As the New Administration prepares to take office, it’s more important than ever for trans individuals to take proactive steps to protect themselves. Not sure where to begin? Our latest blog post provides practical advice on how to prepare for the challenges ahead.
We include tips for reviewing and updating important records to help protect you as best as possible. Having these documents in order can make it easier to navigate daily life, especially in situations where legal or medical recognition of one’s gender is important.
The specific documents may vary depending on your location and individual needs, which is why we’ve also linked you to important articles and resources for helping you learn more about your particular circumstances, or find out how to get started.
Records to Start Preparing (And Where To Start)
1. Identification Documents
It is particularly important to update federal documents even if you feel like you are in a protected state. These include your drivers license, state-issued ID card, or passport, as well as your social security card and birth certificate. Rules about updating social security records and birth certificates can vary by country and region, and may require legal or medical documentation. This portal on the Social Security Administration website tells you how to start the process for changing gender identification, and having updated documents mailed to you.
In many situations, a passport or passport card can serve as valid proof of identity and U.S. citizenship in place of a birth certificate. If you’re unable to update the gender marker on your birth certificate or driver’s license, get a passport or passport card with the correct gender marker instead. Go here to find out where and how to start the process of obtaining a passport.
If your child is trans and you’re unable to obtain a corrected birth certificate, it’s important to have a legal document that affirms the parent-child relationship without disclosing your child’s gender identity. You might consider obtaining a gender-neutral or correctly gendered court order, such as an adoption order or parentage judgment, that reflects your child’s chosen name and gender.
To obtain an adoption order or parentage judgment, you need to file a petition with the appropriate family court in the state where you reside, which will involve submitting necessary documentation, undergoing background checks, potentially a home study, and attending a court hearing to have a judge legally finalize the adoption or establish parentage; always consult with a lawyer in the specific state where you are seeking the order to ensure you follow correct procedures and meet all legal requirements as adoption and parentage laws vary by jurisdiction.
For more information about legally securing parentage, check out this article from Family Equality, which further outlines the process and steps you’ll need to take.
2. Medical Records
If you’ve undergone (or are currently undergoing) hormone replacement therapy (HRT), having a record of prescriptions, lab work, and doctor’s notes can be important, particularly for medical or insurance purposes.
Along with that, if you’ve had gender-affirming surgery, you’ll want to include surgical records from the surgeon, pre- and post-operative care, and consent forms. Also, contact your therapist to request documentation about your ongoing care, including letters of support for medical transition.
Finally, it’s important to have clear medical directives, especially if your gender identity might not be fully recognized in all healthcare settings. This includes preparing an Advance Medical Directive, which includes specifications about continuation of gender-affirming care, if applicable.
Alongside your medical directive, include naming a trusted individual who can make medical decisions on your behalf if necessary, referred to as a Power of Attorney.
3. Legal Documents
In many regions, if a person wishes to change their legal name (in addition to a gender marker change), they must petition the court. Having this court order is essential for updating other documents. If you haven’t already got your Change of Name Court Order, start this process ASAP. You can do this with a service like LegalZoom, or read through this PDF guide and overview of the Name and Gender Marker Change Process in the United States, provided by A4TE.
If you are a member of the TransFamily Alliance, reach out and we will connect you with attorneys who can help you with this process for free.
If you’re in the middle of this process, and depending on local laws, you may require a letter from a healthcare provider, along with other supporting documents confirming that you’re already living as your gender identity. Your therapist or counselor will be able to provide these, so reach out to them as soon as you can. Let them know that you’re preparing your records.
Finally, your Power of Attorney should also be included in these documents. As mentioned in the previous section, a Power of Attorney (or POA) ensures that someone you trust is authorized to act on your behalf in legal or financial matters, especially if their identity might not always be recognized without proper documentation. Make sure that you specifically name the person acting as your POA, and not rely on general language, such as “spouse”.
Along with that, and perhaps most vital in your legal documentation, have an updated and legally recognized will and trust. Make sure your spouse is specifically named in this as well, as well as your children. (Avoid “catch-all” language, such as, “my natural and adopted children”.) An attorney will be able to help you review or update your estate planning, that your beneficiaries are sufficiently referred to, and make sure that your interests and assets are fully protected in unforeseen events and circumstances.
