Kansas Gender Marker Law 2026: What SB 244 Means for Your Documents

Kansas passed House Substitute for Senate Bill No. 244 in early 2026, and the legislature overrode the governor’s veto in February. The law requires state-issued identification to reflect an individual’s biological sex at birth, using the definitions already in K.S.A. 77-207, and it retroactively invalidates certain records that were previously amended. [Kansas Legislature](https://www.kslegislature.gov/li/b2025_26/measures/SB244/)

In practical terms, two things changed. First, Kansas driver’s licenses and birth certificates issued before July 1, 2026, that list a gender or sex inconsistent with the holder’s sex at birth are now considered invalid under the law, and the state is correcting those records. Second, there is no longer any administrative path to change a gender marker on a Kansas license or birth certificate — only M and F designations exist, and there is no X option. The Kansas Division of Vehicles (DOV) explains the driver’s license rules on its official [gender reclassification page](https://ksrevenue.gov/dovgender.html).

If your record update involves both a name and a gender marker, it helps to understand the current split: Kansas courts still process legal name changes normally, while gender marker changes on state documents are effectively closed. The rest of this guide walks through both tracks.

The law affects anyone whose Kansas driver’s license, state ID, or birth certificate currently shows a gender or sex designation that does not match their sex assigned at birth, as well as anyone who previously requested a gender marker change.

The Kansas Department of Revenue mailed letters to roughly 1,500 people who had previously updated their credential, notifying them that the amended credential would be invalid under the new law. If you changed your gender marker on a Kansas license before 2026 and did not receive a letter, it is still worth confirming the status of your credential — the DOV’s system tracks accounts where a marker change was previously made.

If you have never changed your gender marker, you are not affected. The law only addresses records that are inconsistent with birth sex; it does not require you to take any action.

According to the official [Kansas DOV gender reclassification FAQ](https://ksrevenue.gov/dovgender.html), anyone whose current credential shows a gender or sex indication that does not match their sex at birth is directed to surrender the credential to the Division of Vehicles. The DOV issued the following guidance:

SB 244 applies the same logic to birth certificates. Any Kansas birth certificate issued before July 1, 2026, that lists a sex inconsistent with the individual’s biological sex at birth is invalid under the law, and the state registrar is directed to correct the underlying record in the vital statistics database.

The Kansas Department of Health and Environment (KDHE) Office of Vital Statistics has confirmed it can no longer process gender identity amendments to birth certificates. If KDHE previously amended a certificate to reflect gender identity, the agency is taking steps to invalidate that certificate and amend the record to match sex at birth. You can request a new certificate reflecting the corrected record for a fee of about $20 per copy — confirm current fees with the [Office of Vital Statistics](https://www.kdhe.ks.gov/1165/Office-of-Vital-Statistics).

Amendments for other reasons — such as a clerical input error or a medical correction unrelated to gender identity — are still handled through the standard amendment request process with KDHE. Name updates on a birth record also remain a separate, case-by-case process.

Kansas now recognizes only two designations — M and F — on state-issued documents, and there is no administrative process to request a different marker. The statutory definitions in [K.S.A. 77-207](https://ksrevisor.gov/statutes/chapters/ch60/060_014_0002.html) (female is an individual whose biological reproductive system is developed to produce ova; male is one developed to fertilize ova) apply across state agencies, so gender identity is not treated as a separate category in state records.

If you are planning a gender marker change and live in Kansas, the realistic paths are: verify whether your situation qualifies for one of the narrow exceptions in the law (such as a clerical error), or consider whether another state’s documents apply to you at all. For a broader look at which states still allow marker changes and how the process differs, see our [gender marker change guide](/blog/gender-marker-change-guide) and the [nonbinary X marker guide](/blog/nonbinary-x-marker-guide). Federal documents are a separate track — since 2025, U.S. passport and Social Security gender marker changes are restricted by federal policy, so verify the current rules with the issuing agency before planning.

The important distinction in 2026: SB 244 does not touch the court name change process. Kansas courts continue to grant legal name changes under K.S.A. 60-1401 and 60-1402, regardless of the reason.

