1. Updating Names and Gender Markers on Federal Identity Documents

2. Introductions… Updating Names and Gender Markers on Federal
Identity Documents
Introductions…
Jade
Helpline Associate Transgender Law Center
Sasha
Staff Attorney
Transgender Law Center

3. Updating Names and Gender
Markers on Identity
Documents
Agenda
Introductions
What do I do right now? Federal & State Powers related to ID Documents
Federal Documents
Social Security
Passport
Consular Report of Birth Abroad
Immigration Documents
Questions

4. State Issued ID Documents
Updating Names and Gender
Markers on Identity
Documents
State Issued ID Documents
Court Ordered Name Change
Name & Gender Change on Birth Certificate
Name & Gender Change on Driver’s License/State ID
Sasha
Many of the steps you may want to take to change your legal name and gender are controlled by the state where you live, not the federal government.
The processes for obtaining a court-ordered name and gender change and updating name and gender on driver’s licenses, state IDs, and birth certificates are in the hands of individual states. Not all states allow for these changes.

5. State Issued ID Documents
Updating Names and Gender
Markers on Identity
Documents
State Issued ID Documents
Each state has its own documentation requirements for changing gender markers on birth certificates and driver’s licenses and for petitioning for court-ordered name changes.
To quickly check standards in your state, visit National Center for Transgender Equality’s ID Documents Center at
For folks in California, check out Transgender Law Center’s ID Please at
Sasha
Just a reminder…

6. What We Know… Federal ID Documents
Updating Names and Gender
Markers on Identity
Documents
What We Know…
Federal ID Documents
TLC & other trans advocates have fought hard to remove burdensome one-size-fits all surgery requirements to update the gender on federal documents….
Sasha
We’ve fought hard to make the process more accessible for larger numbers of people by removing burdensome requirements that used to make people looking to change their gender on these records prove they’d had “sex reassignment surgery.
U.S. Passport
USCIS – 2012
Social Security Administration

7. If you don’t already have a name change:
Updating Names and Gender
Markers on Identity
Documents
If you don’t already have a name change:
Apply for an updated gender marker only,
Apply for a court ordered name change
When the name change is granted, update federal documents with new name.
Sasha
If you would like to obtain a court ordered name change but haven’t yet
An option you have is to apply for new federal documents immediately with an updated gender only,
waiting until after your court date to update your name if you plan on doing this as well.
This protects you from any risk of losing access to the option of changing your gender on your federal documents.
The downside is that you may have to pay additional fees to replace your passport and other federal documents if you would like to change your name on them later.
You also may temporarily have to deal with having documents where your legal name and gender appear “mismatched.” But if you are only planning on legally changing your gender, or if avoiding the risk is most important to you, this may be a good option.
Important: You may want to hold off on updating gender only on state documents such as Birth Certificate & DMV since many states have special rules for updating gender or name & gender that trigger a special oppertunity to purge a persons record of their prior name/gender.
BUT: You may need to pay additional fees.

8. Federal Identity Documents
Updating Names and Gender
Markers on Identity
Documents
Federal Identity Documents

9. Updating Names and Gender Markers on Identity Documents
Social Security Administration
Changes to names and gender markers can be made in person at Social Security Administration (SSA) offices.
Although Social Security cards do not list gender markers, SSA does maintain gender markers in electric files which are queried for identity verification. Thus, transgender people can be outed if they do not update gender with SSA.
Sasha

10. Social Security Administration Name and/or Gender Change
Updating Names and Gender
Markers on Identity
Documents
Social Security Administration
Name and/or Gender Change
Form SS5 is the “Application for a Social Security Card.”
Blank forms are available for download online at:
The form should be filled out using your new name (And your current gender if you are also applying for a gender change)
Sasha
Name Change The following steps are required to amend your name with Social Security: 1. Complete an Application for a Social Security Card, Form SS-5 (when completing Form SS-5, list your new court-ordered name). 2. Show proof of your: o U.S. citizenship or immigration status (e.g., a birth certificate or passport. This document does not need to be in your current name/gender as long as you can document the change.) o Legal name change (e.g., a certified copy of your court order; the SSA may also accept proof of name change through marriage, adoption, divorce, or Certificate of Naturalization) o Identity (e.g., a driver’s license or other photo ID. This document does not need to be in your current name/gender as long as you can document the change.) 3. Take your completed application and documents to your local SSA office. 4. Provide additional documentation to verify identity, if necessary. (If the SSA cannot match your old name with your current identity, it may require you to show additional identification. If you experience difficulty because of this policy, please contact Transgender Law Center. Consult the SSA website if you would like further information.)

