Name and Gender Marker Change Process On Identity Documents

Table of Contents Page Name Change I. Overview……………………………………………………….

II. Court Process to Change a Name……………………………… 2 3

a. Name Change Petition Form……………………………… 3 b. Fees……………………………………………………….. 4 c. Extra Copies……………………………………………….. 4 d. Youth……………………………………………………… 4­5

III. Identity Documents and Government Databases………………. 5 a. Name Change with Social Security……………………….. 5­6 b. Name Change on a Massachusetts State­Issued ID’s……... 6 c. Name Change on a Passport………………………………. 7­8

Gender Marker Change Immigration Documents Military Records

I. Massachusetts State ID or License…………………………….. 9­10

II. Social Security…………………………………………………. 10­11 III. Passport………………………………………………………... 11­13 IV. Birth Certificate (both name and gender marker)……………… I. Overview……………………………………………………….. II. Employment Authorization Card………………………………. III. Permanent Resident Card………………………………………. IV. Naturalization Card.……………………………………………. I. Overview…………………………………………………….... II. DD214 Military Discharge Record……………………………. III. Defense Enrollment Eligibility………………………………...

14 15­16 16 16­17 17 17 17­18 18­19

Appendix I. Resources……………………………………………………… 20 II. Forms and Documents Cited………………………………….. 20­21 III. Sample Letters…………………………………………………

IV. Additional Information……………………………………….. a. Passport Photos…………………………………... b. Probate Court Locations………………………….. c. Military Branches’ Departments of Correction…. d. Suggested Answers to DD­149…………………...

21 22 22 23 23­24 24

I.

Overview

Legally changing your name and/or gender markers on identity documents can be a very lengthy process. Some examples of government­issued identity documents can include but are not limited to Driver's License/State ID, Passport, Social Security Card, etc. There are several steps one must follow when changing either their name and/or gender marker. The goal of this pamphlet to lay out detailed step­by­step directions to make the process more manageable. In the first part of this pamphlet, the Massachusetts Transgender Political Coalition has complied instructions on how to obtain a legal name change court order followed by informative steps on how to change your name on a Social Security Card, Massachusetts Driver’s License/State ID, and Passport. The second part of this pamphlet, provides instructions on how to change your gender marker on a Massachusetts Driver’s License/State ID, in the Social Security database, on a Passport, and finally your birth certificate (both name and gender marker). Through the Name Change process, MTPC suggests you follow this order:

1. Obtain a Legal Court Order (You will need this to perform any legal name change actions) 2. Change your name with the SSA 3. Change your name on your Massachusetts License/ID at the RMV 4. Unless you need to travel immediately, change your name on a passport after the SSA and RMV. 5. Since a Birth Certificate is the least needed federal document needed to prove identity, we

suggest saving your Birth certificate as one of the last identity documents to change (must also change your gender marker at the same time).

Through the Gender Marker Change process, MTPC suggest you follow this order:

1. Change your gender marker on your Massachusetts Driver’s License/State ID as it is the most commonly used piece of identification.

2. Change your gender marker with the Social Security Administration 3. Again unless you need to travel immediately, change your gender marker on your passport after

the RMV and SSA. 4. Change your gender marker on your birth certificate (must also change your name).

For some of these documents, you may be able to change your name and gender marker at the same time.

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II.

Court Process

In order to file for a legal name change, you need to go to probate/family court in your county. Probate Court locations can be found here (See Appendix as well).

PAPERWORK NEEDED: A certified copy of your birth certificate (if you do not have a certified copy of your birth

certificate, http://www.cdc.gov/nchs/w2w.htm has information on individual state policies and fees.)

If applicable: any previous name change decrees Name Change Petition Form If applicable: letter from spouse acknowledge they are aware of your request for a name

change

NAME CHANGE PETITION FORM You can get the form at the probate court, or you can download a copy of the form here or MTPC can email you a copy of the form.

You are the petitioner: fill in your current legal name and address

Reason for change: Some people choose to write: “common usage,” “personal” or “it’s the name that I use.”

To change your name you do NOT need:

to be on hormones; to have surgery; to have a note from a therapist.

As long as you are not changing your name in order to commit fraud, you have the right to change your name either through a court process or through “common usage.”

