Illinois Gender Marker Change 2026: HB 5095 Makes M, F & X on Your License Self-Attestation Law

Governor JB Pritzker signed House Bill 5095 into law on June 28, 2026, and it takes effect on January 1, 2027. The bill amends the Illinois Identification Card Act and the Illinois Vehicle Code so applicants can choose "male", "female", or "X" on an application for a driver’s license, identification card, or permit, and it sets out the requirements for changing the sex designation already listed on an issued card.

Under the new law, an applicant who wants to change the sex listed on an issued card submits a gender designation form. The form collects limited personal information, a selection of M, F, or X, and an attestation under penalty of perjury that the change reflects the applicant’s gender identity and is not being made for a fraudulent or unlawful purpose. The law bars the Secretary of State from requiring any other documentation or verification beyond that form. See the [Illinois General Assembly’s HB 5095 page](https://www.ilga.gov/legislation/fulltext.asp?DocName=10400HB5095) for the bill text and sponsor history.

The legislation codifies a practice the Illinois Secretary of State’s office has already operated for several years — it makes the current administrative policy harder for a future administration to reverse, and it adds a privacy protection: gender designation forms become confidential records that can be disclosed only in limited circumstances, including under a court order.

The law does not require medical documentation, a therapist’s letter, a court order, or proof of surgery — for the ID itself, self-attestation is the whole process. This matches how the Secretary of State has processed gender marker changes administratively since the X option launched in early 2024.

You do not need to wait for January 1, 2027. The self-attestation process HB 5095 codifies is already live. Illinois has permitted M, F, and X designations on driver’s licenses and state IDs for years — the X option became available in early 2024 — and no medical documentation has been required for the change.

The practical difference the law makes: it locks the policy into statute and shields the form from public disclosure. Whether you file today or after the effective date, the in-office procedure and fees are the same.

Gender marker changes on Illinois driver’s licenses and state IDs run through the Secretary of State (SOS) driver services facilities, not through the courts. The steps are:

A corrected driver’s license costs $5 and a corrected state ID costs $10. If you time the change to coincide with a regular renewal, you pay only the standard renewal fee instead — the gender marker change itself adds nothing.

Verify the current fee schedule with the [Secretary of State’s DL/ID information page](https://www.ilsos.gov/departments/drivers/drivers-license/drlicid.html) before your visit, since fees are set by administrative rule and can change.

Birth certificates are handled separately, by the Illinois Department of Public Health (IDPH) Division of Vital Records — not by the Secretary of State. The process has been self-attestation since July 2023 and offers M, F, and X.

Complete the [Affidavit and Certificate of Correction Request](https://dph.illinois.gov/content/dam/soi/en/web/idph/files/forms/formsoppsaffidavitcertificatecorrectionre.pdf), which asks for your name at birth, date of birth, your parents’ names as listed on the original record, and the designation you want. Sign it in the presence of a notary and include a clear photocopy of a valid government-issued photo ID. No medical documentation is required.

Mail the packet to IDPH’s Division of Vital Records in Springfield with a check or money order for $15, which covers the record search and one certified copy of the amended certificate; additional copies cost about $2 each. The [IDPH gender reassignment page](https://dph.illinois.gov/topics-services/birth-death-other-records/birth-records/gender-reassignment.html) has the full instructions — verify the current fee before mailing.

IDPH can only amend birth certificates issued in Illinois. If you are an Illinois resident born elsewhere, contact the vital records office in your state of birth — rules vary widely, and some states require a court order, medical certification, or do not offer an X option at all.

If an out-of-state birth certificate is part of your plan, an Illinois judge can issue an order with factual findings that may help you correct a birth record issued by another state; the Transformative Justice Law Project of Illinois (TJLP) publishes sample petitions and guidance for this process. For the court-side name change itself, see our [Illinois name change guide](/blog/name-change-illinois).

A gender marker change and a legal name change are independent processes in Illinois — you can update one, both, or neither. If you are doing both, the order that avoids rejections is:

HB 5095 classifies gender designation forms as confidential records. They can be released only in limited circumstances, such as under a court order, and the law adds protections against another state using your Illinois records to penalize lawful gender-affirming care.

The privacy picture is not uniform across the country. Illinois now sits at the protective end of a spectrum: Kansas enacted SB 244 in February 2026 retroactively invalidating driver’s licenses with gender markers that differ from sex at birth, Iowa ended sex designation changes on licenses in 2025, and Indiana has restricted birth certificate gender changes by executive action since March 2025 (a bill to codify the ban, HB 1199, failed in the 2026 session). If you travel or may relocate, plan your document strategy with those differences in mind — see our [X marker guide](/blog/nonbinary-x-marker-guide) for the national picture.

One federal note: as of January 2025, TSA PreCheck no longer accepts new X gender designations. Illinois state IDs still work for air travel with a matching boarding pass, but if you fly often and rely on PreCheck, check the current federal policy.

The SOS facility change is same-day: you walk out with a temporary document, and the permanent card typically arrives within about 15 business days. Timing the change with a renewal avoids a separate visit and the corrected-card fee.

A birth certificate amendment through IDPH is mail-based and takes longer — budget several weeks, and longer during peak periods. If you need the amended certificate by a deadline (a job start, travel, a REAL ID application), file early and call IDPH’s vital records line for current processing estimates.

Q: Do I need a doctor’s letter or court order to change my gender marker on an Illinois driver’s license? A: No. Illinois uses self-attestation: complete the Gender Designation Change Form (DSD A 329), sign it under penalty of perjury, and submit it in person at a Secretary of State facility. No medical documentation or court order is required for the ID itself.

Q: Can I get an X marker on my Illinois driver’s license? A: Yes. Illinois has offered M, F, and X designations on driver’s licenses and state IDs since the X option launched in early 2024, and HB 5095 keeps "X" in the statute.

Q: How much does it cost to change the gender marker on my license? A: $5 for a corrected driver’s license and $10 for a corrected state ID. If you change it during a regular renewal, there is no additional fee. A birth certificate amendment is $15 via check or money order to IDPH. Verify current fees with the Secretary of State before visiting.

Q: Do I have to change my name first? A: No — the gender marker and name change processes are independent. If you are changing your name too, update Social Security first so your name matches at the SOS, then bring your certified court order and the DSD A 329 form together.

Q: I was born in another state — can Illinois change my birth certificate? A: No. Only your state of birth can amend your birth certificate. Contact that state’s vital records office; if it requires a court order, an Illinois judge can issue factual findings to help, and TJLP publishes guidance for this process.

Q: When does HB 5095 take effect? A: January 1, 2027. The self-attestation process it codifies is available today, so you do not need to wait — the law mainly makes the policy permanent and keeps your gender designation form confidential.

Q: Can I change my gender marker without changing my legal name? A: Yes. In Illinois the two are separate: file the DSD A 329 form at a Secretary of State facility for the marker change alone, and only pursue a court name change if you also want a new legal name. See our [Illinois name change guide](/blog/name-change-illinois) if you do.