Movement Advancement Project

[Movement Advancement Project]

Identity Document Laws and Policies: Birth Certificate

Birth certificate laws govern the process by which a state changes a gender marker on a person’s birth certificate. Many transgender people choose to revise the gender marker on their identity documents so that it matches the gender they live every day. 

The processes by which an individual can change the gender marker on their driver’s license and/or birth certificate to accurately reflect their gender identity are governed by state laws and administrative polices and often include intrusive and outdated requirements, such as proof of sex reassignment surgery and court orders. According to the National Center for Transgender Equality, burdensome requirements and prohibitive costs prevent the majority of transgender individuals from obtaining accurate identity documents.

For more information, please see the National Center for Transgender Equality’s Identity Documents Center.

[Movement Advancement Project]

Identity Document Laws and Policies: Driver’s License

Driver’s license policies govern the process by which a state changes a gender marker on a person’s driver’s license. Many transgender people choose to revise the gender marker on their identity documents so that it matches the gender they live every day.

The processes by which an individual can change the gender marker on their driver’s license and/or birth certificate to accurately reflect their gender identity are governed by state laws and administrative polices and often include intrusive and outdated requirements, such as proof of sex reassignment surgery and court orders. According to the National Center for Transgender Equality, burdensome requirements and prohibitive costs prevent the majority of transgender individuals from obtaining accurate identity documents.

For more information, please see the National Center for Transgender Equality’s Identity Documents Center.

[Movement Advancement Project]

Identity Document Laws and Policies: Name Change

Many transgender people choose to change their legal name to match the name and gender they live every day. Name change policies control the process by which an individual can change their legal name on identity documents. 

While state laws generally allow individuals to change their name for any non-criminal purpose, many states maintain outdated and burdensome requirements that create substantial barriers to achieving a legal name change. One of the most common and most problematic legal name change requirements throughout state laws is a requirement that a person publicize his or her name change. Many states require that applicants must publish notice at the local courthouse or in the newspaper sharing that they filed a petition requesting a legal name change. Another significant barrier exists in the many states that have additional rules and regulations when the person requesting a name change has a criminal record. 

For more information, please see the National Center for Transgender Equality’s Identity Documents Center.

[Movement Advancement Project]

Did you know? 24 states have hostile ID documents laws that restrict access to accurate IDs 

Learn more at http://www.lgbtmap.org/mapping-trans-equality