Can You Still Change Your Gender Marker in California?

You can change the gender marker on your California driver’s license, ID card, and birth certificate through self-attestation — no court order, no doctor’s letter, no therapist’s note. The available options on state documents are Female (F), Male (M), and Nonbinary (X). A court order is only necessary if you also want a legal name change or need a signed decree for records outside California’s system. One caution before you start: federal agencies have restricted gender marker changes since early 2025, so updating your California documents will not automatically update your passport or Social Security record.

Which Path Do You Need

California gives you two routes, and the right one depends on what else you want to accomplish.

Self-attestation is the faster route. Under the Gender Recognition Act (SB 179), you sign a declaration under penalty of perjury that the change reflects your gender identity and is not fraudulent. That declaration is all the DMV or the Department of Public Health needs.1California Legislative Information. SB 179 Gender Recognition Act

The court order path takes longer but does two things self-attestation cannot. It changes your legal name at the same time as your gender marker, and it produces a signed judicial decree that other states, employers, or institutions may require when they will not accept California’s self-attestation. The court process involves filing a petition, waiting through a six-week objection period, and receiving an order from a judge.

Updating Your Driver’s License or ID Card

The DMV process is the simplest. The DL 44 application now includes a gender category field where you select male, female, or nonbinary. The department cannot require documentation beyond your own self-certification.2California Legislative Information. SB 179 Gender Recognition Act – Vehicle Code Section 12800

Start a new DL/ID application, which you can begin online, then visit a DMV office in person to finalize. You will give a thumbprint and have a new photo taken.3California Department of Motor Vehicles. Change Gender on Drivers License or ID Card

You pay the standard replacement fee at the visit. A Class C driver’s license is $37. A standard ID card is $40, a reduced-fee ID card is $11, and an ID card for someone age 62 or older is free.4California Department of Motor Vehicles. Licensing Fees

Book an appointment ahead of time. Walk-in waits can be long.

Updating Your California Birth Certificate

If you were born in California, you can amend the sex field through the Department of Public Health (CDPH) Vital Records office. The form is the VS 24B, Application to Amend a Birth Record. The current version (01/2026) includes space for the self-attestation language the law requires.5California Department of Public Health. VS 24B Application to Amend a Birth Record

For the sworn statement, you have two options. Attach a separate notarized affidavit, or write the self-attestation language directly into the “reason for the correction” field on the form. The statement must attest under penalty of perjury that the change conforms to your gender identity and is not made for any fraudulent purpose.6California Legislative Information. SB 179 Gender Recognition Act – Health and Safety Code Section 103426 If you went through the court process instead, include a certified copy of the court order with your application.

Mail the completed packet to CDPH Vital Records. The fee to change the sex field is $26, and each certified copy of the amended certificate is $31.7California Department of Public Health. Vital Records Fees Order several certified copies at the time of amendment, because you will need them for other record updates. CDPH issues a new certificate and seals the original, and the new certificate carries no notation that an amendment was made.

Getting a Court Order

You only need this route if you want a legal name change alongside your gender marker change, or if you need a signed judicial order for records outside California’s self-attestation system.

Forms to File

The primary Judicial Council form is the Petition for Recognition of Change of Gender and Sex Identifier (NC-300). You also prepare the Order Recognizing Change of Gender (NC-330), which the judge will sign, and the Name and Information About the Person (NC-110).8California Courts. Petition for Recognition of Change of Gender and Sex Identifier, Name Change, and Issuance of New Certificates Your petition must include the same self-attestation affidavit, and the court must accept it as conclusive proof.9California Legislative Information. SB 179 Gender Recognition Act – Health and Safety Code Section 103430

Filing and Fees

File with the Superior Court in the county where you live. The filing fee ranges from $435 to $450 depending on the county.10Judicial Branch of California. File the Petition to Recognize Your Gender Change If you cannot afford the fee, ask the clerk for a fee waiver application when you file.

Timeline and Privacy

A gender-related name change petition is exempt from the newspaper publication requirement that applies to ordinary name changes, so your petition will not appear in a local paper. The court posts a six-week objection period, and if no one files a written objection showing good cause, the judge grants the order without a hearing. Objections based solely on disagreement with the petitioner’s gender identity do not count as good cause.11California Legislative Information. California Code of Civil Procedure CCP 1277.5

Expect roughly six to eight weeks from filing to signed order. Order extra certified copies of the NC-330 when the court issues it; you will need them for downstream record updates. For minors, courts must keep all records related to name and gender marker changes confidential.

Federal Records Will Not Follow Automatically

This is where people are most likely to be caught off guard. Changing your California documents does not carry over to federal records. As of early 2025, executive action imposed significant restrictions on gender marker changes across federal agencies, and those restrictions remain in effect.

U.S. Passports

The State Department no longer issues passports with an X marker and will only issue passports with an M or F marker matching the applicant’s sex at birth. If you apply for a new passport or a renewal requesting a different marker, the agency will issue the passport reflecting sex at birth based on supporting documents and prior passport records.12U.S. Department of State. Sex Marker in Passports

Passports already issued with a marker reflecting your identity, including X markers, remain valid until they expire. Renewing or replacing that passport, however, will trigger the current policy. Be cautious about requesting any passport changes right now, because even a name-only update could result in the sex marker being changed back.

Social Security Records

The Social Security Administration is not currently processing gender marker changes. Your physical card does not display a gender, but the underlying SSA record contains a sex designation that feeds into credit reports, financial aid records, and other federal databases. Name changes on Social Security records are still being processed with a court order. These federal restrictions are the subject of ongoing litigation, so check with a legal aid organization for the latest status before attempting any federal updates.

If the Person Changing Their Marker Is a Minor

California allows minors to change their gender marker, but the process requires parental involvement. If both parents agree, they file a joint petition asking the court to recognize the child’s gender change and, if desired, a name change. Both parents sign.13California Courts. Child Change Gender and Name Both Parents

If only one parent signs, the other must be formally served with notice and given the chance to object. When that parent cannot be located, the court can authorize alternative service. The six-week objection period and no-hearing procedure work the same as for adults, and records are kept confidential.

To update a minor’s birth certificate without a court order, a parent can use the VS 24B with self-attestation language, following the CDPH process above.5California Department of Public Health. VS 24B Application to Amend a Birth Record

Selective Service Still Uses Sex Assigned at Birth

Federal Selective Service registration is based on sex assigned at birth, not your current legal gender marker. If you were assigned male at birth, you are required to register between ages 18 and 25 even if your legal marker is now female. If you were assigned female at birth and your marker is now male, you are not required to register.14Selective Service System. Who Must Register Chart

This reaches beyond the military. Selective Service registration is tied to federal student financial aid eligibility, federal job applications, and citizenship applications for immigrants. Failing to register when required can create problems in each of those areas, so confirm your obligation regardless of what your California ID now says.