If you need a legal referral, reach out to GLAD Law. Follow that link to submit a message, and find a phone number and email. You can also submit a request for a legal referral via the Transgender Law Center’s HelpDesk.
4. Insurance and Financial Documents
Understanding and having access to health insurance documents is crucial, especially since some transgender individuals may need to advocate for coverage of gender-affirming care. If you need to find out or change your coverage, A4TE’s Trans Health Project provides a tutorial and more information about selecting insurance and getting the proper healthcare coverage you need.
Once you have changed your name with the courts, submit your name change to your banks and tax authorities. To do so, you’ll have to contact each institution and find out about the process, and then retain any letters or notification they send through the mail documenting the update for your records.
Along with that, check that you have named your spouse and children as beneficiaries on all of your banking, retirement, and investment accounts. Also check up on the names of your beneficiaries on your insurance policies. If unsure, reach out to the institutions to find out and make any appropriate updates.
Last, it’s helpful to have a record of any necessary workplace accommodations, including HR policies related to transgender employees. Reach out to the HR department of your workplace to request a letter of support for transitioning employees, and put this in your records as well.
5. Educational Records
If you’re a student, or parenting a transgender student, you might want to start preparing letters to schools or universities advocating for respect of your gender identity, including name changes and any other accommodations necessary for a supportive learning environment.
To update your name on diplomas, paychecks, and financial aid, contact the school’s Registrar’s Office. You’ll often be asked to provide a government-issued photo ID and other identification documents.
If you’re in the middle of updating your identity documents, you might preempt this process by securing a letter of support from your / your child’s therapist ahead of time, just in case the requirements become more stringent (or complicated) in the future, and provide a copy to the school just in case.
For more information, check out the FAQ About Transgender Students at Colleges and Universities page at LAMBDA Legal, as well as this blog post entitled, “Navigating College Admissions as a Transgender Applicant”.
6. Support and Advocacy Documents
As mentioned above, accessing certain medical services or legal name/gender marker changes requires a letter of support and confirmation from a therapist or healthcare provider. You might also have letters from other advocates supporting your gender identity or transition.
Make extra (both digital and physical) copies of these letters, and store them in their own folder amongst your other files, in case you need to present them for future medical, legal, or administrative purposes.
7. Travel Documents (If Applicable)
Remember that in many situations, a passport or passport card can serve as valid proof of identity and U.S. citizenship in place of a birth certificate. Some countries allow gender-neutral or X gender markers on passports. Go here to start the process of acquiring your passport, whether for yourself or for your child (if they are under the age of 16).
Also, if applicable, individuals may need to ensure their gender marker on immigration or visa-related documents aligns with their updated identity. A4TE has an article about updating your immigration documentation, including processing fees and other necessary documentation you’ll need for filing.
Additional Tips For Preparing Important Documents:
- Keep physical and digital copies of all documents, as well as multiple copies of important documents (especially if the originals are difficult to replace).
- Get legal and medical assistance for any of the records that you’re unsure about updating (or about the processing of updating). If possible, consult with legal experts and healthcare providers familiar with transgender issues.
- Stay informed of laws and procedures related to name and gender marker changes. See resources below. 👇🏻
Document & Information Resources At a Glance:
- This portal on the Social Security Administration website tells you how to start the process for changing gender identification, and having updated documents mailed to you.
- For legal referrals (and law-related questions), see the contact information at Glad Law.
- Also check out (and take legal questions to) The Transgender Law Center Help Desk.
- Life Planning Documents for Transgender Communities (also from the Transgender Law Center).
- For more information about securing LGBTQ+ parentage by state, visit this page at Family Equality.
- From TransEquality.org: Identification Documents and Transgender People: An Overview of the Name and Gender Marker Change Process in the United States (PDF).
- Learn how health insurance works and how to get trans health care coverage at A4TE’s Trans Health Project.
- Travel.State.Gov: Where and how to start the process of obtaining a passport.
- A4TE’s article about updating your immigration documentation.
- For information about updating student records and college admissions in general, check out the FAQ About Transgender Students at Colleges and Universities page at LAMBDA Legal, as well as this blog post entitled, “Navigating College Admissions as a Transgender Applicant”.
- For staying up-to-date on news and movements regarding your or a loved one’s transgender status, start by bookmarking the TLDEF Stay Informed page and by subscribing to the Transgender Law Center’s email newsletter.
