CHANGE OF IDENTITY DOCUMENTATION
One of the biggest challenges to people undergoing gender transition is the establishment of documentation that attests to the change. Trans persons are often subject to embarrassment, harassment or even worse consequences if their documentation does not match their gender presentation. Therefore, the change of documents is one of the first steps most trans people go through in their journey of transition.
Three official pieces of identification are viewed as crucial to most people going through transition. These are the Driver's License, the Social Security card, and the Passport. In addition, many transexuals seek to change their birth certificates.
DRIVER'S LICENSE
In most states, the Driver's License is the easiest to change. In Arizona, the Department of Motor Vehicles relies on its Policy and Procedure #400.15 (click to download), adopted 8-14-1995. The relevant procedure is numbered IV. A. 3., which states, "3. An explanation of name or sex change information is recorded. a. Two ID's are required for a name change or one certified documents. b. A doctor's letter is required to change sex and must state that the applicant is irrevocably committed to the sex change procedure."
Many other states have adopted similar procedures for change of sex on the Driver's License. The National Center for Transgender Equality has developed an interactive web page explaining the procedures in each of the 50 US states. This page may be viewed at http://nctequality.org/Resources/DL/DL_policies.html.
SOCIAL SECURITY CARD
Social Security documentation is more difficult to change and currently requires a doctor's attestation to GRS. To change your name in the Social Security Administration (SSA) records, provide the following at your local SSA office. All documents need to be originals or certified copies by the issuing agency.
- A completed Form SS-5 “Application For A Social Security Card.”
- Proof of identity. One or more identity documents in your new legal name, such as, a driver license, passport, state-issued ID, etc. These documents must show your current legal name.
- A letter from the surgeon or attending physician verifying sex change surgery has been completed. This letter must clearly identify you as the person changing their gender marker.
- If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship. Note: your birth certificate or other document establishing citizenship does not need to show your current name or gender. However, you will need to show proof that you are the same person, such as with a court order for legal name change.
- If you are a non-citizen, you will need to show documents proving your immigration status and work eligibility, such as, Form I-551, I-94 with unexpired foreign passport, and/or work permit card (I-766 or I-688B). Because there are many types and combinations of qualifying documents for non-citizens, you should call SSA to confirm that your documents qualify.
For further information, consult the National Center for Transgender Equality, www.transequality.org
PASSPORT
In June 2010, the State Department announced a new policy to issue passports that reflect a person’s current gender when either a previous passport or other personal documentation presented by an applicant reflects a different gender. Under the new policy, a transgender person can obtain a passport reflecting his or her current gender by submitting a certification from a physician confirming that he or she has had appropriate clinical treatment for gender transition. This policy replaces the Department’s old policy, which required documentation of sex reassignment surgery.
US STATES & CANADIAN PROVINCES:CHANGING NAME AND GENDER ON ID AND BIRTH CERTIFICATE
by Diane Steen
Fall 2005
SAGA can help you navigate the maze of Arizona government agencies and processes you need to know to update your ID, birth certificates, and other necessary documents when you transition. Our awesome volunteer Diane can help you with forms, court paperwork, and is even available to go with you to court to provide moral support. (Note that Diane is not an attorney or legal expert, but she’s helped several folks, including herself transition in Arizona. Info from Diane should not be considered legal advice, just helpful information.) If you'd like to contact Diane, please email her at dianeintuaz [at] hotmail.com.
Each state and province (as well as the City of New York) has its own rules and procedures for changing the name and sex marker on birth certificates. Jump to the specific information for your state (below) to view what rules may apply to you.
Alternatively, you can Download this document in PDF
format
The information given below was compiled from among a number of sources, including: drbecky.com, lambdalegal.org, SAGA legal issues research committee June 2002, and Transsexual Roadmap. There are also samples of a few state required forms at the end of this document.
If there is additional information, not contained herein that you feel is relevant, please contact SAGA and pass it on for inclusion.
SPECIAL NOTE: If you have your SRS surgery performed in a foreign country, be sure to get the letter from your surgeon and take it to the American Embassy, in that country, to get it notarized before you leave that country.
Rules for each of the individual states/provinces are given below: