# Changing your name and gender marker Source: https://www.qaravan.org/resources/documents/name-gender/ You change your name through a court: in New York City you file in Civil Court for $65. You can change the gender marker (M, F or X) on IDNYC and a state license without going to court. NYC Health and the NYC Department of Health and Mental Hygiene are the same City agency. QARAVAN does not provide legal services. If you have an immigration case, tell your lawyer about a name or marker change before you file: federal gender marker rules changed in 2025. ## Start here - You change your name by petitioning a court: $65 in Civil Court. If safety matters, ask to seal the case before you file. - The gender marker on IDNYC and a state license changes without court. - After the court order, update documents in this order: SSA first, then DMV, then IDNYC and USCIS. ## What you change, and where Each agency has its own rules, and you change your name and gender marker with each one separately. Where each change is made: name, gender marker and cost | | | | | | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | | | | | | | - Civil Court information Any status NYC residents Answers general questions about civil cases and small claims; come in person to 111 Centre Street, Room 838. New York State courts provide a free interpreter: ask the clerk's office, or write ahead to Courtinterpreter@nycourts.gov. The Court Directory lists, for each borough, where in the courthouse name change petitions are filed, with addresses and phone numbers. [nycourts.gov](https://www.nycourts.gov/new-york-city-civil-court/nyc-civil-court-directory) 111 Centre Street, Room 838, New York, NY 10013 ## Changing your name in court: step by step The DIY (Do-It-Yourself) program on the state courts' website is for adults 18 and over who live in New York State and are not in prison, on probation or on parole. Citizenship is not among the conditions. 1. Choose a court New York City residents file in Civil Court in any borough: the Bronx, Brooklyn (Kings County), Manhattan (New York County), Queens or Staten Island (Richmond County). Civil Court charges $65; Supreme Court and County Court $210. Outside the city, you file with the County Clerk of Supreme Court in your county. 2. If you have an immigration case, talk to a lawyer first USCIS checks whether your documents support the name on your application and may ask for more evidence. Tell your lawyer what name you want and when you will file in court. 3. Prepare the petition in the DIY program New York City residents use the NYC Adult Name Change Petition Program: the general state program doesn't make the papers the city needs. It is free; you need a printer. It prepares the petition and the proposed order for the judge. 4. State your reason and the facts about yourself The petition says why you are changing your name and lists any convictions, bankruptcy, judgments or liens, pending cases and child or spousal support. The court may refuse if the change is for fraud, to hide from police, or to avoid debts or support, or if the name is offensive, misleading (such as Officer or Doctor), a celebrity's name or a company name. 5. Sign the petition in front of a notary You sign the petition in front of a notary public. You may also need a stamped envelope addressed to yourself. 6. Gather proof of birth, identity and address If you were born in New York State, you need the original or a certified copy of your birth certificate. If born elsewhere, you need proof of birth: ask the clerk which kind works and whether it needs a translation. Also bring ID and proof of address. 7. If you need safety, tell the clerk Name change cases are public. Before filing, tell the clerk you want the case sealed: they will explain how to ask. 8. File the papers and pay the $65 Take the papers, proof of address and ID and the fee to the name change window in your borough's Civil Court (see the Court Directory). The clerk checks the papers and passes them to the judge. Pay when you file unless you ask for a fee waiver. 9. Get the order and certified copies If the judge agrees, you get a court order with your date and place of birth and, if you were born in New York State, your birth certificate number. Ask the clerk for certified copies: you will show the order at the SSA, DMV, IDNYC and USCIS. Ask the clerk how many you need. - The free DIY program for the petition Any status Free The program is free, and no one may charge for it. The state court page links to the partner site LawHelp Interactive; the program is in English, and instructions can be printed in Spanish. [nycourts.gov](https://www.nycourts.gov/help/diy-forms/adult-name-change-petition-program) - Civil Court description of the procedure Any status NYC residents Low cost The Civil Court page on name and marker changes: $65, the papers you need, rules for children, sealing. You can file in any borough. [nycourts.gov](https://www.nycourts.gov/new-york-city-civil-court/nyc-civil-court-name-andor-sex-designation-change) - The law does not require notice to immigration agencies Any status Under