11. Social Security – Required Documentation
Updating Names and Gender
Markers on Identity
Documents
Social Security – Required Documentation
U.S. citizenship or immigration status (e.g., a birth certificate or passport. This document does not need to be in your current name/gender as long as you can document the change.)
Legal name change (e.g., a certified copy of your court order; the SSA may also accept proof of name change through marriage, adoption, divorce, or Certificate of Naturalization)
Proof of Identity (e.g., a driver’s license or other photo ID. This document does not need to be in your current name/gender as long as you can document the change.)
Sasha
The following steps are required to amend your name &/or Gender with Social Security: 1. Complete an Application for a Social Security Card, Form SS-5 (when completing Form SS-5, list your new court-ordered name). 2. Show proof of your: o U.S. citizenship or immigration status (e.g., a birth certificate or passport. This document does not need to be in your current name/gender as long as you can document the change.) o Legal name change (e.g., a certified copy of your court order; the SSA may also accept proof of name change through marriage, adoption, divorce, or Certificate of Naturalization) o Identity (e.g., a driver’s license or other photo ID. This document does not need to be in your current name/gender as long as you can document the change.)
o Gender Change 3. Take your completed application and documents to your local SSA office. 4. Provide additional documentation to verify identity, if necessary. (If the SSA cannot match your old name with your current identity, it may require you to show additional identification. If you experience difficulty because of this policy, please contact Transgender Law Center. Consult the SSA website if you would like further information.)

12. Social Security –Gender Change
Updating Names and Gender
Markers on Identity
Documents
Social Security –Gender Change
Gender Change: A person can update their gender with Social Security by presenting ANY of the following documents:
A court-ordered gender change;
A state issued amended birth certificate listing the correct gender.
An updated full validity U.S. Passport showing the new gender; or
A declaration from a physician stating you have had “appropriate clinical treatment” for gender change.
Sasha
Gender Change To change your gender on your Social Security records, the SSA requires you to fill out the Application for a Social Security Card (Form SS-5) and present one of the following documents: - A medical certification of “appropriate clinical treatment for gender transition” in the form of an original signed statement from a licensed physician, e.g., an M.D. or D.O. (a model physician’s statement is provided below);
- A state issued amended birth certificate listing the correct gender; - A full-validity 10-year passport with the new gender marker; - A state-issued birth certificate with the new gender maker; or

13. Model Physicians Declaration
Updating Names and Gender
Markers on Identity
Documents
Social Security – Name &/or Gender Change
Model Physicians Declaration
(Physician’s Address and Telephone Number)
I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated (or with whom I have a doctor/patient relationship and whose medical history I have reviewed and evaluated).
(Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify new gender, male or female).
I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.
Signature of Physician
Typed Name of Physician
Date
Sasha
Text from the model physicians declaration provided by the SSA. Available at:

14. U.S. Passport – Name &/or Gender Change
Updating Names and Gender
Markers on Identity
Documents
U.S. Passport – Name &/or Gender Change
Currently, a person can update their name and gender on their U.S. Passport.
A full validity passport is good for 10 years and may often be shown as proof of citizenship and identity instead of a birth certificate.
Jade
Now let’s move on to U.S. Passports….
A person is able to amend their name and gender on their U.S. Passport.
A regular “full validity” passport is good for 10 years.
A Passport may often be used as proof of citizenship and identity instead of a birth certificate.

