New Hampshire Transgender Rights: Discrimination, IDs, and Youth Bans

New Hampshire transgender rights sit on two tracks that pull in different directions. State civil rights law bans discrimination based on gender identity in jobs, housing, and public accommodations, and the state offers workable pathways to update a name, birth certificate, and driver’s license. At the same time, recent laws restrict gender-affirming medical care for minors and require school sports eligibility to follow biological sex at birth. Federal document policy has also shifted since January 2025, so state and federal records may no longer line up.

Discrimination Protections in Jobs, Housing, and Public Places

Gender identity is a protected class under RSA 354-A, New Hampshire’s Law Against Discrimination. Employers with six or more workers cannot refuse to hire, fire, or set different pay or working conditions based on gender identity, and the same statute reaches workplace harassment.1New Hampshire Commission for Human Rights. Employment Discrimination2New Hampshire General Court. New Hampshire Code 354-A:7 – Unlawful Discriminatory Practices

In housing, landlords and real estate agents cannot refuse to rent, sell, or negotiate on the basis of gender identity. Restaurants, hotels, retail stores, and other public accommodations must provide equal access to services and facilities. Complaints go to the New Hampshire Commission for Human Rights, which investigates and can order remedies including compensatory damages.

A 2025 bill (HB 148) would have let businesses and government entities separate bathrooms and locker rooms by biological sex without violating the anti-discrimination law. The governor vetoed it, so public accommodation protections remain unchanged.

Changing Your Legal Name

An adult legal name change runs through the Circuit Court’s Probate Division in the county where you live. You file a Petition for Change of Name listing your current legal name, the name you want, and your reason, along with a certified copy of your birth certificate.3New Hampshire Judicial Branch. Name Changes

The filing fee is $170.4New Hampshire Judicial Branch. Name Change Information Sheet If you cannot afford it, file a motion for a reduced or waived fee along with a financial statement at the same time you file the petition.5New Hampshire Judicial Branch. How to Request to Pay a Lower Fee or File for Free The judge issues a signed court order granting the change, and that order is the document you use to update every other record.

Name Changes for Minors

Minor name changes use the same Probate Division, but both birth parents are mailed a notice of hearing, and an assent form must be filed with the petition and the child’s birth certificate. Statute does not clearly say whether both parents must consent, so judges evaluate the request under a best-interests standard, weighing the child’s preference, how long the new name has been in use, and whether the current name causes difficulty or harassment.

Updating the Gender Marker on Your Birth Certificate

New Hampshire requires a court order to change the gender marker on a birth certificate. A physician’s letter is not enough. The order should specifically direct the clerk of the city or town where you were born to change the listed gender.

Bring the court order to that clerk with:

If your name is also changing, include a certified copy of that court order too. Most people order at least two certified copies, since several agencies will want to see one.

Updating the Gender Marker on Your Driver’s License

The driver’s license process does not require a court order. Schedule an appointment with the Division of Motor Vehicles for a “Gender Change” and bring three things: a completed Application for Driver License (form DSMV 450) with the “Replacement” box checked and “gender change” written as the reason, your current valid license or non-driver ID, and $10.8New Hampshire Division of Motor Vehicles. Update Personal Information – Section: Gender Change New Hampshire offers M, F, and X markers on licenses and non-driver IDs.

Federal Documents Do Not Follow State Changes

Updating your New Hampshire records does not update your passport or Social Security file, and federal policy has changed. Executive Order 14168, signed January 20, 2025, directed federal agencies to recognize only biological sex on government documents.9U.S. Department of State. Sex Marker in Passports

  • The State Department no longer issues passports with an X marker. Passports must carry an M or F matching biological sex at birth.9U.S. Department of State. Sex Marker in Passports
  • Changes to the sex designation on Social Security records are currently blocked under federal policy. The card itself does not display a gender marker, but the underlying administrative record does.

A resident with an updated New Hampshire license and birth certificate may still hold federal documents that no longer match. Anyone planning international travel or dealing with federal benefits should check current federal guidance before applying.

Medical Care Restrictions for Minors

Two separate New Hampshire laws restrict gender-affirming medical care for people under 18. They target different treatments and take effect at different times. Neither affects adults.

HB 619: Genital Surgery

HB 619 prohibits physicians from performing genital gender reassignment surgery on minors. The governor signed it in July 2024, and it took effect January 1, 2025. Reconstructive surgery for genital malformation, treatment of injury or disease, removal of malignant tissue, care for minors with disorders of sex development, and circumcision are all carved out.10LegiScan. New Hampshire HB 619 The law is limited to genital surgery. It does not cover chest procedures, and it does not restrict medications.

HB 377: Puberty Blockers and Hormone Therapy

HB 377 prohibits health care providers from prescribing puberty blockers and hormone therapy for people under 18 when those medications are used for gender transition. The law takes effect January 1, 2026, and grandfathers in minors already receiving treatment before that date, who can continue.

Providers who violate either law face disciplinary action from the state licensing board.

School Sports Eligibility

HB 1205, enacted in 2024, requires public school sports teams in grades 5 through 12 to be designated as male, female, or coed based on biological sex at birth. The law also reaches private schools whose teams compete against public schools. Students in kindergarten through fourth grade are not covered.11LegiScan. New Hampshire HB 1205

Eligibility is tied to the original birth certificate issued at or near the time of birth. An amended certificate with a different gender marker does not change eligibility. The only exception is a certificate corrected for a clerical or scrivener’s error.12BillTrack50. NH HB1205

The law gives affected students a private right of action. A student who believes a school violated the rule can file suit seeking a court order to compel compliance, so enforcement is likely to come from families as well as regulators.11LegiScan. New Hampshire HB 1205