section 62 of New York's Civil Rights Law, the court may not require notice of your petition to ICE, CBP or USCIS. The same section bars requiring anyone else's consent for the change or for certified copies of the order, except petitions in Family Court under section 60. [nysenate.gov](https://www.nysenate.gov/legislation/laws/CVR/62) - Name change through marriage, divorce, adoption or citizenship Any status According to the courts, you may not need a court if your name changed through marriage, divorce, adoption or US citizenship. For a name change the DMV accepts a government marriage certificate, divorce papers showing the change, naturalization papers and an amended birth certificate. [nycourts.gov](https://www.nycourts.gov/help/name-change-andor-sex-designation-change/name-change-basics) - Name order and spelling in USCIS documents Any status USCIS records names as given name, middle name, family name, even if your birth certificate or passport uses another order. A one-word name is treated as the family name, and USCIS may put No Name Given in the given name field. A court order proves the new name to USCIS. [uscis.gov](https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5) ## If you cannot pay: the fee waiver A fee waiver (Poor Person's Relief in some courts) removes court fees. You can ask if you receive public benefits, have a low income, or can't cover your household's basic needs and the fees. 1. Ask the clerk or go to a Court Help Center There is no official form, and judges ask for different things. Ask the clerk's office for a form or instructions, or go to a Court Help Center. 2. Write the notice of motion and the sworn statement You file it as a motion: a Notice of Motion and an Affidavit, a sworn statement about your finances. Say you can't pay the fees, describe your income and its sources in detail, and list your property with its value. 3. File the motion together with the petition If you are just starting the case, you don't need to serve anyone before filing. If you file online, get the waiver first and upload the order granting it. 4. If the court says no, pay on time After a denial you must pay the filing fee. If it isn't paid within 120 days of the decision, the case is dismissed. - Sample fee waiver forms Any status Fee can be waived The courts' fee waiver page has samples for Civil Court, Supreme Court and other courts. They show what courts ask; each court has its own requirements. [nycourts.gov](https://www.nycourts.gov/help/representing-yourself-court/fee-waivers) - Newspaper publication: conflicting information Any status Court materials say that even with a fee waiver you pay a newspaper to publish the name change. But state law Chapter 158 of 2021 ended mandatory publication, sections 62 and 63 of the Civil Rights Law don't mention it, and it is not on the court's list of papers. Ask the clerk to confirm publication is not needed in your case. [nycourts.gov](https://www.nycourts.gov/help/name-change-andor-sex-designation-change/name-change-basics) ## Privacy: how to seal the case Name and marker petitions are public records anyone can see. Sealing hides them: they can be opened only by court order or at your request. - When the court must seal the case Any status Under section 64-a of the Civil Rights Law, the court seals name change records if open records would endanger your safety, considering all circumstances, including the risk of violence or discrimination because you are transgender or a survivor of domestic violence. The court may not refuse just because you have no specific past threats. [nysenate.gov](https://www.nysenate.gov/legislation/laws/CVR/64-A) - While the case is pending Any status While deciding on sealing, the court immediately orders your current and new names, addresses, phone numbers and everything else in the papers kept confidential. The DIY program says that after such a request no one can find records of your petition, even while it is pending. The clerk explains how to ask. [nycourts.gov](https://www.nycourts.gov/help/diy-forms/adult-name-change-petition-program) ## After the order: update your papers in order Each agency updates its own records, and you show the court order to each one. The order matters because the DMV requires the name on a new license to match your Social Security card exactly. 1. SSA: order a new Social Security card You change your name with the SSA by replacing your card, for free. If eligible, apply online (“Change name with Social Security”); otherwise book an SSA office visit. The new card comes by mail in 5 to 10 business days. If you have no Social Security number, skip to the DMV. 2. DMV: a Standard document by mail A standard license, learner permit or non-driver ID can be updated by mail if the DMV has your Social Security number, the SSA already has your new name, you have no commercial license and nothing else changes. Fill in form MV-44NC, sign inside the box, and enclose copies of your new Social Security card, current document and name change proof, plus a check or money order to Commissioner of Motor Vehicles: $12.50 for a license or permit, $5 for a non-driver ID. Mail it to the Utica Processing Center, 207 Genesee Street, Utica, NY 13501. 