Correct Your Gender Markers

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Legal Disclaimer

The information contained herein is meant to give general information to the public, it is not meant to provide specific legal advice. This is for educational purposes only. It is provided as-is with no warranty, express or implied, regarding the accuracy. It was accurate at the time of writing, but statutes and regulations change and it is your responsibility to comply with them in order to properly change your name.  If you have specific questions or concerns, please speak with a licensed attorney.

Use of this website does not, in itself, constitute an attorney-client relationship with The Colorado Name Change Project or any of the participating attorneys.[/vc_column_text][/vc_column][vc_column][vc_column_text]The process for correcting your gender marker on your legal documents is relatively simple, but there are different processes for different agencies. Each agency uses different forms and have different requirements.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column el_id=”agencyguidelines”][vc_column_text]

Federal Agencies

[/vc_column_text][vc_tta_accordion active_section=”1″ collapsible_all=”true”][vc_tta_section title=”Social Security Administration (do this one first)” tab_id=”1565497609641-dad7212f-b351″][vc_column_text]Most offices are accepting walk-ins, but it is advised that you call your local office to make an appointment. If you prefer, they are also still accepting documents by mail.

WHAT YOU NEED:  Certified copy of your Name Change Decree, filled-out SS-5, and valid form of state or federally-issued I.D. If you are mailing in, we recommend also printing out and including a copy of RM 10212.085, and circle or highlight section “D”.

Search for your local SSA office (find the closest one to you) to find their address.  The form you must use is SS-5. Detailed instructions are included as part of this form.

SSA is NO LONGER requiring documentation evidence (such as a doctor/physician letter) for gender marker corrections! They are still only offering M and F markers at this time, but changes are possibly slated to start mid-late 2023.

*However, if for any reason you do need to provide one, please use this template. Your physician does not need to give, nor should there be, any additional personal health information not included in the sample letter.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Passport” tab_id=”1565498733793-1200ac62-bd12″][vc_column_text]Updating Your Gender Marker on an Existing Valid Passport or Getting a Passport for the First Time

As of April 11, 2022, X gender markers are available! The options on non-expedited general passports are now M, F, or X for Passport Books. (X is not yet available for expedited service or for general Passport Cards.)

The State Department does not require a physician’s letter to accompany your request to update your gender marker.

If you are applying to change your gender marker, submitting a passport application for the first time, or applying for a passport when your old passport has expired, you must apply in-person so that your signature is witnessed.

NEW, FIRST-TIME PASSPORTS FOR ANYONE -AND- ALL PASSPORTS FOR UNDER 16 YRS OLD
If you are applying for a Passport for the first time, or if you are under 16 years old (even if you have a current one), you will need to complete and submit:

  • NEW Application for U.S. Passport (Form DS-11);
  • Proof of U.S. Citizenship (such as a previous U.S. Passport, certified Birth Certificate, Certificate of Naturalization, or Report of Birth Abroad);
  • Proof of Identity that contains your signature and photograph that is “a good likeness to you” (such as a previous U.S. Passport, a Driver’s License, a Certificate of Naturalization, Military Identification, or a Government Employee Identification Card);
  • Two recent color photographs, 2×2 inches in size (these can be obtained at Walgreens, CVS, etc); and
  • Fee (See the Department of State fee schedule for costs: http://travel.state.gov/content/passports/english/passports/information/fees.html). 

