Changing Gender Identity? Here’s How to Change Your Name and Gender Marker in Texas

Changing your gender identity comes with its share of necessary adjustments and as many questions on how to go about making them. Updating your identity in the appropriate places allows you to begin your new life and as quickly and smoothly as possible. In this article, we’ll explain how to change your name and gender marker in Texas.

What is a Gender Marker? 

Before diving into the specifics of changing your name and gender marker, let’s quickly review what a gender marker is. Also called a sex marker or sex designator, a gender marker is a designation on an identifying document or in a database as male, female, or an alternative choice, such as nonbinary.

Why Change Your Name and Gender Marker? 

Providing accurate identifying information is essential for everything from driving to applying for a loan for your dream home. Once you’ve made the decision to change your name, you’ll want to prioritize updating the following IDs and documents with your new name and appropriate gender marker:

• Birth certificate
• Driver’s license (If your license has been suspended, you can apply for non-drivers ID)
• Passport
• Social Security card
• Health insurance card
• Bank card

How to Change Your Name After Changing Your Gender Identity in Texas 

Whether you’re changing your name due to a divorce, changing your name after changing your gender, or changing your name for any other reason, the process remains the same.  You’ll need to obtain a court order and provide proof that you’re not changing you name for a deceptive or illegal reason, such as evading law enforcement or creditors.

To begin the process, you’ll need to file a petition to change your name in state district court and include identifying information and a fingerprint card. You may also be required to submit to a full background check depending on the county in which you live.

If you’ve had any class A or class B misdemeanor charges brought against you, you’ll need to disclose them. This may include dismissed or sealed charges.

Additionally, if you’re required to register as a sex offender, you must notify law enforcement that you’re planning to change your name and provide proof to the court that you have done so. Proof can be acquired by sending your letter of intent to law enforcement via certified mail. Doing so will provide you a receipt and proof of delivery.

Can a Court Reject Your Name Change Request Due to Gender Identity 

Because Texas doesn’t have a gender change provision in law, some counties and judges may be reluctant to issue a court order. Some Texas courts may also be unfamiliar with people identifying as transgender or binary, which can complicate the process. However, your name change request cannot be denied due to your gender identity. Contact Carrington Smyth PLLC if a judge denies or has denied your request.

How to Change a Minor’s Name After Changing their Gender Identity in Texas? 

To change a child’s name following a gender identity change, a parent, legal guardian, or conservator must file a Petition to Change the Name of a Child.

In cases where two parents, legal guardians, or conservators are present, both must agree to the change and can petition together as co-petitioners if desired. If both parties don’t agree to the name change, they can contest it in court.

Minors 10 years old and up must agree to his or her name change in writing.

Can You Change Your Name Online? 

As with previous topics discussed in this article, the answer to whether you can complete your name change online comes down to the court in which you’re filing. Some will review your paperwork to decide on your name change. Others will require you to attend a hearing (either in person or online via video meeting software like Zoom).

If applicable in your situation, Carrington Smyth PLLC can help you complete your name change online.

How to Change Your Gender Marker in Texas

To begin the process of changing your gender marker in Texas, you need to file a Petition to Change the Sex/Gender Identifier of an Adult. After that, the requirements vary from county to county and courtroom to courtroom. Because there is no Texas law stating what proof you need, it’s up to the judge to determine what proof they want to see. Many require a minimum of one doctor’s letter stating that you’re receiving clinically appropriate treatment for your gender identity. Others require multiple letters and proof of surgery or treatment over a specific duration. Because in Texas judges have wide discretion and power, Some judges may not grant a gender marker change request at all.

For judges willing to grant a gender marker change, similar requirements to name change requests come into play. It’ll need to be determined that you’re not changing your gender marker for illegal or deceptive reasons, and you’ll likely be required to provide the same criminal history information outlined above for name changes.

Due to the inconsistencies of gender marker cases and rulings, it’s highly recommended to speak with an experienced Texas lawyer to provide yourself the best chance for success.

Do You Need a Court Order to Change Your Gender Marker in Texas? 

While you do need a court order to change your name in Texas, changing your gender marker isn’t as black and white. Whether you’ll need a court order depends on the document you’re updating. Certain IDs like your Texas driver’s license and birth certificate almost always require a court order to change your gender marker. But other IDs and third-party sourced documents will allow you to make the change with a doctor’s letter or similar proof.

How Does a Minor Change their Gender Marker in Texas? 

As with name change requests for minors, the request to change a minor’s gender marker must come from the parents, legal guardians, or conservators. And as with name changes, both caregivers (where two are present) must agree to the child changing their gender marker.

In cases where minors are concerned that one or both caregivers will not agree to the change, they can wait until they reach 18 years of age and request the change as an adult. Those not willing to wait that long should contact a family lawyer to pursue other avenues sooner rather than later.

Can You Change Your Name and Gender Marker at the Same Time? 

Changing your name and gender marker simultaneously is permissible and can save you both time and money versus updating your IDs once when you change your name and again when your change your gender marker.

Need Additional Information? 

The National Center for Transgender Equality has an ID Documents Center, with information about updating IDs from all over the U.S. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) has information about updating documents in other countries.

For all legal questions about changing your name or gender marker due to a change in gender identity, contact Carrington Smyth PLLC today.