If you are changing your first and last name you may be required to put a notice in the newspaper. This is a separate fee that can vary and you can usually choose which paper to use for this.

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Each probate court has different process for handling name changes — in some courts you may go before a judge or before a judge’s clerk; in other courts, the judge looks at the petitioner’s paperwork outside the petitioner's/your presence. You may be able to finish everything that day or the Clerk’s office may ask you to return in two weeks or so. If you face difficulty changing your name as a result of a criminal record, you may wish to contact a lawyer.

FEES The fee for a name change is $185 as of 2015 and may continue to rise over time. However, the fee should not prohibit anyone from changing their name. Local courts differ on the type of payments (cash, check, credit card, etc.) that they will accept. Call your court to find out the accepted methods of payment in that location.

IF YOU CAN’T AFFORD THE FEE: If you receive public benefits, have an income below your local poverty line, or otherwise cannot afford $180, fill out the “affidavit of indigency.” The Clerk of the Court can help you fill it out if you have any trouble. Do not pay any fee you cannot afford.

You can get the “affidavit of indigency” form at the probate court, or you can download it here or MTPC can email you a copy of the form. (Included in your ID Program Packet)

EXTRA COPIES: You will likely want to obtain several certified copies of your legal name change in order to change the documents listed below, and to change bank accounts, health insurance, student records, and any other changes you need to make. You can obtain certified copies from the probate court in which you filed your name change. There will be a fee (that varies from courthouse to courthouse) associated with obtaining certified copies.

Youth

MTPC gets many questions from people under 18 who want to obtain a name change. Here is what you need to know if you are a young person who seeks a legal name change:

1. If your parents agree with you that your name should be changed, a custodial parent or guardian can fill out a change of name for you on your behalf.

2. Your parent(s) will find out if you attempt to obtain a legal name change.

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3. If you have another parent who does not live with your custodial parent or guardian, that person will need to be notified. Your custodial parent or guardian can ask the court’s name change clerk for more information about this process.

4. If you have safety­related concerns about publishing your new name or providing it to a parent, you should seek legal advice (see below).

5. If your parents do not agree what your name should be, the court will decide based on its determination of your best interest. If you want to change your name and believe that one of your parents will object, we recommend that you seek legal advice. Gay and Lesbian Advocates & Defenders (GLAD) provides advice on name change issues.

6. Whether or not you go through the court process, it is legal to change your name by just changing the name that you use. Unfortunately, this method of name change will not allow you to change your legal documents like state ID, driver’s license, passport, etc.

III.

Identity Documents and Government Databases

A. Change your name with Social Security Office All documents you bring to Social Security need to be originals or certified copies by the issuing agency. You can find the nearest SSA office at the Social Security website (http://www.ssa.gov/agency/contact/).

PAPERWORK NEEDED: 1. Fill out a Form SS­5 (download it here), “Application for a Social Security Card.” (This

form is also available at SSA office and will be included in the ID program packet) 2. Proof of legal name change: A legal name change document, such as a court ordered name

change or marriage certificate (if you changed your name through marriage). The document must have the old name and new name listed on it. If it does not have enough identifying information, SSA will request an identity document in your prior name and another in your new legal name in addition to the name change document. (Massachusetts issued court­ordered name changes list old and new name)

3. If you were born outside of the U.S., you also need to prove your U.S. citizenship or current lawful, work­authorized immigration status.

4. If you are a U.S. citizen and have not previously established citizenship with SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship.

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Your name in employment personnel records should match the name on your Social Security card until you receive the revised card.

There is no fee associated with obtaining a Social Security Card.

B. Change your name on MA state­issued ID such as driver’s license or MA ID card

All documents you bring to RMV need to be originals or certified copies by the issuing agency.

PAPERWORK NEEDED: 1. Proof of legal name change — A court order showing your legal name change. 2. Your Social Security Card with your new legal name change 3. Cash for the RMV fee. (check RMV site here for current fees, currently $25). 4. Change of Information on a License/ ID Card Application (Can be found here).

Although changing your name on driver’s license is standard procedure for RMV employees, there have been some incidents where a clerk has tried to deny a name change (often through ignorance rather than malice). As long as you have all the necessary legal paperwork the employee is forbidden from denying your name change. The RMV does not have the authority to ignore a Court Order.