RENEWAL OF A CURRENT, FULL-VALIDITY PASSPORT (16 yrs of age and older)

If you are age 16 or older and currently have a active full-validity (e.g. 10 year) Passport and just need to change your name and/or gender marker, you will need to complete and submit:

RENEWAL OF A LIMITED-VALIDITY OR AN EXPIRED PASSPORT (16 yrs of age and older)

If you are age 16 or older and currently have an active limited-validity Passport, or have an expired Passport of any type and need to renew and change your name and/or gender marker, you will need to complete and submit:

  • Renewal Application for U.S. Passport (Form DS-5504);
  • Certified copy of your Name Change Decree; and
  • Two recent color photographs, 2×2 inches in size (these can be obtained at Walgreens, CVS, etc);
  • Fee (See the Department of State fee schedule for costs: http://travel.state.gov/content/passports/english/passports/information/fees.html). 
  • **PLEASE NOTE if your expired Passport is over 15 years from the date it was issued, you will need to use the NEW application form, DS-11.**

Take these documents and fees in person to any Passport Acceptance Facility. To find the acceptance facility closest to you, visit the State Department’s website, Passport Acceptance Facility Search Page, at http://iafdb.travel.state.gov or call the National Passport Information Center at 1-877-487-2778.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Veterans Affairs” tab_id=”1565499157185-32f96e37-4b54″][vc_column_text]Unfortunately, VA systems don’t necessarily talk to each other so you’ll need to update your name & gender via separate mechanisms.

Medical (VHA)

The Eastern Colorado Health Care System uses their ECHCS Letterhead Identity Trait Change Request form to request updates to name & gender.

Gender: Along with the written amendment request for a gender change, the individual must provide the following un-expired, official supporting documents from the list below:

  1. One form of Primary Identification and one form of Secondary Identification;OR
  2. Two forms of Primary Identification, if at least one identifies the current gender

Other Benefits (VBA, GI Bill, etc)

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Military Records” tab_id=”1565499947317-3ed6dfbe-865a”][vc_column_text]Veterans:

  • Service Records (IPPS-A, MCTFS, etc) – Each service has its own method of updating gender in their personnel systems. We are in the process of compiling data for each service.  Please know that this information may change at any time, without notice.
  • DD-214 military discharge documents – DD-214s do not have gender listed on them.

Retirees:

Active-Duty/Reserves:  Information is currently being compiled and will be made available as soon as possible.

DEERS:  In order to change your gender in DEERS, the DEERS/RAPIDS Service Project Office for your military department must submit a request to Defense Human Resources Activity (DHRA) for review and implementation. A gender (or name) change in DEERS will not affect the eligibility of any of your existing dependents for military benefits.

What Documents Should a Gender Correction Request Include?

The Service Project Office of your military department should submit scans of the below documentation for DHRA review, with the subject line “DEERS Record Change Request ICO First Name, Last Name”.

Two forms of identification that are listed as acceptable on the federal Form I-9, one of which is a government-issued picture ID. Passports, driver’s licenses and Social Security cards are recommended, but the Department of Defense will accept all documents on page 9 of the I-9 list, available at http://www.uscis.gov/sites/default/files/files/form/i-9.pdf.

  • For your gender marker correction, a signed statement, on office letterhead, from a licensed physician. The statement must include the following information:
    • Physician’s full name;
    • Medical license or certificate number;
    • Issuing state or other jurisdiction of medical license/certificate;
    • DEA registration number assigned to the physician;
    • Address and telephone number of the physician;
    • Language stating that the physician is your physician and has a doctor/patient relationship with you;
    • Language stating you have had the appropriate clinical treatment for gender transition to male/female; and,
    • Language stating “I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.”

How will I know that my DEERS record has been updated?

DHRA will confirm with the Service Project Office when the record has been updated. The Project Office must then follow existing Service procedures to send an update to Defense Finance and Accounting Service (DFAS), or the Service equivalent pay office, to allow DFAS, or the Service equivalent pay office, to update its system with the corrected gender.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Immigration Records” tab_id=”1566403645229-773ae5a8-676b”][vc_column_text]**We HIGHLY recommend consulting with an immigration attorney to assist you with updating your immigration documents.**

Generally speaking, you will need the following to update the name and/or gender marker on any immigration document:

  • If changing your name, a court order for name change or other proof of legal name change.
  • If correcting your gender, a driver’s license, birth certificate, passport, court order, or other official government-issued document reflecting the requested gender designation OR a letter from a licensed medical doctor certifying the change in gender (the same letter used for SSA).