15. DS-11 (“Application for a U.S. Passport”).
Updating Names and Gender
Markers on Identity
Documents
To change your name and/or gender on your U.S. Passport, you will use one of three forms:
DS-5504 (“Application for a U.S. Passport - Name Change, Data Correction, and Limited Passport Replacement”);
DS-82 (“U.S. Passport Renewal Application for Eligible Individuals”), or
DS-11 (“Application for a U.S. Passport”).
Jade
To amend the name and/or gender on your U.S. Passport, you must submit one of three forms.
I’ve listed these forms on this slide.
Which form to use depends on a few factors.

16. Form DS-5504 – http://www.state.gov/documents/organization/212249.pdf.
Updating Names and Gender
Markers on Identity
Documents
Form DS-5504 –
This form should only be used for updating a your name only on a previously issued, currently valid U.S. Passport within one year from the date of issue.
You may submit this application by mail and there is no accompanying fee for routine processing.
Jade
Form DS-5504 can ONLY be used to amend your name on your passport if
you had a obtained a Passport with in one year of the date of issue
There is no FEE for updating your name using this form and it can be submitted by mail.
It’s important to note that Form DS-5504 may not be used to change your gender marker.

17. Form DS-82 - http://www.state.gov/documents/organization/212241.pdf:
Updating Names and Gender
Markers on Identity
Documents
Form DS
You should use this form if your passport if you are only updating your name and it was issued more than one year ago.
You will have to submit a fee along with your application, but you can apply by mail.
Jade
The next form that can be used to amend your name on your U.S. Passport is Form DS-82.
This form should be used if you are updating your Name ONLY and your Passport was issued MORE than a year ago.
You must pay a fee to amend your name using this form and you can apply by mail.

18. Updating Names and Gender Markers on Identity Documents
Form DS-11 The DS-11 application is the basic application for a U.S. Passport and it must be used if any of the following are true:
You have never been issued a U.S. Passport;
You are under age 16;
You were under age 16 when your previous passport was issued;
Your most recent U.S. Passport was issued more than 15 years ago;
Your most recent U.S. Passport was lost or stolen;
You are requesting a gender marker change; or
Your name has changed since your previous U.S. Passport was issued but you are unable to legally document your name change.
Jade
And finally Form DS-11.
This is the ONLY form that you can use to update your gender on your U.S. Passport.
It is also the form that a person must use if they have never had a passport, regardless of if they are updating their name or gender.

19. Form DS-11: The DS-11 application must be submitted in person.
Updating Names and Gender
Markers on Identity
Documents
Form DS-11:
The DS-11 application must be submitted in person.
You can fill out the DS-11 online, but you must then download it and submit it in person with a fee. It is available at
A list of places where you can submit the DS-11 is available at:
Jade
The DS-11 form must be submitted in person.
I’ve included a link to both the document and a list of locations where a person can submit their application.

20. Checklist for Changing Your Name and Gender on a U.S. Passport
Updating Names and Gender
Markers on Identity
Documents
Checklist for Changing Your Name and Gender on a U.S. Passport
Form DS-11
A certified copy of a court ordered name change
Two 2x2 inch photographs of yourself
Proof of U.S. citizenship, such as a previous passport or a birth certificate
A valid form of government-issued photo identification such as a previous passport or driver’s license
A letter from your attending medical physician on office letterhead that states that you have had “appropriate clinical treatment for gender transition.”
Fees
Jade
On this slide you will see a list of all of the items needed to update the name and gender on your U.S. Passport.

21. Checklist for Changing Your Name ONLY on a U.S. Passport
Updating Names and Gender
Markers on Identity
Documents
Checklist for Changing Your Name ONLY on a U.S. Passport
Form DS-5504, DS-82, or DS-11
A certified copy of a court ordered name change
Two 2x2 inch photographs of yourself (if submitting DS-82 or DS-11)
Proof of U.S. citizenship, such as a previous passport or a birth certificate
A valid form of government-issued photo identification such as a previous passport or driver’s license
Fees (if submitting DS-82 or DS-11)
Jade
On this slide you will see a list of all of the items needed to update the Name ONLY on your U.S. Passport.