If the clerk denies your name change, ask to speak with a supervisor. Record the name of the clerk, date, time, and reason you were given for the denial. Record the name, date, time, and outcome of speaking with the supervisor. If the supervisor refuses to change your name, ask to speak with the RMV branch manager, and again record name, date, time and outcome. Contact MTPC for further information or assistance at 617­778­0519.

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C. Changing your name on your passport

All documents need to be originals or certified copies by the issuing agency.

IF YOU HAVE A CURRENT VALID PASSPORT LESS THAN ONE YEAR OLD:

1. A completed application for a U.S. Passport: Name Change, Data Correction, and Limited Passport Book Replacement Form DS­5504, which you can download here. There is no fee associated with this form unless expedited service is requested.

2. A certified copy of a marriage certificate or name change court decree to prove that your name has legally changed.

3. Your current passport 4. Two new photos (See Appendix for notes on Passport Photos) 5. Using the DS­5044 form, there is no fee unless you need your passport immediately.

Using US Postal Service, mail all of this information to:

For Routine Service (No Fee) National Passport Processing P.O. Box 90107 Philadelphia, PA 19101­3290 For Expedited Service (Additional Fee of $60) National Passport Processing Center P.O. Box 90907 Philadelphia, PA 19101­0907

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IF YOUR PASSPORT IS OLDER THAN ONE YEAR: 1. A completed DS­82 form (Application for a U.S. Passport by Mail), which you can

download here. 2. A certified copy of a marriage certificate or name change court decree to prove that your

name has legally changed. 3. Your current passport. 4. Two new photos. 5. You will have to pay all of the fees associated with getting a new passport.

Using US Postal Service, mail all of this information to:

For Routine Service (No Fee) National Passport Processing P.O. Box 90155 Philadelphia, PA 19190­0155 For Expedited Service (Additional Fee of $60) National Passport Processing P.O. Box 90955 Philadelphia, PA 19190­0155

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Gender Marker Changes

Your gender marker is the part of your ID card that specifies your ‘sex’ (male or female). Many transgender people choose to change their gender marker on some or all of their ID’s to better reflect their gender identity. There are many different forms of state and federal ID’s (like passports, driver’s licenses, and birth certificates). The process for changing your gender marker depends on which ID you are trying to change. Please note that changing your gender marker for one ID will not change the gender marker on a different form of ID. For example, changing the gender marker on your driver’s license does not automatically change the gender marker on your birth certificate. Therefore, you will have to go through a separate process for each ID you want and/or need to change. If a care professional (doctor, therapist, etc.) needs to sign a form have them sign in blue ink. Here’s all the information you need to know to change your gender marker on various government documents (MA state and federal). I. Massachusetts Driver’s License/State ID Card

To change the gender marker on your state issued identification, you need to submit an Change of Information Application together with a Gender Designation Change Form, signed by you and a medical provider attesting to the gender that you consider yourself to be. The medical provider should be a licensed physician, therapist or counselor, or psychiatric social worker. A copy of the Gender Designation Change Form is available from MTPC or at the RMV as well as included in the ID program Packet.

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You are no longer required to submit medical proof of sex reassignment surgery or an amended birth certificate. The next edition of the Registry of Motor Vehicles Driver’s Manual will reflect the new policy.

If your current state issued identification/license has a name you do not use anymore or has not been updated since you have legally changed your name, you must also bring your court ordered name change document.

Amending an I.D./License will cost $25.00. If you do not have an I.D./License yet, applying for a new license will cost $50.00.

II. Social Security Card

Your social security card doesn’t say whether you are male or female. However, the Social Security Administration (SSA) does keep a record of your sex. Some people choose to change the sex on record. REQUIRED DOCUMENTS:

1. A completed Form SS­5 “Application For A Social Security Card“ 2. Proof of identity. One or more identity documents in your new legal name, such as, a driver

license, passport, state­issued ID, etc. These documents must show your current legal name. 3. Proof of Gender Transition: Medical certification of appropriate clinical treatment for

gender transition in the form of an original signed statement from a licensed physician. More information and a sample letter is available at transequality.org/Resources/SSAResource_June2013.pdf.

4. Citizenship: 1. If you are a U.S. citizen and have not previously established citizenship with

SSA, you will need to present a birth certificate, U.S. passport, or other proof of citizenship. Note: your birth certificate or other document establishing citizenship does not need to show your current name or gender. However, you will need to show proof that you are the same person, such as with a court order for legal name change.