As the New Administration prepares to take office, it’s more important than ever for trans individuals to take proactive steps to protect themselves. Not sure where to begin? Our latest blog post provides practical advice on how to prepare for the challenges ahead.
We include tips for reviewing and updating important records to help protect you as best as possible. Having these documents in order can make it easier to navigate daily life, especially in situations where legal or medical recognition of one’s gender is important.
The specific documents may vary depending on your location and individual needs, which is why we’ve also linked you to important articles and resources for helping you learn more about your particular circumstances, or find out how to get started.
Records to Start Preparing (And Where To Start)
1. Identification Documents
It is particularly important to update federal documents even if you feel like you are in a protected state. These include your drivers license, state-issued ID card, or passport, as well as your social security card and birth certificate. Rules about updating social security records and birth certificates can vary by country and region, and may require legal or medical documentation. This portal on the Social Security Administration website tells you how to start the process for changing gender identification, and having updated documents mailed to you.
In many situations, a passport or passport card can serve as valid proof of identity and U.S. citizenship in place of a birth certificate. If you’re unable to update the gender marker on your birth certificate or driver’s license, get a passport or passport card with the correct gender marker instead. Go here to find out where and how to start the process of obtaining a passport.
If your child is trans and you’re unable to obtain a corrected birth certificate, it’s important to have a legal document that affirms the parent-child relationship without disclosing your child’s gender identity. You might consider obtaining a gender-neutral or correctly gendered court order, such as an adoption order or parentage judgment, that reflects your child’s chosen name and gender.
To obtain an adoption order or parentage judgment, you need to file a petition with the appropriate family court in the state where you reside, which will involve submitting necessary documentation, undergoing background checks, potentially a home study, and attending a court hearing to have a judge legally finalize the adoption or establish parentage; always consult with a lawyer in the specific state where you are seeking the order to ensure you follow correct procedures and meet all legal requirements as adoption and parentage laws vary by jurisdiction.
For more information about legally securing parentage, check out this article from Family Equality, which further outlines the process and steps you’ll need to take.
2. Medical Records
If you’ve undergone (or are currently undergoing) hormone replacement therapy (HRT), having a record of prescriptions, lab work, and doctor’s notes can be important, particularly for medical or insurance purposes.
Along with that, if you’ve had gender-affirming surgery, you’ll want to include surgical records from the surgeon, pre- and post-operative care, and consent forms. Also, contact your therapist to request documentation about your ongoing care, including letters of support for medical transition.
Finally, it’s important to have clear medical directives, especially if your gender identity might not be fully recognized in all healthcare settings. This includes preparing an Advance Medical Directive, which includes specifications about continuation of gender-affirming care, if applicable.
Alongside your medical directive, include naming a trusted individual who can make medical decisions on your behalf if necessary, referred to as a Power of Attorney.
3. Legal Documents
In many regions, if a person wishes to change their legal name (in addition to a gender marker change), they must petition the court. Having this court order is essential for updating other documents. If you haven’t already got your Change of Name Court Order, start this process ASAP. You can do this with a service like LegalZoom, or read through this PDF guide and overview of the Name and Gender Marker Change Process in the United States, provided by A4TE.
If you are a member of the TransFamily Alliance, reach out and we will connect you with attorneys who can help you with this process for free.
If you’re in the middle of this process, and depending on local laws, you may require a letter from a healthcare provider, along with other supporting documents confirming that you’re already living as your gender identity. Your therapist or counselor will be able to provide these, so reach out to them as soon as you can. Let them know that you’re preparing your records.
Finally, your Power of Attorney should also be included in these documents. As mentioned in the previous section, a Power of Attorney (or POA) ensures that someone you trust is authorized to act on your behalf in legal or financial matters, especially if their identity might not always be recognized without proper documentation. Make sure that you specifically name the person acting as your POA, and not rely on general language, such as “spouse”.
Along with that, and perhaps most vital in your legal documentation, have an updated and legally recognized will and trust. Make sure your spouse is specifically named in this as well, as well as your children. (Avoid “catch-all” language, such as, “my natural and adopted children”.) An attorney will be able to help you review or update your estate planning, that your beneficiaries are sufficiently referred to, and make sure that your interests and assets are fully protected in unforeseen events and circumstances.
