by Ash Neufeldt (she) and Mark Lester (he)
The purpose of this post is to provide a broad stroke overview on the processes of changing your name and gender for U.S. passports, Colorado driver’s licenses and birth certificates, and U.S. social security numbers (SSN). And frankly, this post is difficult to write, because the landscape continues to shift.Â
U.S. v. State IDs
If you are undergoing name or gender changes, it is first important to know which documents are federal v. which ones are state.
Federal documents discussed in this post include:
U.S. Passports
Social Security Card
State documents discussed in this post include:
Birth certificates
Driver Licenses
ID cards
IMPORTANT: The federal government cannot force state or local governments to change their gender identification policies. Your right to change your name and gender on state documents will not be affected by executive orders, as these are directives to federal agencies.Â
Changing Your Name on State and Federal Documents
The first step to change your name in Colorado (and on federal documents if you live in Colorado) is filing the following forms with your county court:Â
JDF 433 (Petition)
JDF 426 (Order for Publication)
JDF 427 (Public Notice of Petition to Change Name)
JDF 448 (Final Decree for Change of Name)
If you are changing your name to better reflect your gender identity, the publication requirement is waived in Colorado, but you still have to file the Order for Publication form.
Once you receive the final decree of your name change from the county court, you should change your name with the Social Security Administration before updating any other documents. You can do this with Form SS-5 available from the Social Security Administration or the Change name with Social Security webpage.Â
With your updated Social Security Card and court order of name change, you can update your Colorado driver license or ID card at any state DMV location. Additionally, you can apply to renew your current passport or apply for a new passport with your updated Social Security Card and court order of name change.
If you were born in Colorado, you can also change your name on your birth certificate by filing a Birth Certificate Correction Form with the Office of Vital Records in the Colorado Department of Public Health and Environment. If you were born in a different state, your ability to change your name on your birth certificate will vary based on the state that issued your birth certificate.
Changing your Gender on State and Federal Documents
To change your gender marker in Colorado, submit the DR 2083 Sex Designation Form to a state DMV office for your driver license and to the Office of Vital Records in the Colorado Department of Public Health and Environment for your birth certificate. A correction form and copy of your ID are also required to amend your birth certificate. This can be submitted together with documentation of your name change to either the DMV or Office of Vital Records.Â
IMPORTANT: This only applies to changing your gender marker the first time. The process to do so additional times requires a court order in addition to these steps.Â
The current policy of the U.S. government is that all federal identity markers must indicate one’s biological sex. This includes Social Security and U.S. passports.Â
If your federal documents already have an amended gender marker, they are still valid until the expiration date. You do not need to change amended federal documents back to reflect biological sex. However, if you are seeking new or renewed federal documents, the U.S. government now requires that all federal documents must indicate one’s biological sex.Â
Need Help?
At RMEQ, we cannot provide legal guidance on what decisions you make, but if you are looking to change your name and gender on your documents, we can guide you through the process. For further info, please reach out to assistancprogram@rmequality.org.Â
***This post is meant to give an overview of the processes as they currently stand and is not legal advice.