Texas Name and Gender Marker Change Guide

You can find the form on in the forms section of the Social Security Administration website.

You will need to bring at least one of the following as proof of identity:

• U.S. driver’s license
• State-issued non-driver identification card
• U.S. Passport

If you do not have one of the above documents and cannot get one within 10 days, you may use one of the following documents that includes either your photo or your date of birth:

• Employment ID card
• School ID card for the current school year
• Health insurance card or Medicaid card (not a Medicare card)
• Certified copy of your medical records from a clinic, doctor, or hospital
• U.S. military identification card
• Life insurance policy

NOTE: immigrants who qualify for a social security card and minors have different proof of identity requirements. You can learn more on the SSA website or read the full policy in SSA’s Program Operations Manual System (POMS).

In addition to proof of identity, you will need to bring at least one document for proof of name change and proof of gender marker change.

Acceptable documents for proof of name change:

• Marriage document
• Divorce decree
• Certificate of naturalization
• Court order

Acceptable documents for proof of gender marker change:

• Full validity, 10-year U.S. Passport (5-year U.S. Passport for minors) with the new gender marker
• State-issued birth certificate with the new gender marker
• Court order
• Medical certification signed by an MD or DO. Social Security provides a sample letter on their website.

Mail or take all necessary documents in-person to your nearest local SSA office. Social Security will mail original documents back to you if you apply by mail, but it is recommended you complete this step in-person so that you do not have to go without an ID. Find your nearest office using the Social Security Office Locator. 

Always stay polite. If the worker at the Social Security Office doesn’t know about gender marker change, ask to speak to a manager or supervisor. If needed, you may point out the gender marker change policy on the Social Security website in the Program Operations Manual System (POMS) RM 10212.200 Changing Numident Data for Reasons other than Name Change.

NOTE: Social Security offices are still mostly closed to the public due to the COVID-19 pandemic, however they are offering appointments for some in-person services. This means, even if you’re able to get your court order, you may have to wait before you’ll be able to go in and update your social security card. You can find more information on the SSA’s website. 

The form can be found here. 

For proof of name change you may use:

• Marriage license
• Divorce decree
• Annulment
• DSHS marriage verification letter
• Certified court order
• Updated birth certificate
• Certificate of Naturalization

For proof of gender marker change you may use:

• Original certified court order
• Updated birth certificate

You may also need to bring proof of citizenship or immigration status and proof of identity. See a list of acceptable IDs for proof of citizenship or immigration status here. See a list of acceptable IDs for proof of identity here.

Take your application and all necessary documents to your local DPS office to apply in person. You can make an appointment here.

As with Social Security, if the front desk worker doesn’t know about gender marker changes, you can ask to speak to a supervisor or manager. 

Some people have been able to change the gender marker on their Texas driver’s license or non-driver’s ID by using updated out-of-state IDs, or even based on their appearance. However, because DPS says you need a court order or updated birth certificate, you should get a court order before trying to change your ID.

NOTE: Texas DPS offices are offering appointments during COVID-19.You can find more information on the DPS website.

If you’re younger than 26, you may want to look at the Selective Service information below.

The application Form VS-170 can be found here.

• NOTE: In the Fee Schedule on page 1, you should fill in the box for “New Birth Certificate based on child’s sex or parent’s race or color See ‘Correcting the Child’s Sex or Parent’s Race or Color’ on Page 3.” 
• At the bottom of page 4 you should also check the box that says, “We are/I am requesting a new birth certificate be filed to incorporate the correction to the child’s sex or parent’s race or color.”
• This costs $10 more, but it makes sure that Vital Statistics will print a new birth certificate with the changes. Otherwise, Vital Statistics will attach information about the change to your original birth certificate without changing the birth certificate itself.

You will need proof of identity. Texas Vital Statistics has a list of acceptable IDs here. 

You will also need proof of name and/or gender marker change. You need a certified copy of your court order to change both your name and your sex marker.

NOTE: Vital Statistics has previously refused to change birth certificates based on an order for “Gender Identifier Change,” because gender on Texas birth certificates is listed as “Sex.” This is why the forms in this guide are for “Sex/Gender Identifier Change”. That way, you should be able to change all IDs whether they list your gender marker as “Sex” or “Gender”.

You cannot ask for a change to your Texas birth certificate in person. You MUST apply by mail.

