New Policy On Gender Change In Passports Announced

[Guest Liam]

http://www.state.gov/r/pa/prs/ps/2010/06/142922.htm

New Policy on Gender Change in Passports Announced

Office of the Spokesman

Washington, DC

June 9, 2010

The U.S. Department of State is pleased to use the occasion of Gay, Lesbian, Bisexual, Transgender Pride Month to announce its new policy guidelines regarding gender change in passports and Consular Reports of Birth Abroad.

Beginning June 10, when a passport applicant presents a certification from an attending medical physician that the applicant has undergone appropriate clinical treatment for gender transition, the passport will reflect the new gender. The guidelines include detailed information about what information the certification must include. It is also possible to obtain a limited-validity passport if the physician’s statement shows the applicant is in the process of gender transition. No additional medical records are required. Sexual reassignment surgery is no longer a prerequisite for passport issuance. A Consular Report of Birth Abroad can also be amended with the new gender.

As with all passport applicants, passport issuing officers at embassies and consulates abroad and domestic passport agencies and centers will only ask appropriate questions to obtain information necessary to determine citizenship and identity.

The new policy and procedures are based on standards and recommendations of the World Professional Association for Transgender Health (WPATH), recognized by the American Medical Association as the authority in this field.

[Sally]

If that actually means what I think it does - I am getting very excited.

It reads like a new passprt can be issued to pre ops who have their letters from therapists - that makes a trip to Thailand a lot easier.

Love ya,

Sally

[Guest Sam_P]

If that actually means what I think it does - I am getting very excited.

It reads like a new passprt can be issued to pre ops who have their letters from therapists - that makes a trip to Thailand a lot easier.

Love ya,

Sally

This is the current situation in the UK. I wasn't aware that the US had 'stricter' requirements - that sucks! Once this is in place does that mean everything can be changed with the psychs' letters with regards to documentation in the US?

[Guest Pól]

Good news for you Americans!

[Carolyn Marie]

This is fantastic news, Liam. Thanks so much for posting it.

I couldn't find the actual guidelines on the site. If you or someone has found that link, please post it.

Carolyn Marie

[Guest Liam]

This is the current situation in the UK. I wasn't aware that the US had 'stricter' requirements - that sucks! Once this is in place does that mean everything can be changed with the psychs' letters with regards to documentation in the US?

Not everything, not even close. Some states will allow you to change your drivers license or state ID with a letter from a doctor or therapist, but by no means all. Social Security still requires that you have surgery, as do most drivers licenses/state IDs and almost all birth certificates. Some states won't even allow you to change your gender on your birth certificate at all, no matter what. But this is at least a step in the right direction.

Carolyn Marie, I don't think the official guidelines have been posted online yet. I'm assuming they will soon, though, seeing as the policy goes into place tomorrow. As soon as I find anything out, I'll let you all know.

[Guest Evan_J]

Screw excited, I'm on my way to apply for my passport !!

[Guest angie]

It's about time the government woke up.

Why should a woman have to out herself on the way

to becoming complete,when all it will take is a simple

letter from our attending physican saying who we are,

and what we are being treated for,to have out new temporary

pass port reflect our true gender.It will make traveling out of

country a whole lot safer.You know I like hearing the new rules.

But I know a whooole lot of post ops that will be PO'd that we are

being granted this before corrective surgery.When they had to wait

until after.Oh well.

Angelique

[Guest Jewel]

Here's the full policy from the state department web site

Basically the deal is that you need a letter from an attending medical physician in the United States, who must be an internist, endocrinologist, gynecologist, urologist, or psychiatrist, which states the following:

I, (physician’s full name), (physician’s medical license or certificate number), (issuing State of medical license/certificate), (DEA Registration number), am the attending physician of (name of patient), with whom I have a doctor/patient relationship. (The letter must indicate that the physician is either an internist, endocrinologist, gynecologist, urologist or psychiatrist.)