22. Checklist for Changing Your Gender ONLY on a U.S. Passport
Updating Names and Gender
Markers on Identity
Documents
Checklist for Changing Your Gender ONLY on a U.S. Passport
Form DS-11
Two 2x2 inch photographs of yourself
Proof of U.S. citizenship, such as a previous passport or a birth certificate
A valid form of government-issued photo identification such as a previous passport or driver’s license
A letter from your attending medical physician on office letterhead that states that you have had “appropriate clinical treatment for gender transition.” A model declaration is included below.
Fees
Jade
On this slide you will see a list of all of the items needed to update the gender ONLY on your U.S. Passport.

23. U.S. Passport – Name &/or Gender Change
Updating Names and Gender
Markers on Identity
Documents
U.S. Passport – Name &/or Gender Change
A list of current passport fees is available at:
The U.S. Department of State allows you to use a photo that represents the way you look, regardless of whether the photo stereotypically corresponds to the gender marker on your passport.
Jade
You can look up the current Passport application fees on the link provided within this slide.
The U.S. Department of State allows you to use a photo that represents the way you look, regardless of whether the photo stereotypically corresponds to the gender marker on your passport.

24. Updating Name & Gender on U.S. Immigration Documents
Updating Names and Gender
Markers on Identity
Documents
Updating Name & Gender on U.S. Immigration Documents
It is also possible for a person to amend their immigration documents, such as employment authorization card, permeant residency card, and U.S. naturalization certificate, to reflect their accurate name and gender.
Jade
Finally, let’s talk about U.S. Immigration documents.
A person is able to update their immigration documents, such as employment authorization card, permeant residency card (also known as a green card), and naturalization certificate, to reflect their accurate name and gender.
It is generally a good idea to consult an immigration attorney prior to starting any application process.

25. Model Physician’s Letter for Documents Issued by USCIS
Updating Names and Gender
Markers on Identity
Documents
Model Physician’s Letter for Documents Issued by USCIS
Identical to the model letter provided for the SSA/Passport, but must include the DEA (Drug Enforcement Administration) registration number or a comparable foreign designation number and issuing state/country of medical license.
It should also be on office letterhead, and must follow the given language exactly
Jade
To amend ones gender on any immigration document, you must submit either a court ordered gender change (which can only be obtained in some states) OR a Physicians declaration/letter stating that they have undergone “Appropriate Clinical Treatment” to change your gender.
This physicians declaration is nearly identical to the model letter we provided for the SSA/Passport, but also must include the DEA (also known as Drug Enforcement Administration) registration number (or comparable registration number from another country) and issuing state/country of medical license.

26. Name & Gender Changes with USCIS: Employment Authorization Card
Updating Names and Gender
Markers on Identity
Documents
Name & Gender Changes with USCIS: Employment Authorization Card
Employment authorization card, you will need to submit Form I-765;
A Physician's Declaration
It is generally a good idea to consult an immigration attorney prior to starting any application process.
Jade
For a person to amend their Employment Authorization Card, they must use Form I We’ve provided a link that includes the form and instructions.

27. Name & Gender Changes with USCIS: Permanent Resident Card
Updating Names and Gender
Markers on Identity
Documents
Name & Gender Changes with USCIS: Permanent Resident Card
Permanent resident card, you will need to submit Form I-90;
Found at with instructions
Jade
For a person to amend their Permanent Resident Card, they must use Form I-90. The link on this slide includes the form and instructions. On the form under the “Reason for application”, a person must check box 2E – “My name or other biographical information has been legally changed since my last permanent resident card was issued.”
On the form under the “Reason for application”, 2E – My name or other biographical information has been legally changed since my last permanent resident card was issued.

28. Name & Gender Changes with USCIS: Naturalization Certificate
Updating Names and Gender
Markers on Identity
Documents
Name & Gender Changes with USCIS: Naturalization Certificate
Naturalization certificate, you will need to submit Form N-565;
Found at with instructions
Part 2 Question 2 asks for the reason for issuing a new certificate. Mark either or both D for name change and F for gender change and follow instructions.
Jade
Finally, to update the name and gender on a U.S. Naturalization Certificate, a person will use Form N We have included the link to this document in the slide.
On the form, under Part 2, Question 2, they should mark either or both D for name change and F for gender change and follow instructions.

29. Questions?