Legal Transition: Updating Gender Identifying Information on Legal Documents in Washington State

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walawlibrary

13 min readJun 14, 2023

While access to and possession of PID [personal identification] does not of itself guarantee education, health, protection, and participation in society for marginalized people, not having certain forms of government-issued PID ensures that access to essential health, social, and financial services is nearly impossible. Possession of PID, in effect, becomes the gateway to accessing the social determinants of health, particularly in rural settings. Thus, what we refer to as the “problem of personal identification” occurs when populations that are already marginalized and underserved are made further vulnerable because they lack forms of official identification that enable them to secure vital benefits and resources, effectively making them invisible to health and social services. “You Need ID to Get ID”: A Scoping Review of Personal Identification as a Barrier to and Facilitator of the Social Determinants of Health in North America, 14 Int. J. Environ. Res. Public Health 4227 (2020)

A group of co-workers of varying genders are having a meeting. They are gathered around a table that has paperwork spread out on it. There is also a bottle of water on the table and an open laptop. Two participants are holding pens in their right hands. — Photo by *The Gender Spectrum Collection* / CC BY-NC-ND 4.0

Government services and institutions often require people to obtain and maintain accurate identifying documents. Public library patrons provide ID to obtain borrowing privileges. Voters must prove identity and residency in order to vote. Airport security requires an accurate photo ID for travel. While an ID may not be required for access to social services, it is often more difficult to access services without an ID.

This ID requirement disproportionately impacts communities of color, immigrant communities, indigenous communities, low income communities, unhoused communities, and transgender and nonbinary communities. People in these groups are less likely to have a valid and accurate driver’s license or government ID, which impacts the ability to open bank accounts, vote, obtain employment, housing and healthcare, apply for services, and move about in society.

For the transgender community, having an accurate ID contributes to better health and wellbeing and improves physical safety. Financial barriers and discriminatory policies are roadblocks to obtaining ID. According to the Center on Budget and Policy Priorities transgender people face discrimination in employment, housing, and education which contributes to high rates of poverty. Depending on the state, a legal name change can cost $250 to more than $500, which is a cost that at least a third of surveyed transgender people could not afford. In a 2020 Center for American Progress survey, more than half of trans people reported discrimination that impacted their ability to obtain accurate ID.

A portion of a satin transgender flag is shown. The flag is striped with blue at the top and bottom, then two inner purple stripes, with one white stripe in the middle. The flag is bunched, revealing the shiny texture of the fabric.

Only one fourth of trans people surveyed by the health policy research organization KFF, in partnership with The Washington Post, have changed their name on identifying documents, according to a March 2023 report. While about 12 percent of adults lack a valid and accurate driver’s license nationwide, a much larger percentage, 68 percent, of transgender and nonbinary adults lack ID that matches their name and gender.

Additional roadblocks to an accurate ID for some trans people are laws that prohibit name changes for individuals with a criminal record. Despite the development of trans-inclusive ID policies at the federal level and in more than 20 states, trans people with criminal records continue to find it challenging to obtain an accurate ID. Policies that prohibit name changes for those with criminal records disproportionately impact trans people of color.

Recent changes in Washington make it easier to request a name change and update gender markers on ID. Here we discuss those changes and provide procedures for updating gender identifying information on legal documents. The laws and rules impacting identifying documents change often so these sources may not reflect the latest information. For the most accurate requirements, visit the website of the agency responsible for the document.

Developments in Washington

The Washington State Department of Health adopted new rules in 2017 providing for a streamlined process to change the gender marker on Washington birth certificates to M, F, or X. In our post on “X” gender markers we discussed the new option of selecting a non-binary gender designation on state ID as of November 2019. And in April Governor Inslee signed legislation revising the process for individuals to request name changes. The bill becomes effective July 23, 2023 and allows for the sealing of name changes related to gender expression or identity, in addition to those related to domestic violence.