And then either

(Name of patient) has had appropriate clinical treatment for gender transition to the new gender (specify new gender male or female).

Or

(Name of patient) is in the process of gender transition to the new gender (specify new gender male or female).

plus the following

I declare under penalty of perjury under the laws of the United States that the forgoing is true and correct.

Signature of Physician

Typed Name of Physician

Date

If your letter uses option 1, then you get a normal 10-year passport. If it uses option 2, you get a 2-year temporary-validity passport.

[Guest angie]

So I can have the absolute pleasure of having my birth certificate corrected right...

I have held off on having it amended.Having this new change in getting my passport

with my correct gender(without having to jump through hoops) will make traveling to

the far east much simpler and safer. Someone was looking out for us,when they saw

our side.

Angelique

[Guest Sam_P]

If you have a passport with your correct details after this, is there no way of using your passport as ID to apply for a drivers' license etc.? Sorry, trying to figure out the US system and failing to find its logic! If they still won't allow you to change drivers' licenses they're legally sanctioning two sets of differing data for one person.

I'm assuming the hope is to eventually change the system to one like the UK has? (I.e. letter saying that you're transitioning is enough to legally change all gender markers on official documents.)

[Guest Liam]

If you have a passport with your correct details after this, is there no way of using your passport as ID to apply for a drivers' license etc.? Sorry, trying to figure out the US system and failing to find its logic! If they still won't allow you to change drivers' licenses they're legally sanctioning two sets of differing data for one person.

I'm assuming the hope is to eventually change the system to one like the UK has? (I.e. letter saying that you're transitioning is enough to legally change all gender markers on official documents.)

I believe you need to give them your social security number when you apply for a drivers license. You can show your passport instead of your birth certificate to verify your birthdate, but your gender will still be linked to your social security number.

[Guest Jewel]

If you have a passport with your correct details after this, is there no way of using your passport as ID to apply for a drivers' license etc.? Sorry, trying to figure out the US system and failing to find its logic! If they still won't allow you to change drivers' licenses they're legally sanctioning two sets of differing data for one person.

I'm assuming the hope is to eventually change the system to one like the UK has? (I.e. letter saying that you're transitioning is enough to legally change all gender markers on official documents.)

It's a bit of a mess in the U.S. Driver's Licenses are handled by the states. Each state has its own laws and policies in this regard. And in some cases, the policies aren't particularly well documented or formalized, so you can end up at the mercy of whatever employee you happen to encounter. In some states, a Passport with the correct gender may be sufficient to change the gender marker on your license and/or birth certificate. In others it may not.

In general if you're applying for a license for the first time in a given state, then having a passport with the correct gender should be sufficient. But changing existing licenses and records can be tougher.

[Guest Natalie92]

If you have a passport with your correct details after this, is there no way of using your passport as ID to apply for a drivers' license etc.? Sorry, trying to figure out the US system and failing to find its logic! If they still won't allow you to change drivers' licenses they're legally sanctioning two sets of differing data for one person.

I'm assuming the hope is to eventually change the system to one like the UK has? (I.e. letter saying that you're transitioning is enough to legally change all gender markers on official documents.)

The difference between the US and the UK is that the UK is a unitary government whereas the US is a federalist government. In other words, in the UK all regional governments receive their power from the central government (which is the opposite of a Confederate form of government where the central government receives its power from the regional governments). In the US, under a federalist government, since both the central and regional (ie state) governments receive their power from the people instead of another government, they maintain some level of sovereignty from the other (although the central government is supreme in cases where power of each government overlaps). The central government has the sole authority to issue passports while the state governments have the sole authority to issue driver's licenses. Quite simply you have 2 different governments deciding how to identify you. And because of this, the US will almost NEVER have the same system the UK has because the state governments (and remember, there are 50 of them) have the right to choose what is required to change name or gender on certain documents and the US government has the right to choose what is required on all other official documents.

Natalie