How To Update Your Gender Marker

Authored By: Lagniappe Law Lab
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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.

Accessing Legal Help

Contact one of Louisiana's state LGBTQ+ Equality Groups for connections to attorneys: 

You can also try contacting Lambda Legal's Help Desk for additional information about your situation. The help desk does not provide legal services, but it usually has helpful information, can assist you in understanding information you find online, and might have contact information for lawyers in your area with expertise relevant to your needs. 

If you are in crisis, here are some crisis resources that may be able to help:

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

Updating Gender Marker on U.S. Passports

You can update the gender marker on your U.S. passport, but the rules changed in 2025. The State Department now only issues passports with an “M” or “F,” and it must match the sex listed on your original birth records. Gender marker changes to reflect a person’s gender identity are no longer allowed.

If you apply with a different marker or request an “X,” your application may be delayed, and you may be asked for more information.

Renewals, or reissuance (to replace a lost or damaged passport), of passports revert to the sex assigned at birth, regardless of a history of prior markers aligned with gender identity.

Your passport will ultimately be issued with the marker that matches your sex at birth.

For more information about updating the gender marker on your U.S. passport, see How to Update Your U.S. Passport and Sex Marker in Passports

Social Security Card

About Updating Your Gender Marker On Your Social Security Card

You can no longer update the gender marker on file with Social Security. Even if you have a court order or a letter from a doctor, the Social Security Administration (SSA) will not change the sex listed in your record. Your Social Security card does not show your gender, but SSA still keeps this information in its system and uses it for identity checks and statistics.

If you fill out the SS-5 form for a new or replacement Social Security card, the sex you list has to match what SSA already has in your record. If you were able to update your gender marker with SSA before this policy change, that update will stay in place for now. However, SSA has said they may reverse past changes in the future.

For more information, see Updating Your Social Security Information

Last Review and Update: Oct 09, 2024
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