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NameRight provides procedural guidance, not legal advice.
Verify requirements with official courts and agencies. Full legal disclaimer
Federal gender marker rules changed in 2025–2026.
This guide was verified against official sources in August 2026, but policy can change again quickly. Before submitting any application or identity documents, confirm the current rule directly with the issuing agency. If you are in immediate danger, prioritize your safety — exit this site and use a trusted local or national resource.
Gender marker update rules are different for each agency and document type — and they changed sharply in 2025–2026. This guide separates what we verified from official federal sources (passport, SSA), state-level paths (DMV, birth certificate), and what you must confirm yourself before filing.
These two federal systems are not interchangeable with each other or with your birth state. Current verified status:
Source: U.S. Department of State — Selecting your Gender Marker (last verified August 2026).
Source: Social Security Administration — SSA Operations reference — sex designation guidance (last verified August 2026).
Source: Social Security Administration — SSA reference archive — prior sex designation guidance (last verified August 2026).
Source: Social Security Administration — SSA — Change your name (last verified August 2026).
Source: Social Security Administration — SSA — What documents you need for a Social Security card (last verified August 2026).
Rule summary above reflects these sources as of August 2026. This area is where federal policy has been changing fastest — always confirm with the issuing agency.
State rules still vary — and several states have also changed policy since 2024. What has held across many states:
The following states have supported M, F, and X on driver licenses and/or birth certificates with self-attestation. This list is illustrative and state policy changes over time — check the state page and the DMV before relying on it.
California
M/F/Nonbinary on all docs, self-attestation
Illinois
M/F/X on DL and birth certificate, self-attestation
New York
M/F/X on DL, self-attestation
New Jersey
M/F/X on DL, Female/Male/Nonbinary on birth cert
Massachusetts
M/F/X on DL and birth cert, no medical proof
Washington
M/F/X on DL and birth cert, self-attestation
Oregon
M/F/X on DL, male/female/nonbinary in court docs
Pennsylvania
M/F/X on DL (DL-32), birth cert requires doctor letter
Some states currently restrict or have unclear gender marker update policies. This path should be verified with the relevant agency before proceeding:
Texas
Gender marker changes on state documents are currently restricted. DPS policy changes since 2024 have limited availability.
Florida
Gender marker changes are currently restricted. Policy has been updated since 2024. Verify with the relevant agency.
Policy environments can change. Always verify current requirements with the relevant agency before proceeding.
No. As of the Department of State’s current guidance, new X gender markers are no longer issued on U.S. passports. Requests for a marker that differs from the sex recorded at birth — including an X marker — may be delayed and may be issued with the sex listed at birth. Verify the current rule directly at travel.state.gov before applying.
No. SSA gender field corrections are currently restricted. SSA’s current operational guidance restricts sex designation changes; a prior 2025 guidance also generally did not accept sex field changes except as a record correction. Name changes at SSA remain a separate, still-available process — see SSA’s “Change your name” page for current requirements.
Not necessarily. Many states allow gender marker changes on driver licenses and state IDs (and some birth certificates) through administrative processes without a court order. Other states require a court order for certain document types. Requirements vary significantly by state and document type, and state policies are also changing — verify with the issuing agency before proceeding.
Several states — including California, Illinois, New York, New Jersey, Massachusetts, Washington, Oregon, and Pennsylvania — have supported M, F, and X on driver licenses or state IDs. Availability is subject to change, so verify with your state’s DMV before relying on it.
No. They are separate agencies with separate rules and separate risk profiles. Passport is the U.S. Department of State, SSA is the Social Security Administration, and birth certificates are handled by the vital records office of your birth state. Do not assume one workflow applies to all three.
Federal and state gender marker rules changed rapidly in 2025–2026. We only want you to act on current information, so we publish the agency, the official source, and the date we last checked each statement — and we tell you to confirm with the agency before you submit documents.
Get a personalized path based on your state and documents.
See your personalized filing pathNameRight is not a law firm and does not provide legal advice. We provide self-help information, document preparation tools, and public court process guidance based on publicly available information. Court procedures and eligibility rules can change, and your situation may require advice from a licensed attorney in your jurisdiction. Full legal disclaimer