How Trump's Executive Order Impacts Gender Marker Changes
Last updated February 10 2025
- State-issued forms of identification, such as birth certificates and driver’s licenses, are not affected by the executive order. Garden State Equality can help with your New Jersey name and gender marker change process—just scroll down on this page.
REAL IDs: Applications for REAL IDs with inconsistent gender markers between state and federal documents should not be denied.
If your REAL ID application is denied, report it to us immediately through this form or via email.
We have confirmed that the Motor Vehicle Commission has not yet received direction on handling REAL ID applications with inconsistent gender markers on federal and state documents and will continue to process gender marker changes as normal. The process to change the gender marker on a standard-issue New Jersey license is unaffected by this situation.
The State Department has issued official guidance on its passport policy. In summary:
- If you hold a passport with an amended gender marker, including an X gender marker: Your passport remains valid. However, if you need to renew your passport while the current policy is in place, you will no longer be able to obtain a passport with the amended gender marker.
- If you have a passport application in process: If you sent out a passport application prior to the executive order and it included a change in gender marker, you will likely receive a request for more information soon. Under the current policy, the State Department will only issue passports that match an individual’s sex assigned at birth, “based on your supporting documents and…records about your previous passports.”
- If you need to renew your passport: Applications for passport renewals with amended gender markers will be met with a request for more information. This applies even if you are renewing a passport with an already changed gender marker. Under the current policy, the State Department will only issue passports that match an individual’s sex assigned at birth, “based on your supporting documents and…records about your previous passports.”
You can consider applying for a passport with only a name change and no gender marker change, but this may also carry risk. - If you need to apply for a new passport: If all the materials you are submitting as part of your new passport application have consistent M or F gender markers, you are in a lower-risk situation and may be able to get your application processed without issue. We do not recommend applying for a new passport if any materials you submit contain a gender marker different from the passport you are applying for.
How to Legally Change Your Name and Gender Marker
Check out our new infographics on the name change process in New Jersey!
If you would like to sign up for more information from Garden State Equality about upcoming Name Change Project events, click here.
Name Change Court Order
The first step to legally changing your name in New Jersey is getting a court order.
The New Jersey Courts have packets to help with this process:
As of December 2020, publishing name change requests and court orders in a newspaper is no longer required in New Jersey.
Driver’s License/State ID
To update your name on your driver’s license or state ID, you must submit a certified copy of your court order. The MVC has more information on name changes on its website.
To update your gender marker on your driver’s license or state ID, you must submit a Declaration of Gender Designation Change form.
As of April 2021, X gender markers are now available on driver’s licenses and state IDs in addition to M and F gender markers.
Birth Certificate
Use the following forms from the Office of Vital Statistics & Registry to update your name and gender marker on your or your child’s New Jersey birth certificate:
- Petition for name and gender marker change for adults
- Petition for name and gender marker change for minors
If you were born outside of New Jersey, you must update your name and gender marker through the jurisdiction you were born in. In most cases, you may use your New Jersey court order to complete the name change. Advocates for Trans Equality has more details on birth certificate changes in U.S. states and territories.
Get Help with Your Legal Name Change
Northeast New Jersey Legal Services
We work in conjunction with Northeast New Jersey Legal Services name change clinics to provide trans adults (ages 18+) with assistance in the process of a name change in New Jersey. (We can assist individuals under the age of 18 with parental consent.)
NNJLS services are available to individuals residing in Bergen, Hudson, or Passaic Counties and who qualify based upon household income.
What are the Steps?
- Fill out Garden State Equality’s Name Change Assistance Form.
- NNJLS is currently scheduling clinics for the 2025/ 2026 year.
- If you are interested in receiving service from NNJLS, you will speak to a NNJLS intake specialist who will determine if you qualify for NNJLS services.
- If you are eligible for NNJLS services, a member of the Pro Bono Partnerships Project (PBPP) at NNJLS will reach out to you. You’ll sign a pro bono agreement with their program if you choose to continue with their services. For eligible individuals, services through NNJLS and PBPP are free.
- Depending on program availability and client need, either a pro bono attorney will assist you with filling out and filing the name change petition through a pro se clinic, or you will be represented by a pro bono attorney who will file the petition on your behalf, and keep you updated with the process.
- For NNJLS eligible individuals who are represented by a volunteer attorney, the court’s filing fees are waived. For those who are assisted in filing a pro se petition, your fees may be waived by the court if you are eligible for fee waiver.
Newark Law Students
We work in conjunction with a coalition of Newark law students who, under a supervising attorney, provide support in the submission of a name change petition.
Stay up to date with their name change project here.
Frequently Asked Questions
Q: What is a self-service petition?
A: You fill out the Name Change petition with support from a partner organization to guide you step by step.
Q: Do the volunteer law organizations cover filing fees for the name change petition?
A: No, partner organizations do not cover the filing fees for the name change petition. This is a self-service, self-pay petition process. The volunteer law students will assist you with the entire process, including seeing if you qualify for a filing fee waiver through the courts.
If you need assistance with the name change process, please contact Garden State Equality for support.
Additional Resources
- New York Legal Assistance Group, New York, NY
- Sylvia Rivera Law Project, New York, NY
- NJCRI, Newark, NJ
- Chosen Family Law Center, NJ and NY