Federal, the same in every state
US passport
Change detected, under review. An official source this page relies on changed recently. Part of this page may be out of date until we review it.
- Update your name
- YesAfter your legal name change
- Gender markerThe sex or gender field (M, F, or X) printed on an ID document or stored in an agency's record.
- NoCannot be changed right now
As of September 2026, new and renewed US passports are issued only with the sex listed on your original birth certificate. You cannot select M, F, or X yourself. This is being litigated (Orr v. Trump); a nationwide court order that briefly restored self-selection was put on hold by the Supreme Court in November 2025. Passports already issued with a corrected marker or an X remain valid until they expire. Name changes are still processed normally.
- Main cost
- $130
Draft from official sources, September 23, 2026. Not yet checked by a person. How we verify
In court: Orr v. Trump
The restrictive policy is being enforced. Applications are issued with birth sex. Watch this page; if the district court rules for the plaintiffs after summary judgment, self-selection could return, and the government would likely appeal again.[1][2][3]
About this case
ACLU class action challenging the sex-at-birth passport policy. Preliminary relief for all trans, nonbinary, and intersex applicants was granted June 17, 2025; the Supreme Court stayed it November 6, 2025 pending appeal.
U.S. District Court for the District of Massachusetts; stay granted by the U.S. Supreme Court (No. 25A319). Last update 2026-01-06. Case page
On this page
How it works
From June 2022 until January 2025, the State Department let applicants self-select M, F, or X. Executive Order 14168 (January 20, 2025) directed federal agencies to recognize only sex at birth, and the State Department stopped issuing passports with a self-selected or X marker.
The ACLU sued (Orr v. Trump, D. Mass.). A district court ordered the government to resume self-selection for the named plaintiffs in April 2025 and for everyone in June 2025. The First Circuit refused to pause that order, but on November 6, 2025 the Supreme Court granted the government's request for a stay, so the sex-at-birth policy is in force again while the case continues. The case is in discovery and summary-judgment briefing through at least spring 2027.
What this means for you today
- A new or renewed passport will show the sex on your birth certificate as originally issued, even if your state has amended it.
- If you hold a valid passport with a corrected marker or X, keep using it. It is valid until it expires, and there is no requirement to surrender it.
- Renewing early is not helpful: the renewal will carry the birth sex.
- Name changes are unaffected. You can update your name with a certified court order, and it is free if your passport was issued less than a year ago.
Steps
If your current passport has the marker you want and is valid, do nothing; it stays valid until it expires. If you have no passport or it is expiring, you can still apply; it will be issued with your birth sex. Some people prefer to wait for the litigation; others need a passport for travel or as ID and apply anyway. Both are reasonable.
Changing only your name[3]
- Passport issued less than a year ago: mail form DS-5504 with your passport and a certified court order. Free.
- Issued more than a year ago and eligible to renew: mail DS-82 with your passport, the court order, a new photo, and the fee.
- Otherwise: DS-11 in person with the court order and citizenship evidence.
Follow the case[1]
The ACLU's Orr v. Trump case page posts every ruling. This site's monitor watches the docket and the State Department page and will update the status banner above when the policy changes.
Costs and fee waivers
No fee waiver is available for this step.[4]
There is no federal fee waiver for passports. Name changes within one year of issuance are free via DS-5504.
More detail
Forms3 forms: DS-11, DS-82, DS-5504
Open a form for tips on filling it out.
DS-11Application for a U.S. Passport (first passport, or if you cannot renew by mail)Sometimes required: Use if you have never had a passport, your last one was issued before age 16 or more than…
Use if you have never had a passport, your last one was issued before age 16 or more than 15 years ago, or it was lost, stolen, or damaged. Must be submitted in person at an acceptance facility.
How to fill it out
- Fill in your current legal name. If it differs from your citizenship evidence, bring the certified name-change order.
- The sex field will be issued according to your birth certificate regardless of what you select; selecting a different marker will not cause a denial but will not be honored.
DS-82Renewal by mailSometimes required: Use if your most recent passport is undamaged, was issued when you were 16 or older,…
Use if your most recent passport is undamaged, was issued when you were 16 or older, within the last 15 years, and in your current name or a name you can document with a certified court order.
DS-5504Name change, data correction, or limited passport replacement (within one year of issuance, no fee)Sometimes required: Use to change your name for free if your passport was issued less than a year ago.
Use to change your name for free if your passport was issued less than a year ago. Mail it with the passport and a certified court order.
After you finishOnce you have a passport in your new name, it becomes strong photo ID for the DMV, banks, and employers.
Once you have a passport in your new name, it becomes strong photo ID for the DMV, banks, and employers. If your state ID shows X or a corrected marker and your passport shows birth sex, that mismatch is common now and does not by itself cause problems at TSA checkpoints or with REAL ID.
Tips2 tips from people who have done this
- Do not surrender or "correct" a valid passport that already shows your marker. Nothing requires you to.
- If you travel internationally, carry your court order and a copy of your state ID in case a border officer questions the mismatch.
Laws and other guides1 law, 3 other guides
Laws and rules
- Executive Order 14168 (Jan. 20, 2025): Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
Other trusted guides
- U.S. Department of State, Selecting your gender marker. The official page. Read it directly; automated tools cannot fetch it.
- ACLU, Orr v. Trump
- Advocates for Trans Equality, Passports