Texas Identity Documents

Texas Name Change Laws

To obtain a legal name change in Texas, an applicant must submit a petition to the court. Tex. Fam. Code Ann. § 45.101. No publication is required. See Tex. Fam. Code Ann. § 45.102. The applicant must be fingerprinted. Tex. Fam. Code Ann. § 45.102(a)(6). Criminal records are required for individuals with a felony conviction, Tex. Fam. Code Ann. § 45.102(a)(4); however, they may change their name if more than two years have passed since the end of the sentence and if not under probation or parole, or if the individual has been pardoned. Tex. Fam. Code Ann. § 45.103(b)(1)(A). Registered sex offenders must notify local law enforcement of the proposed name change. Tex. Fam. Code Ann. § 45.103(c)(2).

For instructions on legal name changes for adults 18 and over, see Texas Law Help Name Change Instructions.

For instructions on legal name changes for minors under 18, see A4TE's Name Changes for Minors in Texas resource.

Texas Driver’s License Policy & Procedures

On August 21, 2024, it was revealed that the Texas Department of Public Safety (DPS) would no longer process requests to update gender markers on Texas driver's licenses or state IDs. This policy change, which took effect on August 20, 2024, was implemented quietly and without public notice, leading to concerns about its scope and impact. It is our understanding that the new directive means that the DPS will not accept court orders or amended birth certificates for gender marker changes, except to correct “clerical errors.”

The policy affects both new and current applicants. For existing licenses, it is our understanding that DPS will not update gender markers during renewals. First-time applicants must rely on the primary documentation (e.g., birth certificate, passport) to determine the gender marker. It is also our understanding at this time that the DPS won't accept court orders combining name and gender marker changes, even for just a name change. Additionally, this change raises concerns about privacy and potential tracking of transgender people who attempt to make a name or gender marker change. Until more clarity is gained, approaching name and gender marker changes separately may increase the chances of success in updating state identification documents.

It remains possible to update federal identification documents, such as passports, social security, selective service, immigration documents, and consular birth certificates.

However, because the State did not provide public notice of the change in policy, it is possible that other state agencies (such as Texas Vital Statistics) have been given similar directives to not amend the sex markers on state-issued identity documents. Accordingly, we advise caution when attempting to amend state-issued identity documents, like birth certificates, even if those updates are not administered by DPS.

For more information on the state of identity documents in Texas, please consult Transgender Education Network of Texas (TENT)'s fact sheet. Additionally, if you experience a denial in updating a state identification document, please contact TENT at [email protected].

Texas Birth Certificate Laws

As noted above, we currently advise caution when attempting to amend state-issued birth certificates due to the risk of refusal and the potential loss of privacy.

For those willing to accept these risks, Texas Vital Statistics has historically issued a new birth certificate with an updated gender marker upon receipt of a court order for change of sex. Tex. Health & Safety Code Ann. § 192.011(a).

Obtaining a Court Order for Gender Change

Texas does not have a specific gender change provision in statute, and therefore some counties and judges are averse to issuing the necessary court orders. You may be able to use court orders from another state, but please note that the order must specify 'sex change', the vital records office will not accept 'gender change'. Travis County has good resources and procedures to change your gender marker. You do not have to live in Travis County; you can file remotely through e-file.

Texas Law Library Travis County Name and Gender Change Steps and Forms
Texas Law Library Travis County Gender Change Steps and Forms