How To Update Your Gender Marker

Authored By: Lagniappe Law Lab
Read this in: Spanish / Español

About

About Updating Your Gender Marker

Updating your gender marker on legal documents is your personal choice and may involve different steps for various documents. Each document, such as your driver's license, birth certificate, passport, and Social Security card, involves different processes, each with specific requirements. 

Click on each tab to learn more about the process for each document.

Driver's License

About Updating Your Gender Marker on Your Louisiana Driver's License

The Louisiana Office of Motor Vehicles (OMV) allows gender marker changes on your driver's license or state ID. 

Follow the steps to update your gender marker on your Louisiana driver's license below. 

Steps for Updating Gender Marker on a Louisiana State ID or Driver's License

You will need a gender marker court order or a letter from a licensed physician certifying that you have undergone appropriate clinical treatment for gender transition. The Louisiana OMV typically requires this documentation to update the gender marker. 

Take your court order or your physician's letter to your local Louisiana OMV office

Make sure you also bring your current Louisiana state ID and any other required identification documents such as your birth certificate, Social Security card, or proof of residency. 

At the OMV, you may be required to complete an application to update your state ID. The OMV staff will help process your request to change your gender marker. 

There may be a fee associated with updating your state ID. The exact fee can vary, so check with the local OMV office for the current amount. 

After the documentation is processed, you will receive your updated Louisiana state ID with your new gender marker. 

Birth Certificate

About Updating Your Gender Marker on Your Louisiana Birth Certificate

In Louisiana, you can change the gender marker on your birth certificate with a court order

Follow the steps below to get a court order and update your gender marker on your Louisiana birth certificate. 

Steps for Updating Your Gender Marker on Your Louisiana Birth Certificate

You need to file a petition in a Louisiana state court requesting a change in your gender marker. The process is typically handled in the civil district court of the parish where you live or where you were born. For incarcerated individuals, there is no specific language regarding where they must file, thus they may file in the parish of their residence or their birth. 

Petitions seeking gender marker correction are filed against the Louisiana State Registrar of Vital Records. You are allowed to seek both a name correction and gender marker correction at the same time in the same pleading. If you also are getting a name change, then name the District Attorney as a defendant as well. 

Costs: Court fees vary by parish, and there will be additional fees will be for amending the birth certificate through Vital Records. The costs of filing the initial petition, motion to set for trial, and requisite exhibits to gain judgment can be upwards of $1,000 in some jurisdictions. You may qualify to proceed in forma pauperis and you may be able to submit the petition in support of your request to proceed without the burden of costs. For more information, see Asking the Court For A Fee Delayer Application - In Forma Pauperis (IFP).

For more information and to see the complete process of getting a gender marker court order, see How to Get a Gender Marker Court Order

Make sure you get multiple certified copies of the final judgment. After getting the court order, submit it to the Louisiana Department of Health (Vital Records Office) along with a request to amend your birth certificate within ten days of getting your final judgment. The application to Vital Records must include certified copies of the original Petition and final judgment. Those copies will not be returned but will be maintained in a sealed envelope attached to their original birth record at Vital Records

You will also need to pay the applicable fee to amend the birth certificate.

Each application is assigned a case manager and a case number with Vital Records. You may need to follow up with the case manager for regular progress updates if the application is pending with Vital Records. You can use the gender marker judgment to update other important records if you're still waiting. 

Once the Vital Records Office processes the court order and updates the gender marker, they will issue you a new birth certificate reflecting the change. 

What if I got a gender marker correction in another state and I want to use it to update my Louisiana birth record?

It's common for someone to change their name or gender marker in another state and then want to update their Louisiana birth record. While Louisiana recognizes judgments from other states, the Fifth Circuit Court of Appeals has said that this doesn't automatically mean the judgment can be enforced in Louisiana. 

To make it enforceable, you have to ask a Louisiana judge to approve and enforce the judgment. This process allows the Louisiana court to officially accept the decision made by the other state, making it valid in Louisiana. 

Passport

Policy Update Notice - Significant Changes in the Processing of Applications Related to Gender Marker Changes

The State Department has suspended all applications for passport gender changes in response to President Trump's executive order restricting transgender rights

All applications for gender marker change are on hold while the State Department changes this policy. 

