Can I change the sex that is on my Social Security record?

Important information:

The January 2025 federal bans on changing sex identifiers on federal records won’t affect your Washington state ID or driver’s license, including REAL IDs. If this changes, we’ll update this information. You can still change the sex identifier on your Washington state IDs. On Department of License issued IDs in Washington, this is called your “gender designation.” 

The federal bans created many questions about what defines your legal gender. Read our guide about legal gender to learn more about these impacts.

Important Notice: During 2025, the information related to federal ID rights and sex/gender on federal records is changing rapidly. An executive order issued earlier in 2025 temporarily banned sex or gender changes on federal identity records and documents. This included passports, Social Security records, tribal and BIA related records, immigration records and other federal records. These bans are being challenged by lawsuits. 

The ACLU’s lawsuit about the passport ban got back the right to change passports as of June 18, 2025 through a temporary preliminary injunction. This means that the case isn’t done yet but that gender diverse people can resume changing their passports while the case continues. To change your passport, you must complete a new data collection form about your sex, gender and gender identity. This form will become part of your permanent federal government records. It is possible that the Social Security Administration (SSA) will similarly update their systems to allow sex changes again later this summer but currently the SSA can’t process sex changes for their records.

Can I change some of my IDs but not all of them?

Yes. 

Which IDs to change, if any, is a personal decision. It’s unique to your individual situation and daily life needs. It’s specific to your safety and lived identity needs. There can be consequences for both changing or not changing various IDs if you’re a person who is transgender, nonbinary, or gender diverse, or who has a sex or gender change. Learn more about these issues and the consequence possibilities of various choices. Learn more about these issues and the consequence possibilities of various choices.

Many people choose to only ever change their state photo ID. You can still change the gender that’s on your Washington state photo ID, and can still choose between 3 genders designation options.

Can I change my name on my IDs but not change my gender on those IDs?

Yes absolutely. Many people who are transgender, nonbinary, intersex, or gender diverse only change their name legally and may never change their sex on any IDs. All identity records and IDs should have a process for changing your name on them. You will probably need to provide a copy of a name change court order to do so. This includes Passports and Social Security records. Gender diverse people can still change their names on their Passports and Social Security records if they meet the proof requirements. A name change court order is enough to change your name on those records. 

Where does my sex show up on different records? Are the records connected to each other?

Your sex or gender can show up, be visible, or be listed somewhere in the record on many different records. Some of the records are connected. Usually, records will be the most often interconnected with the information that is on your Social Security record. These are just some of the places your sex or gender can end up in the record:

• Credit reports
• Hospital medical reports
• Background checks
• Tribal rolls and records and Indian Money Account records
• Data searches
• School transcripts
• Benefits account records like for SSDI or SSI
• IDs
• Immigration records

When you are born, doctors, birth professionals, and your parents assign you a sex on your birth certificate or birth record. Historically in the U.S., newborns have been assigned either Female or Male. Recently, some places also began to issue newborns a birth certificate with an intersex designation or other kind of sex identifier if appropriate. In some places, after a person is born, a parent or the person themself can ask for the sex designation that is on the birth certificate to be changed. The first sex assigned to your birth certificate will be the one that Social Security first used for your records

Are my photo IDs the only IDs that list my sex or gender?

No. Many different identity records or IDs have your gender or sex listed on them somewhere in the record or on the ID itself. 

Your Social Security card doesn’t list your sex or gender marker anywhere on the card itself. But your actual Social Security record does in fact have a sex listed on the record. And that Social Security record sex designation can be found on credit reports, hospital medical records, Federal Student Aid records, federal records, background searches, financial records, and many other places. 

Your photo ID is also important and can impact many records that could have your sex or gender listed on them. 

Many people choose to change the gender or sex on their photo ID first before changing other records. Many people may choose to have their photo ID be the only sex or gender record change they make changes to. 

You don’t have to change your birth certificate, Social Security record, Passport, or any other ID to be able to choose your sex or gender identifier on your Washington photo ID or drivers license. 

Which ID is my legal gender?

None of them exactly are your one true single legal gender. 

There are many records that have your sex or gender listed on them. No single record or ID exclusively controls what is called your “legal gender.” Historically, no single government or agency rule defines what is your legal gender. This is because so many various records can affect the sex designations that are used in a person’s daily life.

Even if you get a court order proving your sex change, your legal gender will be defined by each type of record and situation as you deal with them individually.

Your legal gender will be specific to each ID or record type in each situation.

