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Delaware

ID documents
Mixed
Care
Protective
Shield lawA state law that protects patients and providers of gender-affirming care from investigations, subpoenas, or extradition attempts by states that ban that care.
Yes, protects care

Delaware lets adults change their name in the Court of Common Pleas with no newspaper publication, and lets people change the sex on their driver's license and Delaware birth certificate to M or F with a signed statement from a licensed provider (no surgery or court order).

More about Delaware

An X marker is not yet available. Gender-affirming care is legal for all ages, state-regulated insurance may not exclude it, and a 2025 executive order protects patients and providers from other states' investigations. A federal rule stops Medicaid from paying for certain care for minors starting October 13, 2026.

This state’s pages are drafts written from official sources and not yet checked by a person. What this means

Your documents, in order

Most people go in this order, because each office checks the one before it. On every document, updating your name and changing your gender marker are separate questions with separate answers.

  1. Legal name changeState court
    Name
    YesNo newspaper notice, court hearing required
  2. Social SecurityFederal, same in every state
    Name
    YesAfter your legal name change
    Gender marker
    NoCannot be changed right now
  3. Driver's license / state IDDelaware DMV
    Name
    YesAfter your legal name change
    Gender marker
    YesM or F with a letter from a provider
  4. US passportFederal, same in every state
    Name
    YesAfter your legal name change
    Gender marker
    NoCannot be changed right now
  5. Birth certificateOnly if born in Delaware
    Name
    YesAfter your legal name change
    Gender marker
    YesM or F with a letter from a provider

Born somewhere other than Delaware? Your birth certificate follows the state where you were born. Choose your birth state

Gender-affirming care

Adults
Allowed
Under 18
Allowed
Gender-affirming care is legal in Delaware for adults and minors.Find clinics, health centers, telehealth, and ways to pay

Local help

Statewide organizations

Sources for this page (7)

Sources

7 sources. Numbers in the text, like [1], point here.

  1. Executive Order Number Eleven, Protecting Gender-Affirming Care in DelawareOffice of the Governor of Delaware, Official page. accessed
    “I shall deny any request for the extradition of any individual who provides, receives, inquires about, responds to, or assists with gender-affirming care that is or would otherwise be lawful in Delaware”
  2. Gender Designation Changes on Driver Licenses and Identification CardsDelaware Division of Motor Vehicles, Official page. accessed
  3. Domestic/Foreign Insurers Bulletin No. 86Delaware Department of Insurance, Official page. accessed
  4. HB 375 (153rd General Assembly), government records and gender designationsDelaware General Assembly, Official page. accessed
    “These existing regulations require certification from a medical or social service provider certifying the individual's true gender identity”
  5. Community Legal Aid Society, Contact UsOrganization. accessed
  6. CAMP Rehoboth Community CenterOrganization. accessed
  7. Trans LifelineOrganization. accessed