• Regularly processed requests are sent by USPS to:

  Texas Vital Statistics
  Department of State Health Services
  P.O. Box 12040
  Austin, TX 78711-2040

• Expedited requests must be sent by overnight mail, such as FedEx, LoneStar, or UPS (NOT USPS) to:
  Texas Vital Statistics
  MC 2096
  1100 W. 49th Street
  Austin, TX 78756

Check the Vital Statistics website or the application form for any changes to the mailing addresses. Processing time for a regular application currently takes about 25-30 days, and expedited applications are processed first. Check for updated processing times here.

A fee schedule may be found on the Vital Statistics website. A regularly processed request costs $37, plus the cost of mailing. An expedited request costs $42, plus the cost of expedited mailing.

NOTE: Because you can only ask for a Texas birth certificate change by mail, COVID-19 should not change anything.

The Form DS-11 is on the Department of State website here.

Simply check the box for the gender marker that you want.

You will need: 

• an ID that matches your current appearance 
• a passport photo that matches your current appearance
• proof of citizenship, and 
• a copy of your court order if you’ve legally changed your name. 

Apply in-person at your nearest passport acceptance facility. Find more information and a fee schedule on the Department of State website.

You can locate your nearest passport acceptance facility here.

On June 30, 2021, the current administration announced changes for U.S. Passports and other documents issued by the Department of State.

You are now able to self-certify your gender on your passport. That means, when you apply, you simply check the box for the gender marker you want on your passport and your passport will be printed with the gender marker you selected. You do not have to submit any other forms or provide any other proof. You can read more on the Department of State’s website here. 

They are also planning to offer a new gender marker, likely an X, in recognition of nonbinary, intersex, and other gender expansive people. However, they have not announced a specific date when an X gender marker will be available.

NOTE: The Department of State has almost completely re-opened. You can find more information about their work during COVID-19 on their website.

Once you’ve changed your name and gender marker, you should be able to renew your passport as normal once it expires, without extra proof like a court order. If you decide to change your name or gender marker again, you’ll need to follow the instructions above to update your passport again, instead of renewing it. Find more information about passport renewal on the Department of State’s website. 

The policy is available in the new USCIS Policy Manual in Volume 11, chapter two, section A.4 and Volume 1, chapter 5, section B.2. 

The policy expressly says that USCIS does not need proof of sex reassignment surgery and that USCIS workers should not ask for any evidence related to surgery.

USCIS will take any one of the following as proof of gender marker change:

• A court order granting change of sex or gender;
• A government-issued document that has the gender you’re asking for on your immigration documents. 
  • Acceptable government-issued documents include an updated birth certificate, passport, driver’s license, or other official document showing identity issued by the U.S. Government, a state or local government in the United States, or a foreign government; or
• A letter from a licensed health care professional saying that the gender you’re asking for is your gender. 
  • Some agencies, like the Department of State for passports, will only accept a letter from a doctor. However, USCIS will take letters from a variety of healthcare professionals including, licensed counselors, nurse practitioners, physician assistants, psychologists, social workers, and therapists.
  • You can find a sample letter in the Appendix to Chapter 5 of the USCIS Policy Manual here.  

However, some immigration workers don’t know about gender marker changes. This means you might get asked inappropriate, invasive, or rude questions, or you might be asked for more evidence of gender marker change than you need to give. It is also expensive to replace immigration documents.

Therefore, you should contact an attorney before trying to change immigration documents on your own.

You can also ask for a name change on your USCIS documents. USCIS will take any one of the following as proof of name change:

• Marriage certificate
• Divorce decree
• Court order

You can also legally change your name when you naturalize to become a U.S. Citizen. You can ask for a name change when you apply to naturalize, and then when you take your citizenship oath with a judge, the judge can legally change your name at the same time.

If you’re going to naturalize soon, you might not need to get a court order for name or gender marker change. You would be able to change your name during your naturalization and could change your gender marker using a letter from a licensed health care professional instead. You can then use your updated Certificate of Naturalization to apply to have your other Texas and U.S. IDs updated. It’s up to you how to move forward, and you can ask an attorney for more help.

To change your voter registration, see the Vote Texas website. If you only changed your name and you live in the same county, you can change your information online at Voter Name and Address Changes.

If you’ve already changed your Texas driver’s license or state ID, you may have updated your voter registration simultaneously. You can check your registration information at Am I Registered? 

