Changing Your Name and Gender Markers
Changing your name and gender markers can be long, detailed, and sometimes tedious process.
There is no uniform, national process for those seeking name or gender marker changes on identity documents. Instead, each state or federal agency, organization, and company may have different requirements to change your name and gender marker.
This can be frustrating, not to mention incredibly confusing. That’s why we’ve put together this list of frequently asked questions, to help you more easily navigate the system and update your documents. For more information about third gender markers, check out our Third Gender Marker FAQ.
Do I Need to Change My Documents in a Specific Order?
Technically, no, there’s no specific order you’re required to follow. However, for many people there is a sequence for updating identity documents that can streamline the process and make any updates you need to seek easier.
Here’s one approach to help you get the initial documents that should pave the way to make all other name and gender marker changes easier.
Please note: this is a suggested sequence and there may be different factors to take into account when pursuing a name and gender change, such as country or state of birth, as well as the county you live in.
Suggested Sequence for Changing Identity Documents
1. Obtain a Court Order forName Change or Gender Change or Both
2. Change Name and Gender with Social Security Administration
3. Change of Name and Gender with Oregon DMV
4. If born in Oregon – Change name and gender on birth certificate
5. Change Name and Gender on Passport
What if I was born outside of Oregon?
While this guide mostly provides resources for updating Oregon state IDs and documents, we understand that this process can be confusing if you’re living outside of your home state.
If you’re looking for resources outside of Oregon, the National Center for Transgender Equality website has an identification document center that provides information on process of changing your birth certificate in all 50 states. For more information, click here.
Can I change my documents without a court order?
In some cases, yes. In Oregon it is now possible to update just the gender on your driver’s license or state ID simply by filling out a form and paying a fee for a new ID card. We outline the steps involved in more detail later in this document.
There is also a new, simpler, administrative option for updating Oregon birth certificate records, which allows transgender people born in the state to request a one-time gender and name change on their birth certificate without the need to go through the courts. (You may request to be listed as male, female, or non-binary.) See more info below on birth certificate changes.
What’s required to change my name?
If changed through a court order, the process to legally change your name can take a few weeks through the mail in option or through a a trip to file your petition for name change.It is possible to change your name and gender at the same time using a single form
Here are the steps you will need to take:
1. Locate the form for adults or minors on the Oregon Judicial Department’s website: https://www.courts.oregon.gov/programs/family/forms/Pages/name-sex-change.aspx
2. Or visit your local county courthouse and ask to be directed to the family law clerk, who will help you locate the appropriate paperwork to file your name change. It can be important to call and verify with your local county if they accept the paperwork above, some counties require their own paperwork.
3. Each county should have a packet of documents for you to complete, and instructions on how to complete them, including the requirements to change your name. You will need to complete and file your paperwork. .
4. Filing fees vary by county.
5. We recommend obtaining some official certified copies of a court ordered name/gender change because it can be important to still have one with you if you have to mail another one in for a different process of documentation change (like passport, for example).
If you were not born in Oregon, do be mindful of the birth certificate requirements of your state of birth when filing your court order.
What’s required to change the gender marker on my driver’s license?
Now, any Oregonian can change their gender designation on their driver license and IDs by simply requesting a new or replacement ID. The form asks the applicant to select one of three gender markers they wish to have listed – M (male), F (female) or X (not specified).
In the past, those who wanted to change the sex on their ID needed a service provider or medical provider to sign the form. As of July 1st, 2017, individuals are now able to attest to their own gender identity.
Please note that you do not need to provide proof of surgery to have your name changed or a court ordered gender marker change. You are also eligible to receive a new photo when you apply to change your DMV gender marker.
As of July 2017, Oregon will begin issuing non-binary driver’s licenses and IDs. The state also plans to make this option available on birth certificates soon.
Oregon’s Driver’s License Policy & Procedures
To update name and/or gender on an Oregon ID, the applicant must apply in person, turn in their current Oregon license, permit, or ID, and do the following:
1. Submit an Application for a new ID;
2. Pay the required fee;
3. Provide a court order certifying the name change, if relevant.
4. Select the gender they would like to have listed on their state ID.
5. Take a new photograph at the DMV office. The Oregon Department of Motor Vehicles addresses name change here. Applicants must notify the DMV of a legal name change within 30 days of the name change.