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2. If you are a non­citizen, you will need to show documents proving your immigration status and work eligibility, such as: Form I­551; I­94 with unexpired foreign passport; and/or work permit card (I­766 or I­688B). Because there are many types and combinations of qualifying documents for non­citizens, you should call SSA to confirm that your documents qualify.

To read more about changing your social security information, visit “Transgender People and the Social Security Administration.” a. Doctor’s Letter

For many people, getting a doctor’s letter is the easiest option. The doctor you use MUST be a licensed physician like a psychiatrist, general practitioner, endocrinologist, etc. You can’t use a letter from someone who isn’t a doctor, like a counselor who doesn’t have a medical degree. The doctor who writes your letter does not need to be treating you for gender transition. “Appropriate clinical treatment for gender transition” does not mean that you need to have surgery or hormones. You may have already had these changes, you may be planning for them in the future, or you may have decided that these changes aren’t for you. In any case, “appropriate clinical treatment” just means that you have done what you and your doctor feel is right for you at this point in time. To see an example of an acceptable doctor’s letter, visit page 2 of “Transgender People and the Social Security Administration.

III. Passport

According to the NCTE guide, if you are requesting gender change, you must use form DS­11 and apply in person, even if you would otherwise be eligible to renew by mail. This is a new requirement. If you are only applying for a change of name, or do not need to change any information, you may be eligible to

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renew by mail using form DS­82. In order to request a new passport by mail, all the following must be true about your current passport:

Is undamaged and can be submitted with your application Was issued when you were age 16 or older Was issued within the last 15 years (up to 5 years after expiration) Was issued in your current name or you can legally document your name change

DS­82 (by Mail) Application Form

APPLY IN PERSON If the above statements do not apply, or you do not yet have a Passport, you will need to apply in person

In Person Application Form (DS­5504)

YOU WILL ALSO NEED TO SUBMIT THE FOLLOWING WITH YOUR APPLICATION: 1. Evidence of citizenship and proof of identity (for example, a driver’s license or birth

certificate). 2. A photo that is a good likeness of current appearance. (2×2 inches in size with white or

off­white background — these photos can be taken for $15.00 at acceptance facilities, such as designated Post Offices)

3. A fee of $75 to have a new passport issued. (An additional $25.00 is required for processing in­person applications. No credit cards accepted by mail or in person (Cash, check, or money order).

4. The State Department regulations require you to annotate the application with the words “gender transition.” The regulations do not state where this annotation must be and are brand new so we cannot track the experiences of others yet, so just make sure those words are somewhere on the application.

5. Attending physician’s letter stating that you have “had appropriate clinical treatment for gender transition” or are “in the process of gender transition.” This policy recognizes that people’s medical needs vary and that appropriate clinical treatment may be different for one person than for another.

6. See Appendix for Sample Letter 7. This letter must contain: [see 7 Fam. 1320 Appendix M(b) ]

Identification of the physician as an internist, endocrinologist, gynecologist, urologist or psychiatrist

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Physician’s full name Medical license or certificate number Issuing state or other jurisdiction of medical license/certificate Drug Enforcement Administration (DEA) registration number (if physician

does not have DEA number, for example if he or she practices in a foreign country, then further clarification or verification of the physicians bona fides must also be submitted)

Address and telephone number of physician Statement that he/she has a doctor/patient relationship with you Language stating that the applicant “has had appropriate clinical treatment for

gender transition to male/female (new gender)” or “is in the process of gender transition to male/female.” Note: If you are in the process of gender transition, the passport agency will issue a two year limited validity passport.

Statement: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.”

MTPC recommends that you give the physician a copy of the sample letter that appears in Appendix M. Ask the physician to model his or her letter closely after the sample and to include the information listed above.

The National Center for Transgender Equality has issued the following statement about these physician letters:

“No specific treatment is required, and details of your treatment need not be provided. In fact, NCTE encourages you and your doctor to only state in the letter that you have had the clinical treatment determined by your health care providers to be appropriate. Details about surgery, hormone treatment, or other treatments are unnecessary and not helpful.”