See below for what you need to submit for each type of immigration document.[/vc_column_text][vc_toggle title=”Employment Authorization Card”]To change the name and/or gender marker on an Employment Authorization Card, you must submit:

  • Form I-765, Application for Employment Authorization (http://www.uscis.gov/i-765)
  • Filing fee of $495 (subject to change) or a Fee Waiver
  • Two passport-style photographs
  • Supporting documentation
    • If changing name, a court order for name change or other proof of legal name change.
    • If changing gender, a birth certificate, passport, driver’s license, court order, or other official government-issued documentation recognizing the new gender, OR a letter from a licensed health care provider certifying the change in gender, as shown in the sample letter.

[/vc_toggle][vc_toggle title=”Permanent Resident Card”]To change the name and/or gender marker on a Permanent Resident Card, you must submit:

  • Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/i-90)
  • Filing fee of $465 (subject to change) or a Fee Waiver
  • Supporting documentation
    • If changing name, a court order for name change or other proof of legal name change.
    • If changing gender, a birth certificate, passport, driver’s license, court order, or other official government-issued documentation recognizing the new gender, OR a letter from a licensed health care provider certifiying the gender change, as shown in the sample letter.

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  • Form N-565, Application for Replacement Naturalization/Citizenship Document (http://www.uscis.gov/n-565)
  • Filing fee of $555 (subject to change) or a Fee Waiver
  • Two passport-style photographs
  • Supporting documentation
    • If changing name, a court order for name change or other proof of legal name change.
    • If changing gender, a birth certificate, passport, driver’s license, court order, or other official government-issued document recognizing the new gender, OR a letter from a licensed health care provider certifying the change in gender, as shown in the sample letter.

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Additional Resources

[/vc_column_text][/vc_tta_section][vc_tta_section title=”Consular Record of Birth Abroad” tab_id=”1566404841274-6f8442e0-ba93″][vc_column_text]A Consular Record of Birth Abroad (CRBA) is the equivalent of a birth certificate for American citizens born abroad. The policy for passports also applies for updating a CRBA.

To Amend a Consular Report of Birth Abroad, You Must Submit:

  1. A notarized written (or typed) request detailing the amendment or correction needed;
  2. Certified copies of documents justifying the amendment requested, in this case: a) court ordered name change, if applicable, and b) original letter from physician on letterhead (see template letter for passports above);
  3. An original or replacement consular report of birth abroad: any birth record issued from the Department of State such as an FS-240 (for birth after January 3, 2011), replacement FS-240,  Certification of Report of Birth DS-1350 (for birth Nov 1, 1990 – Jan 2, 2011) or Certification of Birth Abroad FS-545 (for birth prior to November 1, 1990); or a notarized affidavit stating the whereabouts of the original or any replacement FS-240, DS-1350, FS-545 issued from the Department of State;
  4. A copy of requester’s valid identification;
  5. A $50.00 check or money order made payable to “Department of State”. The Department will assume no responsibility for cash lost in the mail.

Mail to:

Department of State
Passport Vital Records Section
44132 Mercure Cir.
PO Box 1213
Sterling, VA 20166-1213

To check the status of your FS-240 request, call 202-485-8300. You can find information about amendments on the State Department website.[/vc_column_text][/vc_tta_section][vc_tta_section title=”Selective Service” tab_id=”1566404973719-e8ed7ab2-98c8″][vc_column_text]American citizens and resident aliens aged eighteen through twenty-five who were assigned male at birth are required to register with the Selective Service System. This registration is used to keep an updated database of potential service members in case a draft were to be reintroduced. As it stands, all citizens whose birth assigned sex was male must register within thirty days of their eighteenth birthday. Failure to do so is punishable by up to five years in prison and $250,000 in fines, though individuals have rarely been prosecuted. Applications for federal financial aid for higher education, federal employment, United States citizenship and other government benefits have been made contingent upon Selective Service registration in order to encourage compliance. Therefore, when applying for government benefits, transgender people can often face particular difficulties in regards to their Selective Service registration status.

