You cannot currently change the gender marker in Texas on a driver’s license, state ID, or birth certificate. The Department of Public Safety stopped processing gender marker updates in August 2024, and in March 2025 the Texas Attorney General issued Opinion KP-0489 directing state agencies to refuse court orders that would change the sex recorded on state identity documents.1Office of the Texas Attorney General. Attorney General Ken Paxton Holds That State District Courts Have No Authority to Order Texas Agencies to Issue Fraudulent Government IDs Federal documents face parallel restrictions under an executive order signed in January 2025. A legal name change through the Texas courts remains available and is unaffected by these rules.
What Texas State Agencies Are Doing
DPS stopped processing gender marker changes on driver’s licenses and state IDs in August 2024. The sex marker on a Texas license is drawn from the primary identity document a person presents, usually a birth certificate, and DPS will not change it based on a court order. Presenting a court order that includes a gender marker change can complicate even a straightforward name update at a DPS office.
Opinion KP-0489 extended that posture across state government. It takes the position that Texas statutes require DPS and the Department of State Health Services to record biological sex, and that state district courts have no authority to order those agencies to do otherwise. The opinion tells both agencies to refuse such court orders and to correct records that were previously changed on that basis.1Office of the Texas Attorney General. Attorney General Ken Paxton Holds That State District Courts Have No Authority to Order Texas Agencies to Issue Fraudulent Government IDs
An attorney general opinion is not a statute and not a court ruling. It does not carry the force of law in the way a legislative act does. In practice, though, Texas state agencies follow it as binding guidance. That means DPS and DSHS are refusing to process gender marker changes regardless of what a petitioner presents. Legal challenges may develop over time, but the opinion governs how state agencies handle these requests right now.
Birth Certificates
DSHS will not amend the sex field on a Texas birth certificate based on a court order. The one surviving pathway is a correction for a “proven incompletion or inaccuracy,” meaning the sex recorded at birth was factually wrong when the original certificate was filed. That is a narrow clerical-error category, not a route for a later change based on gender identity. A correction of that kind requires supporting documentation and the standard DSHS amendment process.
If you were born in another state, your birth state controls what can and cannot be amended on that certificate. Each state sets its own rules.
Federal Documents
Executive Order 14168, issued on January 20, 2025, directs federal agencies to ensure that government-issued identification reflects “biological sex” as defined by the order. The effects reach passports, Social Security records, and other federal documents.2Federal Register. Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
Passports
The State Department no longer issues passports with a sex marker different from the applicant’s sex assigned at birth and has eliminated the “X” marker entirely. If you previously obtained a passport with a different sex marker, the department may issue a replacement reflecting your sex at birth. Applicants whose current passport was issued less than a year ago can use Form DS-5504 for a no-fee replacement. Those with older passports go through standard renewal using Form DS-82, or, if ineligible for renewal, apply in person with Form DS-11 and full fees.3U.S. Department of State. Sex Markers in Passports
Social Security Records
The Social Security Administration stopped processing sex designation changes on Social Security records on January 31, 2025. A Social Security card itself does not display a sex marker, but the underlying SSA record does, and that record feeds into credit reports, background checks, and other systems. Name changes on SSA records remain available with a court order and a completed SS-5 form.
Selective Service
Selective Service registration is based on sex assigned at birth, not current gender identity. People assigned male at birth must register between ages 18 and 25, including trans women. People assigned female at birth are not required to register, including trans men. This can cause friction with federal financial aid, government jobs, and certain grants, which often verify registration. If you were assigned female at birth and need to document your exempt status, you can request a free Status Information Letter from the Selective Service System at sss.gov or by calling 1-888-655-1825. You will need to provide a copy of your birth certificate showing your birth-assigned sex. The letter confirms exempt status without disclosing the reason.
What Is Still Available: A Legal Name Change
Texas courts continue to grant legal name changes for adults under Texas Family Code Chapter 45. A name change does not require medical documentation and follows the same process regardless of the reason for the request. The petition is filed with the district clerk in the county where you live, requires fingerprints and a DPS background check under Section 45.102, and is decided at a short “prove-up” hearing before a judge.4Texas State Law Library. Adults – Name Changes in Texas
A felony conviction or sex offender registration triggers additional requirements under Section 45.103, and anyone in that situation should speak with an attorney before filing. Filing fees vary by county; Bexar County, for example, charges $350 for an adult name change, and a Statement of Inability to Afford Payment of Court Costs is available if you cannot pay.5Bexar County, TX. Fee Schedule
Once a judge signs the order, you can use certified copies to update your name on your driver’s license, Social Security record, passport, bank accounts, and credit reports. DPS charges an $11 replacement fee for a new license showing your updated name.6Texas Department of Public Safety. Driver License Fees7Texas Department of State Health Services. Correcting a Birth Certificate8Texas Department of State Health Services. Costs and Fees None of these updates change the sex marker on the document.