If you need a legal referral, reach out to GLAD Law. Follow that link to submit a message, and find a phone number and email. You can also submit a request for a legal referral via the Transgender Law Center’s HelpDesk.
4. Insurance and Financial Documents
Understanding and having access to health insurance documents is crucial, especially since some transgender individuals may need to advocate for coverage of gender-affirming care. If you need to find out or change your coverage, A4TE’s Trans Health Project provides a tutorial and more information about selecting insurance and getting the proper healthcare coverage you need.
Once you have changed your name with the courts, submit your name change to your banks and tax authorities. To do so, you’ll have to contact each institution and find out about the process, and then retain any letters or notification they send through the mail documenting the update for your records.
Along with that, check that you have named your spouse and children as beneficiaries on all of your banking, retirement, and investment accounts. Also check up on the names of your beneficiaries on your insurance policies. If unsure, reach out to the institutions to find out and make any appropriate updates.
Last, it’s helpful to have a record of any necessary workplace accommodations, including HR policies related to transgender employees. Reach out to the HR department of your workplace to request a letter of support for transitioning employees, and put this in your records as well.
5. Educational Records
If you’re a student, or parenting a transgender student, you might want to start preparing letters to schools or universities advocating for respect of your gender identity, including name changes and any other accommodations necessary for a supportive learning environment.
To update your name on diplomas, paychecks, and financial aid, contact the school’s Registrar’s Office. You’ll often be asked to provide a government-issued photo ID and other identification documents.
If you’re in the middle of updating your identity documents, you might preempt this process by securing a letter of support from your / your child’s therapist ahead of time, just in case the requirements become more stringent (or complicated) in the future, and provide a copy to the school just in case.
For more information, check out the FAQ About Transgender Students at Colleges and Universities page at LAMBDA Legal, as well as this blog post entitled, “Navigating College Admissions as a Transgender Applicant”.
6. Support and Advocacy Documents
As mentioned above, accessing certain medical services or legal name/gender marker changes requires a letter of support and confirmation from a therapist or healthcare provider. You might also have letters from other advocates supporting your gender identity or transition.
Make extra (both digital and physical) copies of these letters, and store them in their own folder amongst your other files, in case you need to present them for future medical, legal, or administrative purposes.
7. Travel Documents (If Applicable)
Remember that in many situations, a passport or passport card can serve as valid proof of identity and U.S. citizenship in place of a birth certificate. Some countries allow gender-neutral or X gender markers on passports. Go here to start the process of acquiring your passport, whether for yourself or for your child (if they are under the age of 16).
Also, if applicable, individuals may need to ensure their gender marker on immigration or visa-related documents aligns with their updated identity. A4TE has an article about updating your immigration documentation, including processing fees and other necessary documentation you’ll need for filing.
Additional Tips For Preparing Important Documents:
- Keep physical and digital copies of all documents, as well as multiple copies of important documents (especially if the originals are difficult to replace).
- Get legal and medical assistance for any of the records that you’re unsure about updating (or about the processing of updating). If possible, consult with legal experts and healthcare providers familiar with transgender issues.
- Stay informed of laws and procedures related to name and gender marker changes. See resources below. 👇🏻
Document & Information Resources At a Glance:
- This portal on the Social Security Administration website tells you how to start the process for changing gender identification, and having updated documents mailed to you.
- For legal referrals (and law-related questions), see the contact information at Glad Law.
- Also check out (and take legal questions to) The Transgender Law Center Help Desk.
- Life Planning Documents for Transgender Communities (also from the Transgender Law Center).
- For more information about securing LGBTQ+ parentage by state, visit this page at Family Equality.
- From TransEquality.org: Identification Documents and Transgender People: An Overview of the Name and Gender Marker Change Process in the United States (PDF).
- Learn how health insurance works and how to get trans health care coverage at A4TE’s Trans Health Project.
- Travel.State.Gov: Where and how to start the process of obtaining a passport.
- A4TE’s article about updating your immigration documentation.
- For information about updating student records and college admissions in general, check out the FAQ About Transgender Students at Colleges and Universities page at LAMBDA Legal, as well as this blog post entitled, “Navigating College Admissions as a Transgender Applicant”.
- For staying up-to-date on news and movements regarding your or a loved one’s transgender status, start by bookmarking the TLDEF Stay Informed page and by subscribing to the Transgender Law Center’s email newsletter.
