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: Massachusetts Gay and Lesbian Legal Briefs

Gender & Identity: A How-To Series About Changing Your Personal Legal Identification and Documents (PART 1 OF 4)

By Christopher Vaughn-Martel

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For better or worse, our legal IDs and documentation often define who we are. Whether it is a social security card, a passport, a driver's license, or employee security badge, our legal documentation provides us with rights, privileges and access to society and its institutions. It tells the world who we are and affirms who we know ourselves to be.

The following four-part series is meant to provide a basic framework for transgender persons whose legal documentation no longer reflects their actual sex/gender identity.

Social Security Cards. Because Social Security cards are issued by the federal government, the procedure for obtaining a new Social Security card is the same in every state. To apply for a Corrected Card, you must obtain and fill out Form SS-5 by calling 1-800-772-1213, visiting www.ssa.gov, or by visiting your local Social Security office.

In order to effectuate a change of name, you will need to provide at least one document that shows your old name and at least one document that shows your new name. If possible, it is best to provide either photographic documentation or documentation which contains sufficient information (name, age, date of birth, parents' names, etc.) to identify you.

Documents acceptable to the Social Security Administration include a driver's license, employer ID card, passport, adoption record, marriage/divorce record, school ID card, health insurance card, etc. Documents must be either originals or copies certified by the issuing agency. All documents will be returned to you.

There is no fee for changing the name on your Social Security card, and you should receive your new card within two weeks.

In order to change the gender designation on your Social Security card, you must be able to provide a letter from an attending physician or surgeon verifying that "sex change surgery has been completed". This requirement is not uniformly enforced, and a letter from a health care provider stating that the applicant is undergoing treatment may suffice.

Passports. Because passports are issued by the federal government, the procedure for changing one's name and sex designation is uniform regardless of your state of residence.

In order to effectuate a change of name and sex designation on your passport, a person must obtain and fill out the appropriate form from the United States Department of State website. If it has been less than one year since a current passport was issued, a person can request a new passport free-of-charge by filling out Form DS-5504. If it has been over a year since a current passport was issued, a person must fill out Form DS-82 and pay a $67.00 fee.

In order to obtain a change of name, an applicant must enclose a certified copy of the court decree granting the name change. For a change of sex designation, an applicant must enclosea certified copy of his or her new birth certificate, reflecting the change of sex.

For further information, visit http://travel.state.gov or visit the National Passport Information Center.

For a more specific discussion about Requesting a Change of Name in the Probate Court, Amended Driver's License, and Amended Birth Certificate in Massachusetts, see our upcoming Articles.

The information contained in this article is derived largely from the Transgender Legal Issues pamphlet published by GLAD, which can be viewed in its entirety here.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on September 30, 2008 (boomark / email).