Anyone who now submits an application for a change runs the risk of losing access to their passport and documents while their application is being processed. 

The Trump administration said the executive order would not apply retroactively to current passports meaning current passports, including those with X gender markers, remain valid. It is unclear how they intend to enforce the policy for transgender people renewing passports.

About Updating Your Gender Marker On Your Passport

The U.S. Department of State issues passports and the process to update your gender marker on your passport is governed by federal law. 

You do not a physician's letter or a gender marker court order to update your U.S. passport. 

Follow the steps below to update your gender marker on your U.S. passport. 

 

Steps to Updating Your Gender Marker On Your Passport

First-Time Applicants or Passport Renewal: You will need to complete Form DS-11 if you’re applying for a passport for the first time or if your passport was issued over 15 years ago.

Replacing a Passport: If you already have a valid passport, and it is less than 15 years old, you will use Form DS-82.

Use the Form Filler to fill out your form online and print it. If you're having technical issues with the Form Filler, download a PDF version of your form. 

You'll need one of the following: 

  • Original or certified birth certificate 
  • Certificate of naturalization or citizenship
  • Previously issued U.S. passport

 

Provide a valid form of government-issued identification (e.g., driver's license, previous passport) and a photocopy of the front and back. 

As of April 11, 2022, the Department of State allows applicants to self-select their gender marker without requiring medical documentation. You can choose M (male), F (female), or X (unspecified or another gender identity) on the application.

Provide a recent, color passport photo that meets all the U.S. passport photo requirements. For more information, see Passport Photos

Fees will depend on whether you’re applying for a new passport, renewing, or replacing one. You can check the most up-to-date fee structure on the U.S. Department of State website.

In Person: If you are applying for a passport for the first time or if your previous passport was issued more than 15 years ago, you must apply in person at a passport acceptance facility. Follow the steps to apply in person. To apply in person make an appointment. For more information, see Make an Appointment at a Passport Agency

By Mail: If you are renewing your passport and your previous passport is less than 15 years old, you can submit the form by mail.

You cannot renew online if you are updating your gender maker. 

After submission, the U.S. Department of State has typical processing times that can vary based on demand. There are two main options:

Routine Processing: This usually takes 8 to 11 weeks from the time they receive your application.

Expedited Processing: If you need your passport faster, you can opt for expedited service for an additional fee. Expedited processing generally takes 5 to 7 weeks.

You can check the current processing times as they may fluctuate due to demand or other factors.

Track Your Application

You can track your passport application online once it has been submitted. Here’s how:

Go to the Online Passport Status System and enter your details (your last name, date of birth, and the last four digits of your Social Security number).

Tracking typically becomes available 5-7 days after the passport agency receives your application.

Receiving Your Passport and Supporting Documents

Your New Passport: When your new passport is ready, it will be mailed to the address you provided on your application.

Supporting Documents: If you submit original documents like your birth certificate or naturalization certificate, they will be mailed back separately. You may receive your supporting documents before or after you receive your new passport.

Social Security Card

About Updating Your Gender Marker On Your Social Security Card

The Social Security Administration (SSA) allows you to update your gender marker in their records without surgery. 

You will need: 

  • A physician's letter, a court order indicating your gender transition, a U.S. passport showing the correct gender, or a state-issued birth certificate showing the correct gender. 

This update does not change the gender marker on your actual Social Security Card (which does not show gender), but it updates the gender on file with the SSA

Follow the steps below to update your gender marker on your U.S. passport. 

 

Steps to Updating Your Gender Marker On Your Social Security Card

Gather the following documents: 

  • Proof of identity: U.S. driver's license, state-issued non-driver ID card, or U.S. passport.
  • Proof of gender changeOne of the following documents:
    • A U.S. passport showing the correct gender.
    • A state-issued birth certificate showing the correct gender.
    • A court order recognizing the gender change. For more information, see How to Get a Gender Marker Court Order
    • A signed letter from a licensed physician confirming the appropriate clinical treatment for gender transition. For more information, see Physician's Certification Letter. 

Learn more about what documents you will need to get a Social Security Card

Mail or take the completed application and original documents to your local Social Security Office

Last Review and Update: Oct 09, 2024
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