The regulations issued by the State Department specifically state that surgery is not a prerequisite for your new passport and that passport adjudicators and consular offices may not ask for additional medical information. In conversations with you, workers at the passport office are required to refer to you using the pronouns appropriate to your “new gender” and to ask only appropriate questions.

Fees: Though there is no passport fee waiver available for the general public (no­fee passports are available to family members of U.S. government officials), you may apply for a Passport Card ($20.00) instead of a Passport Book ($75.00). A Passport Card however, is only valid for ground and sea travel in North America only (a passport card cannot be used at any U.S. airport). A $25.00 processing fee still applies for all in person passport applications, including the passport card.

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IV. Birth Certificate

CHANGING YOUR NAME/GENDER ON YOUR BIRTH CERTIFICATE: The process for changing your name/gender on your birth certificate depends on the state or country for which you were born. Below is some information about changing your name/gender on your birth certificate if you were born in Massachusetts. Lambda Legal provides information about birth certificate changes in other states.

In Massachusetts, a person who has received appropriate medical intervention for gender transition, and has had a legal name change by a court, may have their birth record amended to reflect the newly acquired sex and name.

NAME The applicant must submit to the appropriate clerk a certified copy of the legal name change court order and can only do a name change when changing the sex marker.

SEX DESIGNATION The applicant must provide the town clerk (in town/city of birth) with a physician’s notarized statement indicating completion appropriate medical intervention for gender transition.

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I. Immigration Documents According to the NCTE, “Immigration documents such as Employment Authorization Cards, Permanent Resident Cards, and Naturalization Certificates are essential for starting employment, enrolling in school, obtaining other identification documents, and more. The United States Citizenship and Immigration Services (USCIS) allows individuals to update the name and/or gender marker on immigration documents.” The NCTE and MTPC always recommends you consult with an immigration attorney to receive advice specific to your immigration situation.

As of 2012, the USCIS will issue an initial or updated document reflecting the individual’s post­transition gender if the individual presents the following:

An amended birth certificate, passport, or court order recognizing the new gender; Medical certification of the change in gender from a licensed physician (a Doctor of

Medicine (M.D.) or Doctor of Osteopathy (D.O.)). Medical certification of gender transition received from a licensed physician (an M.D. or D.O.) is sufficient documentation, alone, of gender change. Additional information about medical certifications:

For the purposes of this chapter, only an M.D. or a D.O. qualifies as a licensed physician. Officers may accept medical certifications from any number of specialties as well as from general practitioners.

Statements from persons who are not licensed physicians, such as psychologists, physician assistants, nurse practitioners, social workers, health practitioners, chiropractors, are not acceptable.

The medical certification should include the following information: Physician’s full name; Medical license or certificate number; Issuing state, country, or other jurisdiction of medical license/certificate;

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Drug Enforcement Administration registration number assigned to the doctor or comparable foreign registration number, if applicable;

Address and telephone number of the physician; Language stating that that the individual has had appropriate clinical

treatment for gender transition to the new gender (male or female); Language stating that he/she has either treated the applicant in relation

to the applicant’s change in gender or has reviewed and evaluated the medical history of the applicant in relation to the applicant’s change in gender and that he/she has a doctor/patient relationship with the applicant; and

The applicant must submit evidence that any name change was completed according to the relevant state or foreign law;

The applicant may also be asked to submit acceptable evidence of identity in the new gender, if available. State law and foreign laws vary as to whether a driver’s license or other form of government issued identity document may be issued reflecting a gender change. If evidence of change of gender in the identity documents is not obtainable because of state, local or foreign requirements, the document may still be issued in the new gender based on the medical certification; and

A recent facial photograph that reflects a good likeness of, and satisfactorily identifies the applicant must be submitted. The photograph must agree with the submitted identification evidence and reflect the applicant’s current and true appearance. This can be submitted with the application or provided through biometrics collection at an Application Support Center.

NOTE: Proof of sex reassignment surgery is not required to issue the requested document in the new gender and evidence of such surgery will not be requested. If such surgery has taken place, a statement to that effect in the medical certification is sufficient to establish the fact. USCIS will not ask for records relating to any such surgery. II.