3. DMV: an office visit if mail does not fit For REAL ID and Enhanced, or when mail isn't possible (for example, the DMV has no Social Security number for you), go to a DMV office with form MV-44, your current document or at least six points proving identity and date of birth, and the original or a certified copy of the court order. A REAL ID or Enhanced name change needs a new photo. You get a temporary paper document on the spot; the new one comes by mail in about 2 weeks. 4. IDNYC: a name change at a center IDNYC prints a chosen name only with a court order. You change the name at an IDNYC center; address and marker can be changed online at renewal. 5. USCIS: update the documents that show your name Change the name on an EAD with form I-765 and on a green card with form I-90, with the name change document. 6. IRS (the federal tax agency): write a letter about the name change Tell the IRS about the name change by letter with supporting documents. ## Gender marker in City and State documents A gender marker (sex designation in court papers) is the letter M, F or X on a document. The state courts say sex and gender are used interchangeably in their materials. Some changes need no court; others depend on where you were born. - IDNYC: F, M, X or Not Designated Any status NYC residents Free IDNYC offers F, M, X or Not Designated (left blank). No proof is required, and changing or removing it is free. Online you change it at renewal. [nyc.gov](https://www.nyc.gov/site/idnyc/frequently-asked-questions/frequently-asked-questions.page) - State license and non-driver ID: M, F or X Any status Low cost Form MV-44 has three options for sex: M, F and X. You change the marker on a license or non-driver ID online through your MyDMV profile ([NY.gov](https://NY.gov) login) or at a DMV office with form MV-44. The DMV lists neither a court order nor a doctor's letter for this. It costs $12.50 (license, permit) or $5 (non-driver ID) unless the DMV quotes another amount. [dmv.ny.gov](https://dmv.ny.gov/driver-license/change-information-on-dmv-photo-documents) - A birth certificate issued in New York City Any status Since 2019 people born in New York City can change the marker on their birth certificate to X, and a letter from a doctor or other provider is no longer required. Fill out the Application for Gender Marker Change on a NYC Birth Certificate and mail it to the NYC Department of Health and Mental Hygiene, 125 Worth Street, Room 144, CN-4, Attention: Group A, New York, NY 10013. If you are also changing your name, the court order must show your name at birth, date and place of birth and the certificate number. Questions: tgnyc@health.nyc.gov. [nyc.gov](https://www.nyc.gov/site/doh/services/birth-death-records-corrections-birth.page) 125 Worth Street, Room 144, CN-4, Attention: Group A, New York, NY 10013 - Born in New York State but outside New York City Any status People born in New York State outside the city can change name and marker together: the DIY program for Supreme Court or County Court prepares the papers and the Application for Correction of Certificate of Birth for Gender Designation. If you change your name first, wait for the signed court order before filling it in. The Bureau of Vital Records of the New York State Department of Health has details. [nycourts.gov](https://www.nycourts.gov/help/name-change-andor-sex-designation-change/sex-designation-change-basics) - Born in another U.S. state Any status First find out whether your birth state allows a marker change on the birth certificate and what it requires: an application or a court order. The ID Documents Center of Advocates for Trans Equality (A4TE), formed in 2024 by the merger of the National Center for Transgender Equality and the Transgender Legal Defense and Education Fund, collects state-by-state information. [transequality.org](https://transequality.org/documents) - Born abroad Any status The court and NYC Health rules apply to US birth certificates. A marker on a foreign birth certificate or passport depends on the issuing country's rules, and for an immigration case that is a question for a lawyer. ## Gender marker in federal documents Federal gender marker rules keep changing and differ from city and state rules. Check the requirements before filing; a lawyer can tell you how they affect your case. - USCIS: only M or F Asylum applicants With a work permit (EAD) Granted asylum Green card Since April 2, 2025, USCIS recognizes only M and F. If your choice on a form differs from the birth certificate issued at or nearest to birth, the certificate decides when it shows M or F; if it shows something else, USCIS may decide from other evidence. USCIS won't deny a benefit just for a wrong sex entry, but a mismatch can delay the case. Sex is printed on green cards, EADs and naturalization and citizenship certificates, and USCIS won't issue a document with a sex that differs from the birth certificate. This is from the USCIS Policy Manual (October 27, 2026 