Here are some examples:

• If you are asked to show photo ID during an interaction, usually in that situation the sex that is listed on that specific photo ID will be considered to be your legal gender.
• If you have your credit checked, the sex that is listed on your Social Security record can show up on the credit report record. In that situation, the sex on your Social Security record would be your legal gender.
• When you apply for a job, if the employer asks for your sex, usually you will list the sex that is on your state photo ID or whatever photo ID you provide to your employer to verify your identity. You will usually have to provide your Social Security card or proof of work permit but those won’t have your sex designation listed on the card itself.
• If your employer does a background check when you are hired that includes checking full records from Social Security or a credit check, then your employer might be able to see the sex that is listed on your Social Security record. This could require a conversation with your employer if that sex differs from the sex that is listed on your photo ID. If you feel that your employer or a potential employer has discriminated against you because of a sex mismatch on your IDs, you can try to file a complaint with the Washington Human Rights Commission. There are strict deadlines for these complaints. You must file within 6 months of the incident. File your complaint as soon as the negative action was taken against you.
• Usually, the gender or sex that will show up on all your school records would be the sex that is on your Social Security record. But for people under 18, the sex that is on your birth certificate can be used a lot too.
• In Washington, you can ask your employer to make sure your badge or anything else visible to coworkers and customers does have your chosen identifiers on it even if your legal records haven’t been changed. This applies to most but not all employers in Washington. If your workplace has less than 8 employees or is a religious organization, these protections might not apply.
• You can get a state ID or driver’s license in Washington and you can choose “X”, “M” or “F” for your WA state ID. This is available for adults and teenagers.
• A school might change all the visible records except your transcript to match that ID. It can be very hard to change school transcripts in most places without a court order or changed birth certificate. Some schools might accept other proof of sex or gender change if you are under 18. If you get a court ordered name change, your school should change your name on your transcripts.  Even if you don’t legally change your name, your school still has to follow Washington rules about letting you use your chosen name and pronouns at school even if they can’t change them on your transcript. You will have to ask your school about what they need to change your sex or gender if it is listed on your transcript. Changing your gender on your permanent school and work records can be very complicated for people who are under 18 depending on your situation. If you need help with your school, try to get legal help from Team Child. If you are a houseless youth, contact Legal Counsel for Youth and Children to see if they can help you with your ID changes.

What defines my legal gender at the federal level?

If you were born in the U.S. and were registered for a Social Security card at your birth by your parents or guardians, the sex that was first listed on your birth certificate was reported to the Social Security Administration (SSA). That sex designation became the sex that was first listed on your Social Security record. The sex that was first listed on your Social Security Record is most commonly considered to be your federal “legal gender”. This is called your “Sex Identification on the Social Security Record”. That sex is the sex that Homeland Security and the Department of State can find out even if you changed it later.

• If you applied for a Social Security card later on in your life or applied for a Social Security during your citizenship process, the sex you were assigned on that application will be your Sex Identification on the Social Security Record.
• If you don’t have a Social Security card and live in Washington state, your legal gender would most likely be the gender that is listed on your state photo ID.
• If the only ID that you have ever had is a birth certificate, then the sex on your birth certificate would be your legal gender.

Some kind of record of your sex or gender exists in many places that don’t necessarily include a visible gender marker or sex designation like your photo ID has on it. 

Do I need a court order to change my legal gender?

No. In Washington, you don’t need a court order to change the gender that is on your state ID. If you were born in Washington, you don’t need a court order to change the sex on your birth certificate. 

Where can I get legal help and information related to the federal ID bans?

The information related to the federal bans is changing rapidly. We’ll update our guides as information changes. 

Organizations around the country are suing to challenge most of the federal bans related to transgender, nonbinary, intersex, and other gender diverse people. You may be able to learn more about how the bans and lawsuits impact you from the non-emergency Legal Help Desk at Lambda Legal. 

If you’re affected by the active-duty military ban:

• Contact the non-emergency Legal Help Desk at Lambda Legal. Lambda sued to challenge the military service ban. You can also try to contact the National Center for Lesbian Rights and the GLBTQ Legal Advocates and Defenders (GLAD). They also filed suits against the military service ban. 

If you’re affected by the federal passport ban:

• Try to get help using the ACLU-WA online intake form. The ACLU sued to challenge the federal passport ban. You can now change your passport again while the lawsuit continues. To change your passport, you will have to submit a gender change disclosure data form to the federal government that will become part of your permanent federal record. If you are otherwise affected by the executive orders related to your passport or international travel, try to contact the ACLU.

If you’re affected by the federal Social Security ban:

• Try to get information from the non-emergency Legal Help Desk at Lambda Legal. The SSA said it will update its emergency directive in the summer of 2025.

If you’re affected by the gender affirming care for youth ban:

• The January 2025 federal ban related to gender affirming care for youth generally shouldn’t affect your care in Washington state. Washington law still protects certain gender affirming care for people under 18 in this state. Certain providers might not provide services to you. If you’re under 18 and have experienced issues related to your gender affirming care since the federal ban, try to get legal help.
• P-FLAG is challenging the January 2025 federal order with a lawsuit filed by the ACLU and Lambda Legal. You may be able learn more from the non-emergency Legal Help Desk at Lambda Legal. If the trans-related care ban for minor youth has impacted your life, try to get legal help using the ACLU-WA online intake form.

If you’re impacted by the federal trans youth in sports ban:

Try to get help using the ACLU-WA online intake form. The ACLU sued about the sports ban. You can also try to contact the GLBTQ Legal Advocates and Defenders (GLAD). They also filed suit against the sports ban.