Eligibility & Overview

Who can change their name and gender marker?You do not need to be a U.S. citizen to change your name or gender marker. State courts generally allow any resident (regardless of immigration status) to petition for a name change, and federal agencies permit updates to identity documents for non-citizens as well.

Minors:Can change their name and gender marker with parental consent. A parent or legal guardian must file the name change petition on the minor's behalf. In most states, if you're at least 18 years old you can petition on your own.

Non-citizens:Legal permanent residents, DACA recipients, and asylum seekers can go through the same court process to change their name and then update documents like Social Security records, driver's licenses, and immigration documents.

Sources:Serendipity Dodah,Lambda Legal

The Legal Name Change Process

Step 1: File a Petition in CourtYou must file a name change petition with your county's civil or probate court. The petition includes your current name, desired name, and a statement that you are not changing your name for fraudulent reasons.

Filing fees:Around $100–$200 in many jurisdictions, though fee waivers are available for low-income individuals.

Privacy considerations:If safety or privacy is a concern, you can ask the court to seal the records or waive publication requirements.

Step 2: Court Hearing and OrderA judge will review your petition and may hold a brief hearing. Once approved, you'll receive a court order officially changing your name. Get several certified copies.

Sources:Serendipity Dodah,Lambda Legal

Social Security Records

Name Change:Submit Form SS-5 along with proof of identity and your certified court order. The SSA will issue a new Social Security card with your new name (the SSN itself doesn't change). No fee required.

Gender Marker:Requires proof of transition such as a valid U.S. passport, updated birth certificate, court order, or physician letter confirming appropriate clinical treatment for gender transition.

Important:Update Social Security first, as many other agencies cross-check against SSA records.

Sources:Serendipity Dodah,Lambda Legal

Driver's License & State ID

Name Change:Visit your state's DMV in person with your court order and fill out a name-change request. Most states will issue a new license/ID with the new name.

Gender Marker:Requirements vary by state. Many states no longer require proof of surgery and may accept a physician letter, court order, or self-attestation form. A majority of states now offer non-binary "X" gender markers.

Minors:Many states allow minors to change gender markers with parental consent and appropriate documentation.

Sources:Serendipity Dodah,NCTE

U.S. Passport

Name Change:Submit a passport application with your current passport and the certified court order. If the passport was issued less than a year ago, you can often get a reissued one with no fee using form DS-5504.

Gender Marker:As of 2021, the State Department allowed self-selection of gender (M or F) without medical documentation, and introduced "X" option in 2022. However, 2025 policy changes have attempted to roll back these advances.

Current status:Check current State Department policy as the situation is in flux. Passports already issued with affirmed gender or X remain valid until expiration.

Sources:Serendipity Dodah,Lambda Legal

Birth Certificates

Name Change:Nearly all states will update the name on your birth certificate with a court order. Submit a form, certified copy of the court order, ID, and fee to your state's vital records office.

Gender Marker:Most states now allow transgender people to amend gender markers without requiring surgery. Typically requires a physician's letter or court order for gender change.

State variation:Each state has its own laws for changing gender markers. Some states have more restrictive rules or no clear process. Check your birth state's specific requirements.

Sources:Serendipity Dodah,Lambda Legal