The rules are straightforward: you file a petition in the District Court of the county where you live, and you must have been a Kansas resident for at least 60 days before filing. The petition states your current legal name, the name you want, and your reason. A judge reviews the request at a hearing and signs an Order Changing Name if the statutory requirements are met and the request is not made to defraud or evade obligations. [K.S.A. 60-1402](https://ksrevisor.gov/statutes/chapters/ch60/060_014_0002.html)

There are also two faster certificate-based paths. If you are marrying, you can designate your new name on the marriage license application, which takes effect when the officiant signs the marriage certificate — no court petition or filing fee. If you are divorcing, you can ask the court to restore a former name as part of the decree (K.S.A. 23-2716) or file the Affidavit and Order Restoring Name afterward. See our [marriage name change guide](/blog/name-change-after-marriage-guide) and [divorce name change guide](/blog/how-to-change-your-name-after-divorce) for details.

The Kansas Judicial Council publishes a complete adult name change packet, free to download from its [legal forms page](https://www.kjc.ks.gov/legal-forms/adult-name-change), including the petition, notice of hearing templates, and the final order. Kansas Legal Services also provides an interactive version plus a step-by-step adult name change guide.

Kansas does not publish a single statewide name change fee. The base civil filing fee in Kansas district court is about $195 per the [Kansas Self-Help](https://self-help.kscourts.gov/) filing fee schedule, with small county surcharges on top — for example, Johnson County adds about $1.50 and Sedgwick County adds about $2.00. Because fees can differ by county, verify the exact amount with your county clerk before filing.

If publication is ordered, newspaper fees are a separate out-of-pocket cost that varies by paper and county — typically in the tens of dollars for the run, and you should budget for it if the court requires notice by publication.

If you cannot afford the filing fee, you can ask the court to waive it using the [Poverty Affidavit](https://www.kjc.ks.gov/legal-forms/poverty-affidavit) published by the Kansas Judicial Council, under K.S.A. 60-2001(b). A judge reviews the request and may waive the fee in full or in part. Our [fee waiver guide](/blog/fee-waiver-guide) and the [cost by state 2026 comparison](/blog/name-change-cost-by-state-2026) cover the wider cost picture across states.

Most Kansas adult name changes complete within roughly 4–12 weeks from filing to signed order, according to state court self-help guidance. The hearing is typically scheduled a few weeks after filing; cases that require publication take longer because the notice must run for three consecutive weeks before the hearing can proceed.

Plan for extra time if you are coordinating with a passport application, a job change, or a major purchase — see the [legal name change process checklist](/blog/legal-name-change-process-checklist) for a scheduling view of the full sequence.

A signed order changes your legal name, but it does not update your records by itself. The order that works best in Kansas, as elsewhere, is:

Q: Can I still change my gender marker on my Kansas driver’s license in 2026? A: No. Under SB 244, Kansas licenses may only show the sex assigned at birth (M or F), and there is no administrative process to request a different marker. The DOV instead directs anyone with a non-compliant credential to surrender it for a corrected one. Verify current policy with the [Division of Vehicles](https://ksrevenue.gov/dovgender.html).

Q: I already changed my gender marker before SB 244. What happens to my documents? A: Your driver’s license is considered invalid under the law and must be surrendered to the DOV for a corrected credential (the surrender deadline was March 25, 2026; if you missed it, contact the DOV immediately). A birth certificate listing a marker inconsistent with birth sex is also invalid, and the state is correcting those records. You can request a corrected birth certificate from the Office of Vital Statistics.

Q: Can I still legally change my name in Kansas? A: Yes. The court process under K.S.A. 60-1401/60-1402 is unchanged by SB 244. File a petition in the District Court of your county of residence after 60 days of Kansas residency, attend the hearing, and update your records with the signed order.

Q: What forms do I need for a Kansas adult name change? A: The Kansas Judicial Council packet: Civil Cover Sheet, Petition for Change of Name, Notice of Hearing by Mail and/or Notice of Hearing by Publication, and Order Changing Name. If you cannot afford the filing fee, add the Poverty Affidavit. All are available free from the Kansas Judicial Council legal forms page.

Q: Do I have to publish a newspaper notice? A: Not automatically. Under K.S.A. 60-1402 the court decides how notice is given — by mail, by publication, or both. If publication is ordered, the notice runs once a week for three consecutive weeks. Ask your assigned division what it requires when you schedule the hearing.

Q: How much does a Kansas name change cost? A: The base district court filing fee is about $195, plus small county surcharges in some counties (verify with your clerk). Newspaper publication, certified copies of the order, and the DOV replacement credential add costs. If you qualify, the Poverty Affidavit can waive all or part of the filing fee.

Q: What if my license was invalidated in error? A: You can appeal under K.S.A. 8-259, but filing an appeal does not keep your current credential valid while it is pending. Contact the Division of Vehicles or a Kansas attorney for guidance on your specific situation.