To register, fill out the form available in United States post offices and US embassies or on the Selective Service website. You may also simply check the box for Selective Service registration on the Federal Student Financial Aid (FAFSA) application form.

For more information on the eligibility of transgender people for military service, visit SPARTA and/or the Modern Military Association of America (formerly OutServe-SLDN or Servicemembers Legal Defense Network).

Conscientious Objectors are people who refuse to participate in combat for religious, moral, or ethical reasons. Currently, if you are a conscientious objector, you are still required to register for the Selective Service. For more information, see the Selective Service resource on Conscientious Objectors.[/vc_column_text][vc_toggle title=”Individuals Assigned Male at Birth”]People who were assigned male at birth are required to register with the Selective Service within thirty days of their eighteenth birthday. This includes those who may have transitioned before or since then. The Selective Service uses Social Security and other databases to determine who they believe was assigned male at birth. Whether transgender people are eligible for military service is still being litigated, but you are required to register nonetheless and this is necessary to gain access to certain government benefits. According to the Selective Service website, “[i]n the event of a resumption of the draft, individuals born male who have changed their gender to female can file a claim for an exemption from military service if they receive an order to report for examination or induction.” ()

NAME CHANGES AND THE SELECTIVE SERVICE

People who are assigned male at birth and who are required to register are also required to inform the Selective Service of any legal name change or change in other record information such as address up until your twenty-sixth birthday. This does not include change of gender as the Selective Service policy is entirely based on birth-assigned sex. For trans women and others who were assigned male at birth and have registered with the Selective Service, notification of a name change is legally required within ten days.

To update your records, fill out the Change Of Information Form attached to the Registration Acknowledgement Card with your new name. Alternatively, you can fill out a Change of Information Form called SSS Form 2, which you can obtain at any United States Post Office or U.S. Embassy or Consulate abroad. You may also change your information with the Selective Service by letter. In the letter, include your full name, Social Security Number, Selective Service Number, date of birth, current mailing address and new name. With any of these three methods, you must attach official documentation of your name change and mail it to the Selective Service. Updates take four to six weeks, after which you will be mailed a new acknowledgement card.

People who are required to register:

  • All U.S. citizens assigned male at birth (including trans women) and born after December 31, 1959, who are 18 but not yet 26 years old
  • National Guardsmen and Reservists not on active duty
  • Cadets at the Merchant Marine Academy
  • Delayed Entry Program enlistees
  • ROTC Students
  • People who have left Active Military Service for any reason before age 26
  • Persons assigned male at birth rejected for enlistment for any reason before age 26
  • Civil Air Patrol members
  • Immigrants with permanent resident status
  • Immigrants with I-688 special (seasonal) agricultural worker status
  • Refugee and parolee immigrants and immigrants seeking asylum
  • Undocumented immigrants
  • Dual national U.S. citizens
  • People with disabilities who spend time in public with or without assistance
  • Residents of Puerto Rico, Guam, the U.S. Virgin Islands, Northern Mariana Islands, Citizens of American Samoa, Republic of the Marshall Islands and the Federated States of Micronesia only if they are habitual residents of the United States (habitual residency is presumed when one resides in the United States for more than one year in any status, except as a student or employee of the government of their homeland)

People who are NOT required to register:

  • People who were assigned female at birth (including trans men)
  • People born between March 29, 1957, and December 31, 1959
  • Students in Officer Procurement Programs at The Citadel, North Georgia College and State University, Norwich University, Virginia Military Institute, Texas A&M University, Virginia Polytechnic Institute and State University
  • Members of the Armed Forces on active duty (active duty for training does not constitute “active duty” for registration purposes and those leaving active duty are required to register within 30 days of release unless already age 26, or already registered when released, or unless exempt during entire period age 18 through 25)
  • Cadets and Midshipmen at Service Academies or Coast Guard Academy
  • Lawful non-immigrants on visas (e.g., diplomatic and consular personnel and families, foreign students, tourists with unexpired Form I-94, or Border Crossing Document DSP-150)
  • Incarcerated people or individuals hospitalized or institutionalized for medical reasons
  • People with disabilities who are continually confined to a residence, hospital, or institution
  • Immigrants with I-688A special agricultural worker status

For more information, consult the United States Selective Service System website at www.sss.gov and the Status Information Letter request form at https://www.sss.gov/RegVer/wfRegistration.aspx.[/vc_toggle][vc_toggle title=”Individuals Assigned Female at Birth”]People who were assigned female at birth are not required to register with the Selective Service regardless of their current gender or transition status. When applying for federal financial aid, grants, and loans as a man; however, you may be asked to prove that you are exempt. To request a Status Information Letter (SIL) that shows you are exempt, you can either download an SIL request form from the Selective Service website (https://www.sss.gov/Portals/0/PDFs/Status.pdf) or call 1-888-655-1825. This service is free and the exemption letter you will receive does not specify why you are exempt so it will not force you to out yourself in any other application process. The Selective Service does, however, require a copy of your birth certificate showing your birth-assigned sex. If the sex on your birth certificate has been changed, attach any documentation you have to that affect. Once you receive your Status Information Letter, keep it in your files. For those FTM people who transition before their eighteenth birthdays and change their birth certificates, it is also possible to register with the service. However, no one may register after their twenty-sixth birthday. Also, please note that although Selective Service materials refer to transgender people as “people who have had a sex change,” their policies apply to those who have transitioned regardless of surgical history.[/vc_toggle][/vc_tta_section][/vc_tta_accordion][vc_column_text css=”.vc_custom_1565551998836{background-color: #f5a9b8 !important;}”]

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State Agencies

[/vc_column_text][vc_tta_accordion active_section=”1″ collapsible_all=”true”][vc_tta_section title=”DMV (do this one second)” tab_id=”1565554293189-a4d97a1e-82c6″][vc_column_text]**You MUST update with Social Security before heading to DMV, as they will pull from the Social Security database.**

WHAT YOU NEED: DR-2083

To change your gender on a Colorado Driver’s License, bring the original form DR-2083 to your local DMV office and they will retake your photo and a new license will be issued.  This form was updated in Nov 2018 to add a non-binary option.

If you are also updating your address, you’ll need a second form of identification with your address on it (utility bill, insurance card, etc)

**NOTE: You can only correct your gender on your CO license ONE TIME without obtaining a court order. If you need to correct it more than once, please contact us so we can send you the forms to file with your District Court. The District Court filing fee for this is $238.**[/vc_column_text][/vc_tta_section][vc_tta_section title=”Birth Certificate” tab_id=”1565554293338-0825c1df-6aef”][vc_column_text]If you were born in Colorado, the state will change both the name and sex on a birth certificate. Colorado does not require surgery or a court order to change your gender marker; however, you can only correct your gender on your CO birth certificate once without a court order.

Colorado will also issue a new birth certificate rather than amend the old one.

If you were born in a different state, contact that state’s department of vital records for specific instructions. NCTE has a good website detailing each state’s requirements.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][vc_column_text css=”.vc_custom_1565551998836{background-color: #f5a9b8 !important;}”]

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Keeping Track of Corrections

We recommend tracking where you need to correct your name & gender marker by using our Excel spreadsheet or something similar.. It’s easy to lose track of where you’ve submitted documentation and then following up to make sure they’re corrected. We’ve tried to put these in roughly the order that you should complete them, but some of it is personal preference.  We recommend adding rows and tracking exactly which agencies/companies that apply to you.[/vc_column_text][/vc_column][/vc_row]