Gender marker change guide
Gender marker update rules vary by document type and state. This guide explains the difference between court orders, DMV/ID updates, passport changes, and birth certificate amendments, along with M/F/X availability examples.
Document types and gender marker updates
Gender marker changes are handled by different agencies depending on the document:
- Court order: Some states require or allow a court order for gender marker changes, which can then be used to update other documents.
- Driver license / state ID: Handled by your state DMV. Requirements and available options vary by state.
- U.S. Passport: Handled by the State Department. Self-selection of M, F, or X is available.
- Birth certificate: Handled by the state vital records office where you were born. Requirements vary significantly by state.
States with M/F/X availability and self-attestation
The following states support M, F, and X gender markers on driver licenses and/or birth certificates with self-attestation (no medical proof required):
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
States with restricted gender marker update paths
Some states currently have restricted or 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.
Frequently asked questions
What is a gender marker?
A gender marker (also called sex designation) is the field on identity documents such as driver licenses, birth certificates, and passports that indicates gender. Depending on the state and document type, options may include M (male), F (female), X (nonbinary/unspecified), or other designations.
Do I need a court order to change my gender marker?
Not always. Many states allow gender marker changes on driver licenses and birth certificates through administrative processes without a court order. Some states require a court order for certain document types. The requirements vary significantly by state and document type.
What does "self-attestation" mean for gender marker changes?
Self-attestation means you can change your gender marker by declaring your gender identity on the relevant form, without providing medical proof, a doctor's letter, or other external documentation. Several states now allow self-attestation for driver licenses and/or birth certificates.
Which states support the X gender marker on driver licenses?
As of 2026, many states support M, F, and X on driver licenses, including California, Illinois, New York, New Jersey, Massachusetts, Washington, Oregon, and Pennsylvania. Availability is subject to change, so verify with your state's DMV.
Can I update my gender marker on my passport?
Yes. The U.S. State Department allows self-selection of gender (M, F, or X) on passport applications without medical documentation. This is a federal policy that applies regardless of your state of residence.
What if my state restricts gender marker changes?
Some states have restricted or unclear paths for gender marker changes on state-issued documents. In these cases, you may still be able to update your federal documents (passport, Social Security) through their respective processes. Consult with the relevant agencies or a legal professional for current options.
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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