An infographic titled, “Updating Gender Identifying Information on Legal Documents” is shown. The infographic provides basic information for changing name and gender marker on social security, Washington ID, birth certificate, and other documents. — Superior court sealed name changes related to gender expression or identity will begin on July 23, 2023

Updating Documents in Washington

The procedures for updating identifying documents will vary based on where you reside and where you were born. The first step is to choose which documents you would like to update and gather information on the procedures for each document. Collect the documentation needed and complete all forms, then submit them in person, online, or by mail. The following provides basic information for adults residing in Washington. Please always check with the agency for the latest instructions.

Legal name change for Washington residents

Review the procedures at Washington LawHelp.

Basic name change information is available at the Washington Courts website. Forms should be obtained from your local court.

Fee waivers or financial support may be available:

∙ Washington LawHelp Ask the Court to Waive Your Filing Fee

∙ Ingersoll Gender Center

After July 23 name changes related to gender expression or identity can be filed in Superior Court for a sealed record. See Chapter 34, Laws of 2023.

Incarcerated individuals should review Disability Rights Washington Changing Your Legal Name While Incarcerated in a Washington State Prison.

NOTE: If you were born in another state and you plan to update your gender markers on your birth certificate, check the National Center for Transgender Equality ID Documents Center to see if you need a court order recognizing a gender change from Washington. If so, you may be able to petition for it alongside the name change petition.

Social Security record

Name update:

Review the Social Security Administration’s Change Name with Social Security page.

The application requires documentation of a recent name change.

Gender marker (M/F) update:

Medical or legal evidence is not required for a gender marker change. Male or Female are the only available gender designations. The Social Security Administration is considering adding a third gender designation.

Review —

∙ Social Security Administration Change Sex Identification

∙ Social Security Administration FAQ How do I change the sex identification on my Social Security record?

See also Washington LawHelp’s How do I change the gender on my Social Security Card? publication.

Four people of varying genders are pictured. Two are standing and two are sitting. They are all looking into the camera and smiling. The two people who are sitting are waving United States pride flags.

Washington license or ID

Name update:

Review the Washington State Department of Licensing’s Change your name: Driver licenses and ID cards page.

Fees apply, but may be reduced for eligible individuals. You must update your name with the Social Security Administration prior to applying for a name change. Provide an updated social security card.

Gender marker (M/F/X) update:

Review the Washington State Department of Licensing’s Change your gender designation: Driver licenses and ID cards page.

Medical or legal evidence is not required for a gender marker change. You can apply for an updated gender marker in person or by mail. Fees may apply.

See also Washington LawHelp’s publication How do I change the gender on my Washington driver’s license or state ID? publication.

Washington Enhanced Driver License (EDL) or Enhanced ID Card (EID) — REAL ID

The REAL ID Act will prohibit domestic air travel with a standard driver’s license or ID beginning in May 2025. There are other forms of ID that can be used for travel, including a passport.

To obtain enhanced ID in Washington state, residents must provide proof of citizenship, proof of name change, two documents proving a Washington address, and if applicable, proof of identity. The Department of Licensing Online Services page provides a tool for building a personalized document checklist here. One should consider that there are long wait times for updating a birth certificate or a passport (3–4 months), which will in turn delay your ability to get an enhanced ID.

Name update on EDL or EID:

Review the Washington State Department of Licensing’s Change your name: EDL/EID page.

Schedule an in-person appointment at a driver licensing office and bring your name change court order or updated passport.

Gender marker (M/F/X) update on EDL or EID:

Review the Washington State Department of Licensing’s Change your gender designation: Driver licenses and ID cards page.

Medical or legal evidence is not required for a gender marker change. You can apply for an updated gender marker in person or by mail. Fees may apply.

See also Washington LawHelp’s publication How do I change the gender on my Washington driver’s license or state ID? publication

An infographic titled, “Are you prepared for the new travel ID requirements coming in May 2025?” is shown. The infographic provides information about the proof of citizenship, proof of name change, proof of identity, and proof of address required to get a Washington Enhanced ID. — REAL ID requirements become effective in May of 2025

Tribal ID

Review Washington LawHelp’s How do I change the gender on my Tribal IDs? publication.

This publication addresses the different type of ID records that apply to tribal members. Name and gender marker update procedures vary by tribe.

