With this name change order in hand, the person can change their name down the line – at work, school and school, with Social Security, voter registration and on driver`s license, passport, credit cards and bank accounts, in a will and other estate planning documents. The next step would be, if desired, to receive the so-called “Federal Charter” and all the “letters of state” necessary to change gender identification. This is a letter from the person`s doctor certifying the person`s transition to the identified gender. The form for federal letters for the State Department, in which you would update a passport and Social Security, as well as instructions can be found online. Paula, before discussing the process of changing life dates, what are some of the basic concepts estate planners should know about transgender clients or beneficiaries? Thank you, Paula, there are many reasons why it is imperative that trans people have identity documents that match their name and gender identity. The first is the one we can all understand is this: it can be annoying or embarrassing for one of us to be called by the wrong name or to be placed in a category that is not applicable to us due to assumptions or prejudices. The same goes for trans people. It is a matter of courage for them to obtain identity documents that match their identified name and gender, and it is a matter of general courtesy and respect for others who interact with them to use their real name and pronoun. Paula, are there any unique estate planning issues for transgender clients and clients with transgender beneficiaries? Cynthia and Paula described some of the challenges transgender people face in updating their important files, as well as the issues and scenarios that legal counsel need to consider when helping clients with their estate planning and legal documentation needs. Take conscious action to learn more about the LGBTQ community.
For a list of resources on this topic, see actec.org/diversity. Also note that in many states, there are even differences in forms, fees, and processes for name change and gender tag orders, and attorneys can help you navigate these requirements. It can also be intimidating for people who are not used to appearing without a lawyer in these cases, and the presence of a lawyer can be extremely comforting for the person and helpful for the court, which rarely has the opportunity to see these kinds of motions. Cynthia, tell us why it`s important for trans people to have vital statistics documents that match their name and gender. Well, the first transgender, an adjective that refers to someone whose gender identity – that`s their inner sense of sex – doesn`t match their identified gender at birth. Cisgender, and this is c-i-s, is a person whose gender identity matches their identified gender at birth. And similarly, some people consider themselves non-binary and don`t identify with a particular gender. Gender identity is different from sexual orientation and varies between transgender people as it does between everyone else.
A transgender person can be gay, lesbian, heterosexual or bisexual. It is also important to understand that it is a private matter whether a transgender person chooses medical interventions and should not be questioned. There is a limited exception in an attorney-client relationship if and only if it is relevant to representation, such as discussing the law regarding updating sex on a birth certificate. Please visit the resource webpage for this video – actec.org/diversity/transgender – for a link to the GLAAD Media Reference Guide for LGBTQ-Specific Terminology. Finally, whether a person is transgender or not is private, and it should be considered confidential, except to the extent that the transgender person discloses it. Although I am very open about my gender identity, the decision to be open or confidential about one`s gender identity is personal to the individual. “CenterLink can help individuals find an LGBTQ+ center near them, WPATH sets policies for transgender health care (but their approach is controversial to some community members), and the National Center for Transgender Equality has more information about policies, such as those related to changing identity documents,” Lingala adds. Yes. Your new photo must look like your current appearance and meet our passport photo requirements.
Another consideration to keep in mind is that there are still many political divisions regarding transgender rights, as well as legislative and regulatory measures, both supportive and unfavorable. An estate planner must prepare estate planning documents for use in a jurisdiction that may be hostile to their client`s rights. Policies to change sex characteristics on birth certificates vary from state to state, resulting in a complex patchwork of processes across the country. This resource provides an overview of states that have a process for updating gender marks on birth certificates, and provides a basic overview of what those states` policies look like. You can change or correct a passport by following the steps on our website. Please visit the web resource pages in this video for more information and a link to the Trans Legal Services Network, hosted online by the National Center for Transgender Equality. This website provides government guidance on changes to important datasets and a list of member organizations and firms that provide legal services for changes to important datasets. To replace a limited validity passport with a full-validity passport in this situation, submit Form DS-5504. To use this form, you must submit your application within two years of the date your previous passport was issued.
You do not have to pay a fee unless you request an optional and expedited service. Please note that expedited service is not yet available if you request a passport booklet with a gender X mark. If your limited validity passport was issued more than two years ago, please use Form DS-11 and follow the steps on our Apply for Individuals page. 15% of the LGBTQ population lives in states that are unaware of surgical/clinical requirements and/or require a court order to change gender labeling If a customer visits a passport agency`s public counter before the end of 2023 and needs a passport to travel immediately, he will choose a binary gender marker (M or F). At the end of their trip, they have up to one year from the date of issue to apply for a free replacement routine passport with an X gender marker using Form DS-5504. Similarly, U.S. embassies and consulates will not be able to offer emergency passports with X-gender characteristics until all technology updates are completed by the end of 2023. If an X-sex passport holder loses their passport while travelling abroad, they must select a binary sex marker (M or F) to obtain an emergency passport. At the end of their trip, they have up to one year from the date of issue to apply for a free replacement routine passport with an X gender marker using Form DS-5504.
27% of the LGBTQ population lives in states where requirements are unclear, individual discretion in court, or blanket waivers to publicly announce a name change For some people, changing their gender identity on legal documents like their driver`s license is an important part of their transition journey. while others do not. There is no right or wrong decision, and everyone`s transition journey is unique for them. You can find several resources, both online and in person, that can help you navigate the process in a way that works for you. Cynthia, what records can be changed and tell us in general how this can be achieved? Lingala also recommends that trans folx build a strong support system during the transition, if possible. She suggests that individuals look at resources like Centerlink, WPATH, and the National Center for Transgender Equality. We will post updates on this website as soon as the X gender marker is available on these additional documents we publish. During or after the transition process, people who identify as transgender or non-binary can also update their legal identity on government-issued documents, such as driver`s license and passport. In addition to male and female gender options, some states have added a neutral “X” option for non-binary, intersex, or gender non-conforming people. Thank you, Cynthia.
In addition to a will and a standing power of attorney, it is very important to have powers of attorney in the health care system. If someone does not have a power of attorney for health care, the law in most states states that the next of kin determines who makes health care decisions if a person is unable to make theirs. For many transgender and LGBTQ clients, there may be family members who do not respect their gender identity or relationships. Thus, the health worker can help ensure that health care providers, family and visitors respect the client`s gender identity and associated relationships. Welcome to our one-stop shop for more information on name and gender changes. Learn how to update your name and gender on state and federal ID cards and records. COVID-19 disruptions: Due to the ongoing COVID-19 pandemic, many courts and government agencies have made significant changes to their operations.