Social Security Records Consistent
Your Social Security card does not print a sex or gender marker, but the SSA holds one in your internal record, and that marker can surface in credit reports, background checks, and federal student aid records. Gender marker changes on Social Security records are also suspended as of 2026, under the same executive order that changed the passport policy.
Name changes on Social Security records still go through. Bring original or certified copies of your legal name change document such as a court order or marriage certificate, along with proof of identity and proof of U.S. citizenship. Photocopies and notarized copies are not accepted. Acceptable identity documents include a driver’s license, state ID card, or U.S. passport; for citizenship, a birth certificate, U.S. passport, or naturalization certificate. The SSA may want to see identity documents in both your old and new names, and expired documents in your old name are acceptable for that purpose.13Social Security Administration. U.S. Citizen – Adult Name Change on Social Security Card Updating the SSA record before your passport application is not required, but keeping the two consistent avoids trouble with employers, banks, and agencies that cross-reference them.