Birth certificate — Born in Washington State

Name update:

Review the Washington State Department of Health’s Court-Ordered Name Change page.

The Department only changes birth certificates for individual’s born in Washington State. A certified copy of the name change court order is required. Updates can be made by mail or by scheduling an appointment. Fees may apply if you would like a certified copy of the changed birth certificate.

Gender marker (M/F/X) update:

Review the Washington State Department of Health’s Sex Designation Change on a Birth Certificate page.

The Department only changes birth certificates for individual’s born in Washington State. Medical or legal evidence is not required for a gender marker change for adults. Updates can be made by mail or by scheduling an appointment. The change form must be signed in the presence of a Notary Public. Fees may apply if you would like a certified copy of the changed birth certificate.

See also Washington LawHelp’s How do I change the gender on my birth certificate? publication.

Birth certificate — Born in another state

Birth certificate name and gender marker updates are requested in the state where you were born, but some birth states require a court order recognizing a gender change from the state of residency.

Select the state and view the section on birth certificates at the National Center for Transgender Equality ID Documents Center to find out what is required in that state. Also check with your state government agencies as these requirements may change frequently.

If you need to file a petition requesting a gender change recognition order in Washington check with your local superior court regarding procedures for doing this. It is possible this can be filed alongside name change petitions.

See also Washington LawHelp’s How do I change the gender on my birth certificate? publication.

The image shows a person’s arm and hand on the left side of the frame. The person’s hand grips a pride flag as if to unfurl it.

Passport

NOTE: expect a 3-month processing time for passports.

Name update:

Review the United States State Department’s Change or Correct a Passport page.

Your situation will dictate whether you can apply for a change in person or by mail and what documents you need. The different requirements are covered at the State Department’s website.

Gender marker (M/F/X) update:

Review the United States State Department’s Selecting your Gender Marker page.

Medical or legal evidence is not required for a gender marker change and the gender designation does not need to match your gender on other identifying documents. The photo provided for the passport, however, should look similar to the photo on your ID. You can make the change in person or by mail.

See also Washington LawHelp’s publication How do I change the gender on my Passport? publication.

Voter registration

Name update:

You can complete your changes online or fill out a new mail-in voter registration form to update your name.

Gender Marker (M/F/X) update:

Gender selection is optional on the mail-in or online voter application form.

Note that your name, address, gender, and date of birth on your voter record is public information.

Information on voter ID in Washington is available at VoteRiders.

Find election dates and deadlines at the Washington Secretary of State’s Elections website.

Vehicle registration

Name update:

Review the Washington State Department of Licensing’s Change your name: Vehicles & boats page.

Selective Service

Name update:

Individuals younger than 26 years of age who are required to register must report a legal name change within ten days of the official change. Complete the Change of Information Form SSS Form 2 available at the Selective Service System website, and submit it along with a copy of your legal name change court order. You can also call 888–655–1825 to get name change information.

Gender update:

Selective Service registration is based on sex assigned at birth, regardless of gender identity at the time of registration. Those assigned male at birth must register within 30 days of their 18th birthday. Failure to register can impact student loans and grants, federal job training, and some government employment. When applying for financial aid (FAFSA), transgender men may need to request a Status Information Letter to prove exemption from selective service registration, due to sex assigned at birth. Additional information can be found at the Selective Service System website and the National Center for Transgender Equality.

Military records

The Department of Defense offers no public guidance on updating information in the Defense Enrollment Eligibility Reporting System (DEERS) or on the DD214 Military Discharge Record to reflect name changes or gender markers. Recommendations for requesting updates are available at the National Center for Transgender Equality.

Additional guidance is available from several resources:

∙ The Veterans Consortium Resource Library Changing the Name on a DD-214 for Transgender Veterans

∙ American Bar Association webinars and self-help guides on DD214

∙ Justia Transgender Legal Rights Related to Military Service

Immigration documents

Review the National Center for Transgender Equality’s Know Your Rights | Immigration Documents publication to learn about updating immigration documents such as Employment Authorization Cards, Permanent Resident Cards, and Naturalization Certificates.

See also Washington LawHelp’s How do I change the gender on my immigration documents? publication.