Can I still change my gender marker in New York City or State?

Yes, individuals are still able to change their gender markers on documents and IDs in New York City and state. However, due to an executive order, the U.S. Department of State is not currently changing gender markers on U.S. passports or Consular Reports of Birth Abroad (CRBAs). But that could change due to ongoing litigation and legal challenges. See more below.

New York City/New York State Documents

• Your driver’s license, non-driver ID, city ID, and NYS or NYC birth certificates are issued by state and local agencies. 

• New York City and New York State are still changing gender markers on city and state-issued IDs. To change your gender marker on those documents, it’s a relatively simple process called self-attestation. 

• Go to the website for the agency that issues the document — such as the DMV for a driver’s license, or the NYC Health Department for birth certificates. 

• Submit an application for a new document, and check the box for your preferred gender marker.
  
• Pay the application fee, and that’s it, you should get an updated ID sent to you in the mail. 

Federal Documents:

• For federal documents, the answer is less clear. Currently, people are unable to change their gender marker on things like passports and within Social Security documents. But that could change depending on various pending lawsuits.

• You can still change your name on both state and federal identification documents with a name change order issued by a New York State or New York City court. 

• At Legal Services NYC, we frequently help people change their gender markers successfully. Call us at the number below for free legal help or advice.  You can sign up for one of our name change and ID update clinics by completing this form here..

RESOURCES

• Sex Designation Change Basics (NYCourts)
• Gender Designation Amendments (NYS Dept of Health)
• Application for Gender Marker Change on a NYC Birth Certificate (NYC Health)
• Application for Gender Marker Change on a NYS Birth Certificate and the Affidavit of Gender Marker Change (NYS Department of Health)
• Update Gender Marker on New York DMV ID. 
• Correcting Your Gender Marker on State IDs (Callen Lorde)
• Sex Marker in Passports (U.S. State Department)
• Litigation challenging the State Department’s policy to issue passports with people’s assigned sex at birth.