NOTE: Jury wheels in Texas are made up of two lists—a list of registered voters and a list of U.S. citizens, 18 or older, who have a valid Texas driver’s license or non-driver’s ID. Unless you are exempt from jury service, your old name may remain on the jury wheel, and you may receive a summons under your old name until you update both your driver’s license (or state ID) and voter registration.  The jury wheel is only updated once per year, so you may receive a summons under your old name if you’re called before the wheel gets updated. 

Most financial accounts do not track your gender, but you should still change your name on bank accounts, credit cards, loans, mortgages, etc.

You should not need to change your name directly with the three credit reporting agencies (Experian, TransUnion, and Equifax). The credit reporting agencies will continue to list your old name as long as they continue to receive reports from your creditors under your old name. Therefore, it is most important that you update your name with every creditor individually. Even after changing your name with every creditor, your old name may still show on your credit report for several years.

For student loans, it is usually easiest when you change your name and gender marker either before you start applying to college or university, or after you’ve graduated from higher education. If you change your name before applying, then the college or university will have your chosen name from the beginning and your loans and financial aid can be issued under that name. If you wait until after you’ve graduated or finished, then you should only have to update your name and gender marker with your loan providers.

If you change your name and gender marker while enrolled in higher education, it may take additional work. You will have to update your information with your educational institution, with FAFSA, and with your loan providers. It can be confusing to manage and coordinate so many different pieces of information, and if any information is inconsistent it may result in delays or problems receiving your student loans or financial aid. Be prepared to advocate for yourself and update all your information as quickly as possible. 

Selective Service requirements can also affect your ability to receive financial aid—see Updating Military Records: Name and Gender Marker Changes.

If you owned land or a home before your name change, the title will be under your old name. It is hard to change a deed in Texas, although you may not need to change yours. You should keep a copy of your court order in case you need to prove that you are the person listed in the deed. However, if your deed stays under your old name you may continue to receive property tax bills under your old name.

To change your deed, you would likely need to have a new deed prepared “transferring” the property from yourself under your old name, to yourself under your new name. You should contact an experienced real estate attorney for more information. If you ever sold your property, whatever real estate or title companies you work with should be able to help you update the title, if it needs to be updated for the sale.

The Texas Motor Vehicle Title Manual can be found on the Department of Motor Vehicles website's Publications & Manuals section, under TAC, Tax-Assessor Collectors, Motor Vehicle Title Manual. 

Under 16.12 Change of Name, you should apply for corrected title and include both your original title and a certified copy of your court order for name change. Use Form 130-U, which comes with detailed instructions labeled VTR-130-UIF. Both can be found in the Forms section of the DMV website.

If there is still a lien on your car, you may have to work with your lienholder to get a certified copy of your original title.

If you have your own will, you should contact an attorney to discuss whether you need to update it. Your will may need to include both your old name and your new name, just in case any of your property is still listed under your old name. 

If you are named in another person’s will, this may or may not affect your ability to inherit. A court will likely have to decide on a case-by-case basis what to do. You should still be able to use your court order to prove that you’re the person listed in the will. However, other potential heirs may try to argue that, because your name doesn’t match, you shouldn’t be able to inherit. That way they can get a larger share. You should ask anyone has named you in their will to discuss with their attorney whether they should have their will updated.

Any licensed professionals (attorneys, medical providers, pharmacists, insurance agents, cosmetologists, etc.) should contact your licensing board or organization for information on updating your license. 

Updating employment documents and records will depend on your employer. Larger employers may already have name and gender marker change policies in place. The HR Department is a good place to start, if your employer has one and you feel comfortable speaking to them. Otherwise, talk to your direct manager or supervisor. If you experience discrimination in employment because of your gender identity you should contact an attorney.

Updating educational records is a decision made on a school-by-school basis. Refusing to use your chosen name and pronouns or to update your educational records may violate federal laws like Title IX and FERPA. If you experience discrimination in education or a school refuses to update your records, you should contact an attorney. 

If you get Medicare or Medicaid, then the gender marker listed on your insurance may be changed when you update Social Security. Otherwise, you can contact your Medicare or Medicaid provider, or other private insurance provider, about updating your name and gender marker. 

Your health insurance should provide the same coverage regardless of your gender marker. However, sometimes insurance companies won’t pay for care when they think your gender marker doesn’t match with the services you received. You should work with your provider or contact your plan to try to fix the denial. You can also ask an attorney for advice or more help. See the Transgender Legal Defense & Education Fund’s Trans Health Project for more information about health insurance.

Read Updating Military Records: Name and Gender Marker Changes for guidance on updating military and Selective Service records, with a focus on name and gender marker changes.