New York Identity Documents
New York Name Change Laws
To obtain a legal name change in New York, an applicant must submit a petition to the court. There is no publication requirement. Name change cases that have been granted are public record by default and may be searchable online. All name changes are temporarily sealed while the matter is pending, and the petition may request that the record be permanently sealed. The court may seal the record if the court finds that having a public record would jeopardize the applicant’s personal safety, including because of the applicant’s identity as transgender. (N.Y. Civ. Rights Law § 60-65).
The New York courts offer free online DIY (do-it-yourself) programs that will help generate the documents you need to file to help you with completing your legal name change. Choose the correct forms for where you live (NYC vs. outside of NYC) and for your age (adult vs. minor). Note: if you were born in a state or country that requires a court order to correct the sex on your birth certificate, you cannot use the interactive DIY program and must use the PDF forms labeled Name Change and/or Sex Designation Change Petition.
Fee waiver application forms are available, but they can also be generated as part of the name change DIY program.
Our Name Change Project also connects low-income transgender, non-binary, and gender non-conforming people in New York City and Long Island with legal representation for their name changes. You can complete an application for assistance via our website.
For instructions on legal name changes for minors under 18 in New York, see NCTE's Name Changes for Minors in New York resource.
New York Drivers License Policy & Procedures
New York State Driver's License or Identification Card
To update the name and/or gender on a New York State Driver's License or ID card, find your local DMV office. Many offices have a “Make a Reservation” option to make an in-person appointment.
You will need the following:
- Application for Permit, Driver License or Non-Driver ID Card (MV-44 form).
- If you are applying for the first time or changing your address, appropriate proof of identity and address as detailed in form ID-44.
- Certified copy of the name-change order, if changing the name.
- For the gender change, simply select the sex designation that you want to appear on your ID: M, F, or X. You do not need a court order or medical documentation.
New York State Benefits Card
You can correct the name on your benefit card by submitting a case change request through the ACCESS HRA website. For SNAP, select “Case Change.” For Cash Assistance, select “Case Change or Grant.” More information about updating your name for SNAP benefits and Cash Assistance can be found here. You will need a certified copy of your name change order, or an updated driver’s license, state ID, or passport with your new legal name.
All newly issued benefit cards do not list a gender marker.
New York City Municipal ID Card
If you live in New York City, the IDNYC is a free identity document you can obtain from the city, and the gender marker can be issued with four options: M, F, X, or “Not Designated” to leave the field blank. There is no supporting documentation required for your gender marker selection.
New York State Birth Certificate Laws
New York City issues birth certificates separately from New York State. If you were born in New York City, see the NYC section below.
To amend the name and gender marker on a New York State (outside of New York City) birth certificate from New York State, submit the following documents:
- A complete and signed application form:
- For those 17 years and older, use form DOH 5305, Application for Correction of Certificate of Birth for Gender Designation for an Adult
- For those 16 years and younger, use form DOH 5306, Parent/Legal Guardian Application for Correction of Certificate of Birth for Gender Designation for a Minor
- A notarized affidavit form affirming the individual's gender identity:
- For those 17 years and older, use form DOH-5303, Notarized Affidavit of Gender Error for a Person 17 Years of Age or Older
- For those 16 years and younger, use form DOH 5304, Parent/Legal Guardian Notarized Affidavit of Gender Error for a Person 16 Years of Age or Under
- Certified copy of the name change order, if also requesting a name name change.
- Cover letter that includes the following:
- A request for the name change and the new name as it should appear on the amended certificate, if applicable
- Your current address
- A daytime phone number to contact you
- A photocopy of the birth certificate or the following information as it appears on the original birth certificate: name at birth, date of birth, place of birth (city, town or village); and each parent’s full name (maiden name if applicable)
- One amended copy is free. For additional copies, include a check or money order payable to the New York State Department of Health for $30 for each additional copy.
Applications should be submitted to:
New York State Department of Health
Vital Records Fulfillment Unit
P.O. Box 2602
Albany, NY 12220-2602
For more information, see Gender Designation Amendments.
New York City Birth Certificate Laws
New York City will update the gender marker on a birth certificate to male, female, or X upon self-attestation by the applicant of their gender, no medical documentation is required. See Adoption of Amendment to NYC Health Code.
Applicants should submit the following documents:
- A completed Application for Gender Marker Change on a NYC Birth Certificate. Do not sign until you are in front of a notary. For minors, both parents will sign the application.
- Certified copy of the name-change order, if changing the name (will be returned to you).
- Photocopy of the name-change order, if changing the name.
- A photocopy of the front and back of current photo identification (for parents who are correcting for their minor child, include both parents’ IDs).
- Check or money order payable to NYC Department of Health and Mental Hygiene for $55 ($40 processing fee plus $15 fee for one new certificate; add $15 per additional copy).
Applications should be submitted to:
NYC Department of Health and Mental Hygiene Corrections Unit
Attention: Group A
125 Worth Street, CN-4, Room 144
New York, NY 10013
If you have any questions, please email [email protected].
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