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LGBT Law

This legal research guide provides information on legal issues relevant to the LGBT community.

Name & Gender Marker Changes


Overview

According to the National Center for Transgender Equality's ID Documents Center

Texas does not have a specific gender change provision in statute, and therefore some counties and judges are averse to issuing the necessary court orders.

Even though the law does not exactly say how to get a court order to change your gender marker, we have compiled information below to guide you through the process.

Note As of August 20, 2024, the Texas Department of Public Safety (DPS) no longer accepts court orders that change the sex of an individual or "combined" orders that issue a name change and a gender marker change in the same document. This means that you may not be able to change the gender marker on your driver's license or state ID.

In addition, the Texas Department of Health and Human Services no longer has a process for changing the sex on a birth certificate, except for errors or inaccuracies. They also do not list a process for changing the sex of an adult. This means that you may not be able to change the gender marker on your Texas birth certificate, even with a valid court order. 

Obtaining a Court Order

An important step in changing your identifying documents to accurately reflect your gender is to get a court order. There is not an "official" form to ask the court for an order changing your gender marker, but Texas attorneys have developed sample forms you may be able to use.

If you only want to change your name, please see our guide to Name Changes in Texas.

Forms:

Sample Letters:

Legal Help for Gender Marker Changes

If you need help filling out forms for a gender marker change, there are some groups you can contact:

Changing Identity Documents

Once you have a court order to change your name and/or gender marker, you will need to change your identifying documents.

Note As of August 20, 2024, the Texas Department of Public Safety (DPS) no longer accepts court orders that change the sex of an individual or "combined" orders that issue a name change and a gender marker change in the same document. This means that you may not be able to change the gender marker on your driver's license or state ID.

In addition, the Texas Department of Health and Human Services no longer has a process for changing the sex on a birth certificate, except for errors or inaccuracies. They also do not list a process for changing the sex of an adult. This means that you may not be able to change the gender marker on your Texas birth certificate, even with a valid court order. 

Social Security

United States Passport

Immigration Documents