Tuesday, September 30, 2008

Changing Your Legal Documents to Match Your Sex: A Five-Part How-To Series

INTRODUCTION. For better or worse, our legal IDs and documentation define who we are. Whether it is a social security card, a passport, a driver's license, or employee security badge, our legal documentation provides us with rights, privileges and access to society, travel, emergency assistance, health care, education, and other important social and governmental institutions. It tells the world who we are and affirms who we know ourselves to be.

The following five-part series is meant to provide a basic framework for transgender persons whose legal documentation no longer reflects their actual sex/gender identity.

PART 1 OF 5: SOCIAL SECURITY CARDS. Because Social Security cards are issued by the federal government, the procedure for obtaining a new Social Security card is the same in every state. To apply for a Corrected Card, you must obtain and fill out Form SS-5 by calling 1-800-772-1213, visiting www.ssa.gov, or by visiting your local Social Security office.

In order to effectuate a change of name, you will need to provide at least one document that shows your old name and at least one document that shows your new name. If possible, it is best to provide either photographic documentation or documentation which contains sufficient information (name, age, date of birth, parents' names, etc.) to identify you.

Documents acceptable to the Social Security Administration include a driver's license, employer ID card, passport, adoption record, marriage/divorce record, school ID card, health insurance card, etc. Documents must be either originals or copies certified by the issuing agency. All documents will be returned to you.

There is no fee for changing the name on your Social Security card, and you should receive your new card within two weeks.

In order to change the gender designation on your Social Security card, you must be able to provide a letter from an attending physician or surgeon verifying that "sex change surgery has been completed". This requirement is not uniformly enforced, and a letter from a health care provider stating that the applicant is undergoing treatment may suffice.

Go to the next in the Series, Part 2 of 5: Change of Name in the Probate Courts.

The information contained in this article is derived largely from the Transgender Legal Issues pamphlet published by GLAD, which can be viewed in its entirety here.