Applying for a Real ID at the Oregon DMV
Beginning in July 2020, the Oregon DMV will offer a Real ID which will, along with other federally approved forms of ID, allow people to enter secure federal facilities or board a commercial flight in the U.S. on October 1, 2020. The deadline for when a Real ID is required has been extended. After the deadline, an older Oregon ID will not be able to be used for boarding flights, so it can be useful to get an updated ID and/or passport even for travel within the United States. You will still need a valid passport to travel internationally.
To acquire Real ID cards, you will need to bring in documents to verify:
Identity and legal presence. Acceptable documents include a U.S. government-issued birth certificate, unexpired U.S. passport/passport card, Certificate of Naturalization, Certificate of Citizenship, Consular Record of Birth Abroad, valid permanent resident card, valid employment authorization card, an unexpired foreign passport with an unexpired visa and valid I-94 issued by DHS, or an unexpired passport issued from the Federated State of Micronesia, the Republic of Marshall Islands, or the Republic of Palau and a valid I-94 issued by DHS.
Social Security number. Acceptable documents include a Social Security Card, W2 form, a 1099 form, or paystub. Documents must include your name and SSN.
Address. Acceptable documents can be found here. Two proofs of address are required and you must present hardcopy documents for imaging purposes.
You can also use the Oregon Real ID Requirements Guide to determine the documents you will need and get a customized checklist.
Forms
OR Gender Designation Change Form
OR Department of Motor Vehicles Name Change Information
What process does Oregon require to change my gender on my birth certificate?
The website and an instructional video provide information on how to change and update a birth certificate through administrative process in Oregon.
Website: https://www.oregon.gov/oha/PH/BIRTHDEATHCERTIFICATES/CHANGEVITALRECORDS/Pages/ChangingBirthRecordtoSupportGenderIdentity.aspx
Video Step by Step Instructions: https://www.youtube.com/watch?v=oK-Q2W-VkRU
In 2014, Oregon removed surgery requirements to get a gender marker changed on an Oregon birth certificate. And starting in 2018, there is a simplified, one-time option available that will allow those seeking a name and gender change to submit a simple form to the state, bypassing the need to go before a court or have a birth certificate name change posted publicly.
There are now two different options available for those who would like to go through the process – you can now go through the old process of receiving a court order from a judge, or you can opt for the new “administrative option,” which allows for a one-time name and gender change through a simplified process.
This new administrative process offers a few major advantages:
1. It’s less time-consuming than obtaining a court order.
2. The cost to amend your birth records is lower – all you need to do is submit a notarized document and a fee.
3. There’s no need for a doctor’s letter. As long as you certify that you’re making the change so that your birth record is in line with your gender identity, you qualify for this option.
However, we still advise following up with a court order, if these apply to you:
1. If you move to another state, there is no guarantee your gender change on birth certificate will be legally recognized outside of Oregon, particularly if your other documentation hasn’t also been updated.
2. You will not be able to use your amended birth certificate alone to change some federal records, such as your passport. Either a court order or doctor’s letter are still necessary to update most of these records. (The requirements are outlined in more detail below.)
3. Updating your birth record alone does not change your name or gender on other vital records within the state.
4. There will be no indication on your birth certificate that your listed gender has been amended, which may make it difficult to connect with other, existing documentation if you need to prove your identity.
So while the court process is more complex, if you plan to travel internationally or out of state, would like to be recognized by a new legal name, or would like to ensure all of your records match, a court order may be a better option for you.
Method 1: Obtain A Court Order for Birth Certificate Amendment
This process and the forms required can vary from county to county, so please check with your local courthouse for the exact details. However, generally, the process will be similar to what we’ve outlined below.
Individuals now can get a new birth certificate by getting a court order for gender change and submitting the order, a vital records order form, a signed statement of name change, and a fee to the Oregon Center for Health and Vital Statistics.
To get a court order for gender change in Oregon, you will need to apply at your local courthouse and bring a letter to the judge stating that you have “undergone surgical, hormonal, or other treatment appropriate for [you] for the purpose of gender transition and that sexual reassignment has been completed.” ORS 33.460. “Other treatment appropriate for [you]” means that the old requirement of surgery is no longer required to change your birth certificate. Each individual’s process of gender affirmation looks different. This was updated in 2014.
For youth, undergoing appropriate treatment and completing gender transition may simply include a diagnosis of gender dysphoria, counseling support of gender transition, puberty blockers (depending on the individual’s age), and/or living in the gender they identify as.