version). [uscis.gov](https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5) - SSA: a ban on changing the sex in records Any status According to Advocates for Trans Equality (A4TE), on January 31, 2025 the SSA issued guidance barring sex changes in Social Security records. SSA services for name and personal data changes have no sex field. [transequality.org](https://transequality.org/documents/know-your-rights-social-security) - U.S. passport: only M or F Any status US passports are for citizens, so this matters after naturalization. The State Department says it no longer issues X passports and uses only M or F matching sex at birth. On November 6, 2025 the Supreme Court stayed the preliminary injunction in Orr v. Trump; the State Department updated this information on March 16, 2026. Asking for a different marker can delay a passport. A passport whose sex doesn't match sex at birth is replaced with form DS-5504 (free if under a year old) or DS-82 or DS-11 (over a year, all fees apply). [travel.state.gov](https://travel.state.gov/en/passports/apply/unique-needs/sex-markers.html) ## Where to get help - Sylvia Rivera Law Project Any status Free Legal help for low-income transgender, intersex and gender-nonconforming people. Email legal@srlp.org, but leave details out of the first email: people other than the lawyer may read it. Email works even when intake is closed. [srlp.org](https://srlp.org/legal-services/) - Legal Services NYC Any status Free Free help for LGBTQ+ people and people living with HIV with a court name change and with updating the name and gender marker on documents. Sign up for the Name Change and ID Update Clinic through the form on the page, or call [917-661-4500](tel:9176614500) and press 3 for Russian. Help depends on the lawyers' capacity and where you live. [917-661-4500](tel:9176614500) [legalservicesnyc.org](https://www.legalservicesnyc.org/resources/lgbtq-rights) Mon–Fri 9:30 am–4 pm - ONA hotline Any status Free New York State's Office for New Americans hotline: over 200 languages, confidential and anonymous. Operators give information and refer you to organizations. Say "Russian" and they answer through an interpreter. [1-800-566-7636](tel:18005667636) [dos.ny.gov](https://dos.ny.gov/office-new-americans) Mon–Fri 8 am–8 pm, Sat–Sun 9 am–5 pm (Eastern time) ## Glossary: definitions of special terms and abbreviations - ****: - ****: - ****: - ****: - ****: - ****: - ****: - ****: - ****: - ****: - ****: This is general information, not legal advice: QARAVAN has no lawyers. QARAVAN does not help anyone enter the US and cannot arrange visas, invitations, sponsorship or evacuation. For your own case, talk to a licensed immigration attorney or a representative accredited by the U.S. Department of Justice. [All pages: IDs and documents](https://www.qaravan.org/resources/documents/) **Sources, checked November 2026** - [nyc.gov/site/idnyc/frequently-asked-questions/frequently-asked…](https://www.nyc.gov/site/idnyc/frequently-asked-questions/frequently-asked-questions.page) - [dos.ny.gov/office-new-americans](https://dos.ny.gov/office-new-americans) - [dmv.ny.gov/driver-license/change-information-on-dmv-photo-docu…](https://dmv.ny.gov/driver-license/change-information-on-dmv-photo-documents) - [nycourts.gov/help/diy-forms/adult-name-change-petition-program](https://www.nycourts.gov/help/diy-forms/adult-name-change-petition-program) - [srlp.org/legal-services](https://srlp.org/legal-services/) - [transequality.org/documents/know-your-rights-social-security](https://transequality.org/documents/know-your-rights-social-security) - [transequality.org/documents](https://transequality.org/documents) - [travel.state.gov/en/passports/apply/unique-needs/sex-markers.h…](https://travel.state.gov/en/passports/apply/unique-needs/sex-markers.html) - [nyc.gov/site/doh/services/birth-death-records-corrections-birt…](https://www.nyc.gov/site/doh/services/birth-death-records-corrections-birth.page) - [nycourts.gov/help/name-change-andor-sex-designation-change/nam…](https://www.nycourts.gov/help/name-change-andor-sex-designation-change/name-change-basics) - [nycourts.gov/help/name-change-andor-sex-designation-change/sex…](https://www.nycourts.gov/help/name-change-andor-sex-designation-change/sex-designation-change-basics) - [nycourts.gov/help/representing-yourself-court/fee-waivers](https://www.nycourts.gov/help/representing-yourself-court/fee-waivers) - [nycourts.gov/new-york-city-civil-court/nyc-civil-court-directory](https://www.nycourts.gov/new-york-city-civil-court/nyc-civil-court-directory) - [nycourts.gov/new-york-city-civil-court/nyc-civil-court-name-an…](https://www.nycourts.gov/new-york-city-civil-court/nyc-civil-court-name-andor-sex-designation-change) - [nysenate.gov/legislation/laws/CVR/62](https://www.nysenate.gov/legislation/laws/CVR/62) - [nysenate.gov/legislation/laws/CVR/64-A](https://www.nysenate.gov/legislation/laws/CVR/64-A) - [uscis.gov/policy-manual/volume-1-part-e-chapter-5](https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-5) - [legalservicesnyc.org/resources/lgbtq-rights](https://www.legalservicesnyc.org/resources/lgbtq-rights)