Employment Authorization Card (Online/By Mail)

Required Documents:

1. Form I­765, Application for Employment Authorization (http://www.uscis.gov/i­765) 2. Filing fee of $380 (subject to change) or a Fee Waiver 3. Two passport­style photographs 4. Supporting documentation

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If changing name, a court order for name change or other proof of legal name change. If changing gender, a birth certificate, passport, or court order recognizing the new

gender, OR a letter from a licensed physician certifying the change in gender, as shown in the sample letter.

III.

Permanent Resident Card (Online/By Mail)

To change the name and/or gender marker on a Permanent Resident Card, you must submit:

Form I­90, Application to Replace Permanent Resident Card (http://www.uscis.gov/i­90) Filing fee of $450 (subject to change) or a Fee Waiver Supporting documentation

If changing name, a court order for name change or other proof of legal name change. If changing gender, a birth certificate, passport, or court order recognizing the new

gender, OR a letter from a licensed physician

IV.

Naturalization Card (Mail to Texas or Nebraska Service Center)

To change the name and/or gender marker on a naturalization certificate, you must submit:

Form N­565, Application for Replacement Naturalization/Citizenship Document (http://www.uscis.gov/n­565)

Filing fee of $345 (subject to change) or a Fee Waiver Two passport­style photographs Supporting documentation

If changing name, a court order for name change or other proof of legal name change. If changing gender, a birth certificate, passport, or court order recognizing the new

gender, OR a letter from a licensed physician certifying the change in gender, as shown in the sample letter.

I.

Military Records

Currently there is no publicly available guidance from the Department of Defense on how to update your information in the Defense Enrollment Eligibility Reporting System (DEERS) and on the DD214 Military Discharge Record. Until clear guidance is published, below are our recommendations for how to update your information on military records (NCTE).

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II.

Changing Name on DD214 Military Discharge Record

Congress has authorized the correction of records when it is considered necessary either to rectify an error or to remove an injustice [10 U.S.C. § 1552 (a)(1)]. The form DD214 does not list gender but it does list your name. While for most non­transgender people a service record showing a former name does not communicate any sensitive information, for transgender people disclosure of the former name can be equivalent to disclosure of transgender status. This can be considered an injustice, and will be the strongest basis for your request to update your name on the DD214.

Each department of the military has their own Board for Corrections of Military Records that evaluates corrections of military records, and each Board has its own discretion to decide cases. The websites for each Board and the address to submit your application for correction can be found in the appendix of this document.

Documents Needed:

DD Form 149, Application for Correction of Military Record: http://www.dtic.mil/whs/directives/forms/eforms/dd0149.pdf

Evidence to support your name change request, as detailed below.

The DD149 form gives you the opportunity to make a case for why having a prior name on your military record is an injustice for you. You should personalize your responses on the DD149 form according to your situation. See the NCTE Website or Appendix for example responses to some of the questions (which are only the recommendation of NCTE, not official policy).

It is recommend including at least one, and as many as you have available, of the following:

A U.S. Passport showing your updated name and gender A state driver’s license or identification card showing your updated name and gender A court order recognizing your gender transition A signed statement, on office letterhead, from a licensed physician, verifying that you have had

appropriate clinical treatment for gender transition (See sample letter in appendix).

III.

Updating Name and/or Gender Marker Change in the Defense Enrollment Eligibility Reporting System (DEERS)

In order to change your name and gender in DEERS, the DEERS/RAPIDS Service Project Office for your military department must submit a request to Defense Human Resources Activity (DHRA) for review and

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implementation. A gender (or name) change in DEERS will not affect the eligibility of any of your existing dependents for military benefits.

Documents Needed:

The Service Project Office of your military department should submit scans of the below documentation for DHRA review, with the subject line “DEERS Record Change Request ICO First Name Last Name”.

Two forms of identification that are listed as acceptable on the federal Form I­9, one of which is a government­issued picture ID. Passports, driver’s licenses and Social Security cards are recommended, but the Department of Defense will accept all documents on page 9 of the I­9 list (http://www.uscis.gov/sites/default/files/files/form/i­9.pdf).

If name change is requested, a court order legally changing your name. If gender marker change is requested, a signed statement, on office letterhead, from a licensed

physician. The statement must include the following information: Physician’s full name; Medical license or certificate number; Issuing state or other jurisdiction of medical license/certificate; DEA registration number assigned to the physician; Address and telephone number of the physician; Language stating that the physician is your physician and has a doctor/patient relationship

with you; Language stating you have had the appropriate clinical treatment for gender transition to

male/female (for a definition of appropriate clinical treatment see question three below); and,

Language stating “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.”

