Can I still change my gender marker on my passport?

Yes, thanks to a recent ACLU court case (Orr v. Trump) and recent court order, as of June 2025, you can currently update your U.S.-issued passport to reflect your correct gender marker. (Learn more about the case and resources at the ACLU.)

If you are an NYC resident living on low or no income and have questions about this process, please contact Legal Services NYC for more information about how to update your gender marker on your U.S.-issued passport by calling us Monday-Friday between 10am and 4pm at (917) 661-4500.

Is it safe to update my passport?

Whether or not you should attempt to update your passport to correct your gender marker depends on your risk tolerance and individual circumstances. The most significant risk to applying is that if you are seeking a correction or renewing a passport, you will have to surrender your current passport, and we are not certain how long it will take to receive a new passport listing your correct gender marker.

Please note that you may elect an M, F, or X sex designation on your passport, but to get the relief promised by the court in Orr v. Trump, you will have to identify yourself as a member of the class who is entitled to protection of the court’s order UNLESS you are applying for the first time, and all of the supporting documentation.

How long will it take?

We do not know how long this will be the case and encourage you to act fast if you plan to file a new application! We strongly recommend submitting your application as soon as possible this may increase the likelihood of receiving a passport before any potential appellate intervention occurs. For new applications (Form DS 11) we strongly recommend applying in person and new and renewal applications (Forms DS 11 and DS 82) we strongly recommend paying the $60 fee to expedite processing.

How do I change my gender marker on my U.S.-issued passport?

Passports are issued by the federal government and these rules apply to anyone eligible to get, renew, or replace a passport. PLEASE use the most recently issued forms available on the State Department’s website, as they may be updated to comply with the Court’s order in Orr v. Trump. The most recent forms are available here.

This is a guide to updating your gender marker on your U.S.-issued passport if you are a member of the TGNCNB+ community and:

• You renewed your passport within the past year (June 2024 or later) and the State Department issued you a new passport with the wrong gender marker;
• You have a passport that expired within the past five years OR your passport will expire in less than a year; or
• You are applying for a passport for the first time (including a parent applying for a minor child) OR if your most recently issued passport was lost, stolen, damaged, issued over 15 years ago, or issued when you were under age 16.

We will also cover what to do if you need to travel soon, and what next steps to take after submitting your application.

If you renewed your passport within the past year (June 2024 or later) and the State Department issued you a new passport with the wrong gender marker:

This application must be completed on paper and mailed into the passport processing center. Your mailing should include:

• A completed form DS-5504 which may be filled out online here
• Your current passport (you will need to surrender your passport – take clear photos of it for your record before mailing it in)
• One color passport photo
• Evidence of the error (e.g. your state ID showing your preferred gender marker)
• You will not have to submit any fees
• Signed attestation that you are a class member of Orr v. Trump
• If you have a passport that expired within the past five years AND your passport lists your correct gender marker OR if your passport will expire in less than a year AND your passport lists your correct gender marker:

We strongly recommend filing online for faster service and to avoid the cost of mailing! The application may be completed online here if you are eligible. You will still need to submit the list below, but can do so online and can pay the fees via credit or debit card.

If you choose to send in a hard copy application or are otherwise not eligible to new online, please send:

• A completed form DS-82 which may be filled out online here (note that the form currently only allows the selection of F or M as a gender marker)
• Your current passport
• One color photo
• Court ordered name change (if your name has changed)
• Signed attestation that you are a class member of Orr v. Trump
• Fees: $130 application fee + $60 expediting fee = $190 DO NOT SEND CASH! Please make a check payable to “U.S. Department of State” and list the full name and date of birth of the applicant in the top center of the check like this:

If you are applying for a passport for the first time OR if your most recently issued passport was lost, stolen, or damaged, or issued over 15 years ago, or issued when you were under age 16:

PLEASE if possible, consider applying to update all of your supporting documents first to reflect your accurate gender marker – this includes your birth certificate and your state issued ID. If this is not possible, use the Orr v. Trump class member attestation.

We recommend applying in person, as this can save several weeks of time. To get started, call 1-877-487-2778 from 8:00 a.m. to 10:00 p.m. ET, Mondays through Fridays to schedule an appointment.

• A completed DS-11
• Proof of citizenship (US issued birth certificate, certificate of naturalization, or certificate of citizenship – other options listed on the form)
• Proof of identity (State issued photo ID, former passport if expired for more than five years or damaged – other options listed on form)
• One color photo
• Court ordered name change (if your name has changed)
• Fees: $130 application fee + $35 acceptance fee + $60 expediting fee = $225.  Please make a check payable to “U.S. Department of State” and list the full name and date of birth of the applicant in the top center of the check (see above)

NOTE: if you renew or apply for the first time and receive a passport with an incorrect gender marker, follow the steps about to correct the data error.

If you need to travel soon:

• List your travel dates (if booked) on your applications and forms submitted to the State Department
• Contact your local Senator and Representatives for assistance, their information may be found here

Next steps after submitting your application:

After you submit your application, call the National Passport Information Center at 1-877-487-2778 to track its progress and to request updates on State Department policy, if any. You may also consider reaching out to your Congressional and Senate representatives for assistance, their information may be found here and you can contact their offices for assistance in getting the process expedited.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.