How To Change Your Legal Name and Gender Marker

There are several reasons you may want to legally change your name or gender marker. Maybe you’re in the process of a gender transition. Or maybe you’re transgender or non-conforming and want to be identified properly according to your gender identity. Whatever the reason, this overview will help you understand the steps to take to accomplish that goal. Keep reading to learn how to legally change your name and gender designation on important government documents. 

Each state has varying requirements. If you’re not a U.S. citizen, there are different rules, and you’ll need to contact your local government office to determine what you need to do. Also, if you’re a minor, you’ll need the help of at least one of your parents.

If a judge questions the request, an agency refuses to update a record, or an employer doesn’t acknowledge the change, legal help is available. An attorney near you can advocate for your rights and intervene on your behalf.

Legal Name Changes

In most states, the first step to legally changing your name is to obtain the appropriate form, which is usually called a petition for change of name. A lawyer isn’t typically needed to navigate the name change process. You’ll likely have to pay a fee, though, when you submit your name change form to the court. In some states, you can even change your gender at the same time as you change your name.

What Can You Change Your Name To?

In general, you can change your name to anything you want. You can’t change your name to avoid paying debts or to commit fraud, though. Also, you might need to work with a lawyer if you:

• Lost a lawsuit and have a civil judgment against you
• Have a felony conviction
• Currently owe back taxes
• Have defaulted on credit
• Have declared declared bankruptcy

What Happens After You Submit Your Name Change Form?

After you submit your name change form and pay the associated filing fee to the court clerk (if you can’t afford the fee, you may be able to get a fee waiver), you’ll receive a notice requiring you to appear in court at a set date and time.

At your court hearing, a judge will ask you some questions to make sure you’re seeking your name change for reasons that are legal. You might also need to bring witnesses who can confirm your identity and good character.

If the judge approves your name change request, you can then use the order issued by the court to legally change your name for other purposes. It’s a good idea to get several certified copies of your name change order at the time of your court hearing, since many places won’t accept photocopied or notarized copies of the order.

Legal Name Change Checklist

A judge’s issuance of an order approving your name change is just the first step to being able to be fully recognized by your new name. Most agencies that you do business with are used to identifying you by your old name. You’ll need to contact them to update your information.

Identity Documents and Other Vital Records

• U.S. Social Security Card
• Passport
• Driver’s license
• Government-issued state ID card (or other identification documents)
• Voter registration
• Immigration documents
• New birth certificate

Legal Documents

• Will
• Power of attorney
• Healthcare directive
• Living trust

Employment Documents

• Employee records
• Employee directory
• Name in client or customer records

Financial Documents

• Bank accounts (including ordering new paper checks)
• Credit cards
• Investment accounts (pension, 401k, etc.)
• Utilities
• Insurance
• Vehicle title/registration
• Vehicle loans
• School loans
• Mortgage or lease

Health Documents

• Medical records
• Pharmacy records

Online Accounts

• Payment services
• Social media accounts, if you wish
• E-mail accounts

Memberships

• Library card
• Alumni associations
• Auto clubs
• Gym/fitness
• Activism

Loyalty programs

• Airlines
• Hotel

Changing Your Gender Marker

The process for your gender marker change varies depending on whether you’re changing state or federal documents. Passport changes are controlled by the federal government, for instance, while changes to birth certificates and driver’s licenses are controlled by state governments.

Gender Markers on U.S. Passports

There have been recent legal changes regarding the gender marker “X” on U.S. passports. In January 2025, the Trump administration issued an executive order ending “X” markers on passports and requiring passports to show an individual’s sex assigned at birth.

In June 2025, a lower court blocked the rule, meaning it could not be enforced. But in November 2025, the U.S. Supreme Court issued a stay, reinstating the more restrictive rule. This means that since November 6, 2025, all new passports must show assigned sex at birth. “X” markers are no longer available unless there are further legal changes.

Existing passports with an “X” marker are still valid until their expiration date. But any new, renewed, or replacement passports must follow the newly reinstated federal policy. If you have a pending passport application, expect delays.

For up-to-date information, visit travel.state.gov.

Changing Your Gender Marker on State Documents

Changing the gender marker on your birth certificate or driver’s license is governed by the laws of the state where you were born. These laws vary significantly. Some states require a letter from your doctor confirming your gender transition, and/or require a court order, to change a gender marker. Other states have more flexible requirements.

Can an Attorney Help Me Change My Name and Gender Marker? 

While not required, an attorney can give you legal advice and guide you through the steps to legally change your name and gender marker. 

This process can look simple on paper, but can get complicated fast. This is especially true when multiple agencies or documents are involved. Your state’s laws also impact the process. Getting help from a lawyer can make changing your name or gender marker less overwhelming and more efficient. 

FindLaw’s directory of family law attorneys can get you started. Enter your location (city or ZIP code) for a list of qualified legal professionals in your area. Because state law is relevant, your attorney should be licensed in your state. Your search results will show important details about prospective lawyers, including ratings and whether they offer free consultations.