Federal Documents
This section contains information about needed policy changes at the federal level relating to documentation and information about how to change your information with Social Security and on your passport.
Federal Policy Changes
ID DOCUMENTS and RECORDS
As the federal government requires the use of identification for more purposes, it is becoming increasingly difficult for many transgender people to access accurate documents. Without the consistent identification that many people take for granted, it can be impossible to travel, open a bank account, or apply for a job. The Bush administration implemented ideologically-driven restrictions for changing ID, making it especially difficult to access passports and social security accounts, which are “gateway” documents that can impact ability to acquire other forms of ID. Also, transgender people are severely impacted, as employers are increasingly required to match employees’ personal data with SSA accounts to verify work status. Both strong privacy policies and gender change rules that take into account evolving medical standards are necessary for transgender people to fully participate in society.
- Repeal REAL ID Act. Congress should repeal the REAL ID Act, which, among other things, imposes federal standards for state drivers licenses and state ID cards.
- Passport Policies. The Department of State should update its policy for changing gender designations on passports in accordance with evolving medical standards to eliminate the current requirement for sex reassignment surgery.
- CRBA Policies. The Department of State should update its policy in accordance with evolving medical standards to eliminate the current surgery requirement to change a Consular Report of Birth Abroad (CRBA), a birth certificate for U.S. citizens who are born in other countries.
- Federal Building Protocols. The federal government should provide protocols and training for federal building security personnel regarding transgender people and appropriate identification requirements.
- Social Security Policies. The Social Security Administration (SSA) should update its policy for changing gender designations in SSA records that eliminates the current requirement of surgery in accordance with evolving medical standards.
- Voting Rights. The Department of Justice (DOJ) should develop and implement regulations prohibiting poll workers from denying voters their right to vote based on gender expression or a real or perceived inconsistency between appearance and the gender designations on the voter’s ID card.
- Model Vital Statistics Act Update. The National Center for Health Statistics (NCHS) should update the Model Vital Statistics Act to eliminate the surgical requirement for changing the gender designation on birth certificates. Additionally, the discretion of the State Registrars to reject the requested change should be removed from the Model Vital Statistics Act Regulations.
Changing Your Documentation
Social Security
Name Change
To change your name in the Social Security Administration (SSA) records, provide the following at your local SSA office. All documents need to be originals or certified copies by the issuing agency. You can find the nearest SSA office at the Social Security website.
- A completed Form SS-5, “Application For A Social Security Card.”
- Proof of identity. One or more identity documents in your new legal name, such as driver license, passport, state-issued ID, etc. These documents must show your current legal name.
- Proof of former identity. One or more identity documents in your former name. These documents can be expired.
- Proof of legal name change, such as your court order for legal name change, marriage document, divorce decree, or Certificate of Naturalization.
- If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship. Note: Your birth certificate or other document establishing citizenship does not need to show your current name or gender, but you will need to show proof that you are the same person. In most circumstances this will be the same as #4 above.
- If you are a non-citizen, you will need to show documents proving your immigration status and work eligibility. These documents could include Form I-551, I-94 with unexpired foreign passport, and/or work permit card (I-766 or I-688B). Because there are many types and combinations of qualifying documents for non-citizens, you should call SSA to confirm that your documents qualify.
Gender Change
To change your name in the Social Security Administration (SSA) records, provide the following at your local SSA office. All documents need to be originals or certified copies by the issuing agency. You can find the nearest SSA office at the Social Security website.
- A completed Form SS-5 “Application For A Social Security Card.”
- Proof of identity. One or more identity documents in your new legal name, such as, a driver license, passport, state-issued ID, etc. These documents must show your current legal name.
- A letter from the surgeon or attending physician verifying sex change surgery has been completed. This letter must clearly identify you as the person changing their gender marker.
- If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship. Note: your birth certificate or other document establishing citizenship does not need to show your current name or gender. However, you will need to show proof that you are the same person, such as with a court order for legal name change.
- If you are a non-citizen, you will need to show documents proving your immigration status and work eligibility, such as, Form I-551, I-94 with unexpired foreign passport, and/or work permit card (I-766 or I-688B). Because there are many types and combinations of qualifying documents for non-citizens, you should call SSA to confirm that your documents qualify.
Additional Information for Social Security Name and Gender Changes
One document can be used for two purposes, such as a passport to both establish identity and prove U.S. citizenship.
Your Social Security card is not required when changing your information, but can be helpful.
For more information, see this Social Security Administration webpage on name changes.
For more information on providing proof of citizenship and identity, see this SSA webpage.
To obtain a copy of your birth certificate, write or visit the Bureau of Vital Statistics in the state you were born in. For a complete listing by state, go to the National Center for Vital Statistics website.
While it is possible to mail in your application for name and gender changes, it requires sending originals of your current identity documents. Most people will likely find sending their driver license, or other ID, an impractical undertaking. If you live in the New York City Metropolitan area, Phoenix AZ, or Las Vegas NV, you cannot mail in your application and must go to the SSA office in-person.
Please contact NCTE if you have recently had problems (or notable success) changing your social security information. We are working hard on identity document issues and your help assists us in creating beneficial policy change.
Passports
The U.S. State Department has made changes over the past year, which make it significantly easier for transgender people to update their name and gender marker, without requiring surgery. For the latest information about obtaining or changing a passport, please consult our resource.