DHRA will confirm with the Service Project Office when the record has been updated. The Project Office must then follow existing Service procedures to send an update to Defense Finance and Accounting Service (DFAS), or the Service equivalent pay office, to allow DFAS, or the Service equivalent pay office, to update its system with the corrected gender.

Note: Gender in DEERS cannot be changed for active duty service members. So long as the military branches continue to list transgender status as disqualifying, attempting to change your gender in DEERS could put you at risk of discharge or other negative repercussions.

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Resources to download:

MTPC Gender Marker Change Kit (http://www.masstpc.org/pubs/gendermarker/gender_change_kit_mar2011.pdf)

I. Resources NCTE: Know Your Rights: Passports (http://transequality.org/know­your­rights/passports) NCTE: Know Your Rights: Social Security (http://transequality.org/know­your­rights/social­security) GLAD: Legal Advice (http://www.gladanswers.org/) GLAD: Lawyer Referral Service (http://www.glad.org/rights/infoline/lawyer­referrals) Lambda Legal: Changing Sex Designation on Birth Certificates: State­by­State Guide

(http://www.lambdalegal.org/know­your­rights/transgender/changing­birth­certificate­sex­designations)

II. Forms and Documents Cited

Document Needed For Link Name Petition Form

Changing your name in the court

http://www.mass.gov/courts/docs/forms/probate­and­family/cjp27.pdf

Affidavit of Indigency

Waiving the fee for name change in court

http://www.mass.gov/courts/docs/forms/sjc/affidavitofindigency.pdf

Form SS­5 Application for a Social Security Card

http://www.ssa.gov/forms/ss­5.pdf

Form DS­5504 Application for a U.S. Passport: Name Change, Data Correction, & Limited Passport Book Replacement

http://www.state.gov/documents/organization/212249.pdf

DS­82 Application for a U.S. Passport by mail

http://www.state.gov/documents/organization/212241.pdf

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DS­11 Application for a U.S. Passport

http://www.state.gov/documents/organization/212239.pdf

MA RMV Gender Designation Change Form

Changing your gender on a MA License/ID

http://www.masstpc.org/pubs/gendermarker/MA_gender_change.pdf

Change of Information for a Passenger or Motorcycle License/Permit or ID Card Application

Changing your name and/or gender marker on a Motorcycle License/Permit or ID Card

http://www.massrmv.com/rmv/forms/21042.pdf

Change of Information on a Commercial Driver’s License (CDL) Application

Changing your name and/or gender marker on Driver’s License

http://www.massrmv.com/rmv/forms/21756.pdf

III. Sample Letters/Documents

7 FAM 1320 APPENDIX M EXHIBIT B

MODEL LETTER FOR LICENSED PHYSICIAN CERTIFYING TO THE APPLICANT’S GENDER CHANGE

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

(Licensed Physician’s Letterhead)

(Physician’s Address and Telephone Number)

I, (physician’s full name), (physician’s medical license or certificate number), (issuing U.S. State/Foreign Country of medical license/certificate), (DEA Registration number or comparable foreign designation), am the physician of (name of patient), with whom I have a doctor/patient relationship and whom I have treated.

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

Or

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

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

Signature of Physician

Typed Name of Physician

Date

III: Additional Information

Passport Photos

The U.S. Department of State has strict requirements for what can be used as an acceptable passport photo.

In color

Printed on matte or glossy photo quality paper

2 x 2 inches (51 x 51 mm) in size

Sized such that the head is between 1 inch and 1 3/8 inches (between 25 and 35 mm) from the

bottom of the chin to the top of the head. View the Photo Composition Template for more size

requirement details.

Taken within the last 6 months to reflect your current appearance

Taken in front of a plain white or off­white background

Taken in full­face view directly facing the camera

Taken with a neutral facial expression (preferred) or a natural smile, and with both eyes open

Taken in clothing that you normally wear on a daily basis:

Uniforms, clothing that looks like a uniform, and camouflage attire should not be worn in

photos except in the case of religious attire that is worn daily.

You may only wear a hat or head covering if you wear it daily for religious purposes.

Your full face must be visible and your head covering cannot obscure your hairline or

cast shadows on your face.

