North Carolina Gender Marker Change 2026: What HB 805 Means for Your Documents

North Carolina’s House Bill 805 (Session Law 2025-84, "Prevent Sexual Exploitation/Women and Minors") passed the General Assembly in June 2025, was vetoed by Governor Josh Stein on July 3, 2025, and the legislature overrode the veto on July 29, 2025. The ratified text is on the [North Carolina General Assembly bill lookup page](https://www.ncleg.gov/BillLookup/2025/H805).

The law’s main documentation change took effect on January 1, 2026. Under new statute N.C. Gen. Stat. § 12-3.3, North Carolina administrative rules, regulations, and public policies must recognize only two sexes — male and female — based on biological characteristics present at birth. The law also states that gender identity is not to be treated as legally or biologically equivalent to sex.

A second change concerns amended birth certificates. Effective December 1, 2025, when a person changes the sex listed on a North Carolina birth certificate, the State Registrar must attach the new certificate to the original and preserve both as a multi-page document. Any certified copy issued afterward includes the full multi-page version — it is no longer possible to obtain a standalone amended certificate.

The law also prohibits the use of state funds for gender transition procedures, puberty-blocking drugs, or cross-sex hormones for minors and for people in the state prison system, with narrow exceptions for imminent medical harm.

If you were born in North Carolina and previously amended your birth certificate to change the sex designation, HB 805 does not retroactively invalidate your amended record — but any copy you order now will include both the original and the amended version. That can surface the change in settings where you previously showed only the amended certificate, so order what you need in advance and know what agencies will see.

If you are planning a gender marker change on a North Carolina driver’s license or birth certificate, the practical question is whether the existing administrative processes still operate under the new statutory definitions. As of this writing, the NCDMV still publishes the Sex Designation Form (DL-300) and NC Vital Records still accepts the Birth Certificate Modification Application, but enforcement of HB 805 is still settling — verify the current policy with the [NCDMV](https://www.ncdot.gov/dmv/) and [NC Vital Records](https://vitalrecords.nc.gov/) before you file.

If you are only changing your name — not your gender marker — nothing about the court process has changed. North Carolina courts continue to process legal name changes under Chapter 101 of the General Statutes.

North Carolina updates the sex designation on a driver’s license or state ID through the [Sex Designation Form (DL-300)](https://www.ncdot.gov/dmv/downloads/Documents/DL-300.pdf), published by the NCDMV. The form supports only M and F designations — there is no X option in North Carolina.

The form has two parts. You complete the first part selecting the requested designation, and the second part must be signed by a qualifying professional — a physician, psychiatrist, physician’s assistant, licensed therapist, counselor, psychologist, case worker, or social worker — confirming your gender identity. As alternatives, you can submit a U.S. passport displaying the requested designation, a birth certificate displaying it, or a court order granting a change of sex or gender.

You must visit a driver license office in person to submit the form. The fee for a duplicate license reflecting the updated marker is $16.75; if your license is due for renewal you pay the renewal rate instead (currently $6.50 per year of the license term). Verify current fees with the NCDMV.

A separate note on names: the DMV treats a name change and a gender marker change as independent processes. Before visiting the DMV for a name change, update your Social Security record first and allow time for it to sync — the NC DMV guidance commonly cites at least 36 hours. See our [Social Security name change guide](/blog/social-security-name-change-guide) and [SSA-first workflow](/blog/start-with-ssa).

Since a 2022 federal consent judgment, North Carolina no longer requires surgery to correct the sex designation on a birth certificate. The current process runs through the [NC Vital Records Birth Certificate Modification Application](https://vitalrecords.nc.gov/documents/NCOVR-BirthModificationsApplicationFinal-07072022v6.pdf), which is mailed to the Vital Records office in Raleigh.

The application requires a sworn statement plus one of the following: a passport reflecting your gender identity, a state-issued ID such as a driver’s license, or a certification from a licensed healthcare professional, social worker, or case manager confirming your gender identity. The form notes that identification documents used for identity verification do not need to already show the requested designation.

The fee is $39, covering the record search, processing, and one copy of the amended certificate. Payment must be by certified check or money order — cash and personal checks are not accepted. Additional certified copies are ordered separately after the modification is complete.

Processing times vary with the Vital Records office’s workload and can stretch from several weeks to a few months. And since HB 805 took effect, any certificate issued for a sex change is a multi-page document that includes both the original and the amended record.

If you cannot provide the required evidence or proof of identity, the application must be accompanied by a court order.

