Identity Documents FAQ

…or, I changed my name, now what?

What is an “identity document”?

• Any document commonly used to prove your identity such as a picture ID, driver's license, passport, Real ID, Enhanced ID, birth certificate, Social Security Card, etc.

Can I correct the name on my identity documents now that I have legally changed my name?

• Yes, most entities that issue identity documents such as the NYS Dept. of Health (birth certificates) and the NYSDMV, allow you to change the name on your identity document though you will need to prove the name change by presenting a certified copy of the court order that changed your name.

Do I have to correct my name?

• You are not required to change your name on your existing identity documents.
• However, when those documents expire and you go to renew them, you will have to fill out a form that will require that you report your name change.
• Also, having identity documents that are not in alignment in terms of name used may be confusing or cause suspicion on the part of a prospective employer or police authority. For example, if your gender expression as seen in your picture ID, leans toward the traditionally feminine but your name and gender marker are male, that could raise suspicion with a police officer who pulled you over for speeding or a customs official at the Canadian border.

 What do I do during while I am waiting for me new ID documents to arrive?

• At all times you should have with you a certified copy of your birth certificate and a certified copy of the court order that changed you name. These documents, together with any un-expired ID you have should enable you to explain any temporary differences in your identity documents.

How do I change gender markers on my identity documents?

• Each entity that issues identity documents such as the US State Department in the case of passports, will have their own rules for correcting the gender marker on the documents they issue.

 Birth Certificates: Some states will require a court order to allow you to correct the gender marker on your birth certificate, others, like NY, require no more than a statement from you that you are not committing a fraud. Still other states may not allow you to change the gender marker on your birth certificate. Some states will require that you have had certain medical procedures. You need to provide a certified copy of your name change order to change the name on your birth certificate in NY.

Passports:  This matter is currently in litigation and the situation is changing rapidly. Currently, as of 6/18/2025, the District Court has ordered that the State Dept. issue passports to trans and non-binary persons using the gender marker they request regardless of whether it matches the marker assigned to them at birth. This was a major victory in this case for our community however, the decision will be appealed and the court may stay the current order pending the outcome of the appeal. A “stay” means to delay the order going into effect until the appeal is completed. If the Order is not stayed, there will potentially be a brief period when people can get a passport with the gender marker they want. If the order is overturned on appeal or stayed, then the Trump administration’s Executive Order relevant to this issue will remain in effect. That would mean that the gender marker on your passport must match the gender marker assigned to you at birth. This is true even if you have corrected your birth certificate.

Enhanced ID (EID): The NYS DMV can issue you an enhanced ID (cost +/- $40) which will allow you to travel back and forth to Mexico or Canada without a passport, but only if you travel by land or sea (not air). In NY, you may correct the gender marker on an EID, no medical proof is needed. You can also correct the name using a certified name change court order. An EID will also allow you to board any domestic flight.

Social Security Card: You can correct the name (using name change court order) but you cannot change the gender with which you are associated within the social security system.

Should I correct my identity documents to the extent allowed under current law?

• We do not know what the future holds for gender diverse persons. We do know that the administration and an alarming number of state legislators and governors are extremely hostile to our community. This is not the best time in US history to let the government know that you are trans.
• Changing your name on federal documents like your SS card and your passport is still allowed but unless you are using gender neutral names, a change of name on your ID documents may signal to the government that you are trans. This could have potential consequences we are unable to predict.

Our Recommendations:

• If you are not planning to travel out of the country and do not need a passport, there is no reason to get one and by doing so, identify to the authorities that you are trans.  If you already have a passport with the correct name and gender marker, keep it but understand that when it expires and you apply for renewal, the State Dept. will likely change your gender marker back to what was assigned to you at birth depending on the outcome of litigation. Whether or not to apply for a passport, renew an expiring passport or apply for a corrected passport depends on your personal risk tolerance and your individual circumstances.
• You are under no obligation to correct the name on your social security card. However, having a different name on your SS card vs. your ID may cause you trouble when applying for jobs as any search of the records will reveal a mismatch in terms of your name and possibly, your gender marker. You may be able to avoid this stumbling block by including your former name when filling out job applicants: “Jane Smith, f/k/a John Smith”, “f/k/a” means “formerly known as”.
• Our strongest recommendation, especially for folks who live in upstate NY is to get an Enhanced ID so that you will have a picture ID where the gender presented by your photo, the gender marker and the name will all be in alignment. And if there is an emergency need for you to leave the country, an Enhanced ID will allow you to get to Canada and Mexico (by land or sea) even if you do not have a passport.
• If you do travel abroad, consider leaving your phone at home and using a temporary phone (several affordable options exist) that is clean of any social media data, photos, texts, emails or contacts which are political in nature. Customs officials have unusually broad authority to conduct searches at points of entry, including cell phone data. If your phone is full of data documenting your negative feelings regarding the current administration, you could be targeted for further harassment.