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Headphones, wireless hands­free devices or similar items are not acceptable in your

photo.

If you normally wear prescription glasses, a hearing device or similar articles, they may

be worn for your photo. Glare on glasses is not acceptable in your photo.

Dark glasses or nonprescription glasses with tinted lenses are not acceptable unless you

need them for medical reasons (a medical certificate may be required).

Stores such as Walgreens and CVS can provide passport photos in line with all the requirements for $13.

It is suggested you use a professional passport photo place when obtaining a passport photo to ensure all

requirements are met.

Probate Court Locations Barnstable, MA 3195 Main Street PO Box 346 Barnstable, MA 02630 Berkshire, MA Probate and Family Court 44 Bank Row Pittsfield, MA 01201 Bristol, MA 40 Broadway Suite 240 Taunton, MA 02780 Dukes, MA Probate & Family Court 81 Main Street PO Box 237 Edgartown, MA 02539 Essex, MA County Probate Court 45 Congress Street Suite 170 Salem, MA 01970 Franklin, MA Franklin County Courthouse 101 Munson ST Greenfield Corporate Center Greenfield, MA 01302 Hampden, MA Hall of Justice Probate & Family Court 50 State Street

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Springfield, MA 01102­0559 Hampshire, MA Probate & Family Court 33 King Street, Suite 3 Northampton, MA 01060 Middlesex, MA Middlesex Probate Court 208 Cambridge Street PO Box 410480 East Cambridge, MA 02141­0006 Nantucket, MA Town and County Building 16 Broad Street PO Box 1116 Nantucket, MA 02554 Norfolk, MA Norfolk Probate Court 35 Shawmut Road Canton, MA 02021 Plymouth, MA Plymouth Probate Court 52 Obery Street Plymouth, MA 02360 Suffolk, MA Probate & Family Court 24 New Chardon Street, 3rd Floor Boston, MA 02114 Worcester, MA Worcester County Courthouse 225 Main Street Worcester, MA 01608 Probate Court Phone Numbers http://www.mass.gov/courts/court­info/trial­court/pfc/pfc­ch­contacts­gen.html Application Information for each military department’s Board for Correction of Military Records

Branch Board for Correction of Military Records How to Apply

Army Army Board for the Correction of Military Records http://arba.army.pentagon.mil/abcmr­app.cfm

Online or by mail: http://arba.army.pentagon.mil/online­application.cfm Army Review Boards Agency (ARBA)

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251 18th Street South, Suite 385 Arlington, VA 22202­3531

Navy and Marine Corp

Board for the Correction of Naval Records http://www.public.navy.mil/bupers­npc/career/recordsmanagement/Pages/BCN...

Fax or by mail: FAX # 703­604­3437 Board for Correction of Naval Records 701 S. Courthouse Road, Suite 1001 Arlington, VA 22204­2490

Coast Guard

Board for the Correction of Military Records of the Coast Guard http://www.uscg.mil/legal/bcmr.asp

Mail: DHS Office of the General Counsel Board for Correction of Military Records Mailstop # 485, 245 Murray Lane Washington, DC 20528

Air Force

Air Force Board for the Correction of Military Records http://www.afpc.af.mil/afveteraninformation/airforceboardforcorrectionof...

Mail: Board for Correction of Air Force Records SAF/MRBR 550­C Street West, Suite 40 Randolph AFB, TX 78150­4742

Suggested Answers to Military Form DD­149 (Application for a Correction of a Military Record)

Question 5. I request the following error or injustice in the record be corrected as follows: I request the name on my DD 214 to be corrected. I am a transgender [man/woman/person]. I changed my legal name from [prior name] to [current name] in [year], as evidenced in the attached name change order, to align my name with my gender identity. As explained below, the appearance of my old name on my DD 214 is an injustice because it reveals my transgender status every time I show my DD 214.

Question 6. I believe the record to be in error or unjust for the following reasons: Disclosure of my former name, in effect, discloses my transgender status. This is an injustice due to the social stigma and discrimination that transgender people face. My current DD 214 record with my prior name reveals my

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transgender status every time I show the form. This injustice that can be remedied effectively by issuing a correct DD214 listing my current name.

Additional Questions?

Contact MTPC at 617­778­0519 or mtpcidproject@gmail.com

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