HB 805 does not change the court name change process. Under N.C. Gen. Stat. §§ 101-1 to 101-8, an adult files with the Clerk of Superior Court in the county where they live. North Carolina has 100 counties, all reachable through the unified [North Carolina Judicial Branch locations page](https://www.nccourts.gov/locations), and all 100 counties moved to the eCourts system on October 13, 2025.

The core requirements are: post a notice of intent to change name at the courthouse for 10 days before filing; complete a state and federal criminal background check within 90 days of the application; file two affidavits of good character signed by residents of your county; and sign a sworn statement about residency, outstanding taxes, and child support obligations.

The notice requirement can be waived if you are a victim of domestic violence, a sexual offense, or stalking, or if you participate in the North Carolina Address Confidentiality Program — the standard form spells out the evidence the clerk will accept.

In most cases no courtroom appearance is needed: the clerk reviews the application and issues the order. If the clerk denies the request, you can ask the resident superior court judge to reconsider.

The North Carolina Judicial Branch publishes the full adult name change form set, free to download from its [forms page](https://www.nccourts.gov/documents/forms). The forms follow a fixed order:

North Carolina is one of the more affordable states for a court-ordered name change, but the exact total varies by county. The court filing fee is commonly cited at about $120 — for example, Dare County’s official court cost schedule lists $120 for a legal name change — while some counties and sources list higher amounts. Verify the exact fee with your county Clerk of Superior Court before filing.

Criminal background checks add fees: a court-based statewide criminal record search runs about $25, with the FBI component on top depending on how you obtain it, and two sets of fingerprints from the sheriff’s office cost a small additional amount.

Certified copies of the order cost a few dollars each depending on the county — budget for at least five, since Social Security, the DMV, and most other agencies want an original or certified copy.

If you cannot afford the filing fee, file the [Petition to Proceed as an Indigent (AOC-G-106)](https://www.nccourts.gov/documents/forms/petition-to-proceed-as-an-indigent) and ask the clerk to waive costs. Our [fee waiver guide](/blog/fee-waiver-guide) and the [Name Change Cost by State 2026](/blog/name-change-cost-by-state-2026) comparison cover the wider cost picture.

A routine, uncontested North Carolina adult name change typically takes a few weeks to about two months from filing to signed order. The 10-day courthouse posting runs first, and the background check turnaround and the clerk’s workload drive most of the remaining variance.

If you are also updating a birth certificate, add several weeks to a few months for the Vital Records office. Coordinate the order of operations with a full view of the sequence in our [legal name change process checklist](/blog/legal-name-change-process-checklist).

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

Q: Can I still change my gender marker on a North Carolina driver’s license in 2026? A: The NCDMV still publishes the DL-300 Sex Designation Form, which supports M and F only, and the in-person submission process described above. Because enforcement of HB 805 is still settling, confirm the current policy with the NCDMV before filing.

Q: Does HB 805 invalidate my previously amended birth certificate? A: The law does not retroactively invalidate amended records, but it changes how they are issued going forward: since December 1, 2025, the amended certificate is attached to the original, and any certified copy includes both pages. Order a copy in advance if you need a standalone amended certificate.

Q: Can I still legally change my name in North Carolina? A: Yes. The court process under Chapter 101 is unchanged by HB 805. Post a notice of intent for 10 days (or qualify for a waiver), file AOC-SP-604 with the Clerk of Superior Court in your county of residence, and update your records with the certified order.

Q: What forms do I need for a North Carolina adult name change? A: AOC-SP-606 (notice of intent), AOC-SP-604 (application), AOC-SP-607 (affidavit of good character, two county residents), and AOC-SP-609 (order). If you cannot afford the filing fee, add AOC-G-106 (petition to proceed as an indigent). All are free from the NC Judicial Branch forms page.

Q: How much does a North Carolina name change cost? A: The court filing fee is commonly about $120 (verify with your county clerk — some counties charge more), plus criminal background check fees, certified copies of the order, and DMV replacement credential fees. A birth certificate modification is $39 via certified check or money order.

Q: Is newspaper publication required? A: No. North Carolina requires posting a notice of intent at the courthouse door for 10 days, not newspaper publication. The posting can be waived for victims of domestic violence, a sexual offense, or stalking, and for Address Confidentiality Program participants.

Q: Do I need surgery to change the sex on my North Carolina birth certificate? A: No. Since the 2022 federal consent judgment, a sworn statement plus a qualifying passport, state ID, or licensed professional certification is sufficient under the Vital Records modification process.