The main elements that need to be in the letter are a diagnosis of gender dysphoria or gender incongruence, documentation of appropriate treatment for the individual (which could just be counseling), and acknowledgment that the individual has engaged in gender transition or affirmation. The full instructions to file a court order of a change of sex can be found here.
Forms
OR Gender Designation Change Form
OR Department of Motor Vehicles Name Change Information
Method 2: The Administrative Option for Birth Certificates
Starting in January 2018, transgender people born in Oregon can now easily update their birth certificates by submitting an application to update their birth records with the Oregon Vital Records office.
https://www.oregon.gov/oha/ph/birthdeathcertificates/changevitalrecords/pages/courtorderchangesex.aspx#:~:text=Oregon%20law%20provides%20two%20methods,documents%20and%20fees%20are%20submitted.
This form costs only $35 to file, however, it can only be used to update the sex designation and name on the birth certificate once. Any future changes will have to be made via a court order, so be mindful of that if you use this option. The Vital Records office charges a $25 fee to provide a certified copy of all birth certificates.
You do not need a doctor’s letter to submit this form – the change is based solely on the applicant’s attestation of their own gender identity. You will, however, need to sign an affirmation statement in the presence of a notary and receive the notary’s signature and seal.
This option is also available for minors under the age of 18, though a parent on the birth record or legal guardian must make the request on the child’s behalf.
Forms
OHA HB 2673 Frequently Asked Questions
Application To Change Name and/or Sex on Birth Record
Video Instructions on How to Apply for an Amended Birth Record
Video Instructions on How to Fill out Forms Correctly: https://www.youtube.com/watch?v=oK-Q2W-VkRU
How do I change the gender in my Social Security (SSA) record?
Under current policy, a transgender person can change their gender on their Social Security records through self-attestation, by submitting an SS-5 form and selecting the M or F gender marker they wish to appear on their record.
Will Changing My Gender With SSA Affect My Social Security Benefits?
No. Social Security benefits do not depend on your gender.
To change your gender marker record on file with Social Security, you will need to submit one of the following:
1. A U.S. passport showing the correct gender,
2. A court order recognizing the correct gender,
3. A birth certificate showing the correct gender, or
4. A signed letter from a provider confirming you have had appropriate clinical treatment for gender transition.
If you use a physician letter, there are very specific instructions and requirements to follow and they can be found by visiting National Center for Transgender Equality’s ID document center here.
How do I change my passport to reflect my new gender designation?
In 2022, the State Department issued a new policy that makes it easier for transgender people to get a passport that affirms their correct gender identity. X gender markers are now available in addition to M and F.
You can select the gender marker you would like printed on your U.S. passport. The gender you select does not need to match the gender on your supporting documentation such as a birth certificate, previous passport, or state ID. They no longer require medical documentation to change the gender marker on your U.S. passport.
See instructions here:
https://travel.state.gov/content/travel/en/passports/need-passport/selecting-your-gender-marker.html#:~:text=What%20does%20it%20mean%20to,another%20gender%20identity%20(X).
For full instructions see the National Center for Transgender Equality’s identity document center here.
Additional Resources
Full text of the new policy: US State Department Foreign Affairs Manual, 7 FAM 1300 Appendix M: Gender Change
US State Department Passport Home
National Passport Information Center; 1-877-487-2778
Passport adjudicators and consular officers must not ask for additional medical information from the applicant. The best way to submit this information is with an accompanying DS-5504 form, but if you have had a valid passport for longer than one year you may need to file a DS-82 form instead. Both of these forms are available online at http://travel.state.gov/content/passports/en/passports/forms.html.
Note that since the State Department’s change of regulations for passports, these requirements have changed slightly, and interpretation is new and varying. For an up-to-date guide on the new policy, read the National Center for Transgender Equality’s analysis at http://transequality.org/Issues/federal_documents.html#passport_gender.
Changing Gender or Name on Immigration Documents
The U.S. Citizen and Immigration Services issues a variety of documents that show identity and immigration status in the United States.
These include, but are not limited to, Employment Authorization Documents, Refugee Travel Documents, Permanent Resident Cards, and Naturalization Certificates. The United States Citizenship and Immigration Services (USCIS) allows individuals to update the name and/or gender marker on immigration documents through the procedures described in detail at the National Center for Transgender Equality at www.transequality.org.