Changing Your Name and Gender with the New York State Department of Motor Vehicles
Since 1987, it has been possible for transgender individuals in New York State to be able to change their sex designation on their driver's license or non-driver ID card without a surgical requirement. The memo, dated April 29, 1987, outlines the current requirements that
...allow an applicant to submit evidence of medical, psychological or psychiatric evaluations, with a medical determination that one gender predominates over the other. Such evidence will be acceptable as sufficient proof of true gender if submitted on physician's letterhead and signed by the physician whose name is on the letterhead. Proof that an operation occurred is no longer necessary. [emphasis added]
How To Make The Change
Changing your sex/gender marker on your license is most easily done at the same time as a name change, since the procedures are related. Here's how:
- Gather required documentation. You will need to bring a certified copy of a judge's signed order for your name change. As described above, to change your gender marker, you need a signed letter (on letterhead) from your doctor or therapist stating clearly and explicitly that your predominant gender is female or male. You should also bring your existing license or ID card. You shouldn't need anything else, but it probably doesn't hurt to bring your Social Security card and birth certificate just in case. Since many people at the local DMV offices are still not aware that a gender change can be done, bring a copy of the memo in case of questions.
- Fill out the change/renewal form. Go to your local DMV office and tell them you need to change your name and sex designation. They will give you the proper form to fill out. Expect an updated picture to be taken at this time. If you own a car or other motor vehicle, you should change the registration at this time as well. Where the form asks for a reason for the change, simply state that you have transitioned from your old gender to your new gender.
- Wait until your number is called. You may want to bring a book to read while you wait, as the DMV is sometimes slow.
- Give the paperwork to the clerk. Be polite and
patient, as they probably don't handle gender changes every day. If
they claim it cannot be done, provide them with a copy of the above
mentioned memo. If they still refuse, politely ask to speak with
the manager, who may want to look up the procedure to verify the
memo.
If they deny the change, ask what specific changes are needed in the documentation to comply with the regulation. Note that proof of surgery is not a valid requirement, and hasn't been since 1987. If changes need to be made, have your doctor or therapist make the changes and return. Try to speak with the same manager, if possible.
If they still refuse, Consider trying a different office. Alternately, contact the Albany headquarters and notify them that the local branch refused to comply with the requirements of procedure 4335. Supply the name of the manager whom you worked with. If they don't help, a lawsuit may be possible, but may not be worth the trouble. Most of the time, though, once they are educated on the matter, they will handle the change without issues.
- Wait to receive your new license/ID. You will get a temporary (non-photo) license at the DMV, and your new photo license or ID should arrive in the mail in a few weeks.
- Glory in your new sex designation!
