Accessing Accurate Identity Documents in Indiana – Understanding Name & Gender Marker Change Rights

Having IDs that match your gender identity is important for your dignity, health, safety and economic security. Accurate IDs help you access important rights and services like employment, education, healthcare, housing, travel, and voting. When your IDs differ from how others see you, it can lead to harassment and violence. 

Updating your name or gender marker on your IDs can help your legal identity match who you are. However, laws can change quickly, so it’s good to stay informed. Here’s a guide to your rights and how to update your IDs in Indiana. 

Changing Your Name

To update your name on IDs, with schools, employers, and most other places, you need a legal name change court order. To get the court order you need to follow the process in the state where you live.

In Indiana, adults seeking a name change must be at least 17 years old, not in jail or prison, and not on the sex offender and violent offender registry. The legal paperwork you file with the court explains that you’re not trying to commit fraud or avoid debts. 

Changing your Gender Marker

Each place that records your gender has its own process for updating a gender marker, so you need to follow the process for the specific ID. 

To update the gender marker on your birth certificate, you follow the process in the state where you were born. In Indiana, you need a court order to change the gender marker on your birth certificate. There’s no medical or surgery requirement. Gender marker options for Indiana birth certificates are: male (M), female (F), or another gender (X). For other states’ policies, visit transequality.org/documents.
 
In Indiana, court-ordered gender marker changes are based on court decisions. There are two groups of court decisions. One says you can get a gender marker change and the other says you cannot. This means the outcome of your case depends on the case law the judge chooses to follow.

Indiana law says that name and gender marker change cases are public and that you need to publish notice of your name change in a newspaper. But you can ask a judge to seal your court records (keep them private) and waive the newspaper publication if you think having the records public would put you at risk of harm.

To update the gender marker on your driver’s license, you follow the process in the state where you live. In Indiana, you can change your driver’s license gender marker to  male (M) or female (F) with an amended birth certificate or a Physician’s Statement of Gender Change Form 55617. 

You can update the gender marker on your US Passport by self-selecting your gender marker (male (M), female (F), or another gender (X)), on the US Department of State form. Your choice doesn’t need to match your birth certificate or driver’s license. 

The law also allows minors to get a name and/or gender marker change but that process isn’t covered here. For more information visit: indianalegalhelp.org/legal-topic/name-and-gender-marker-change/.

Need Help?
If you have questions or need free legal help, contact:
Indiana Legal Services LGBTQ+ Project
Email: lgbtgroup@ilsi.net