US State Department Passport Regulations

[foxgrrl]

Dear Lazyweb:

Can someone track down the exact written US State Department regulation, about exactly what is required to get one's gender changed on a US Passport? I have been unable to find it, and the person I talked to at the Transgender Law Center said that the actual regulation is not actually written down anywhere, and it's mostly up to the whim of whichever clerks are in the passport office that day. So I've heard several different things about what the letter should state, in order to get the gender changed.

Comments

[parmonster.livejournal.com]

It's been awhile, and I don't recall where I saw it, but there is a written policy. The crux of that written policy is that it's intended to allow travel for the purpose of surgery. Meaning that the letter needs to say, "so-and-so is planning to undergo SRS within the next 12 months". They'll then issue a passport valid for one year.

Sigh. Yes, I know...

In my case, I ran out the year without having surgery. When I requested a renewal I was told "No". A few months later I applied again and was issued another 1-year passport. All depends on who you talk to, sadly.

[dymaxion.livejournal.com]

This is about the permanent change, not the temporary one, and no, I don't think there are actually written rules; certainly, I haven't seen or heard of anyone being able to ever find them, anywhere.

[nodesignation.livejournal.com]

I'm going through that right now myself. It's not written down anywhere that's accessible online, but they just emailed me a copy of it (below). Of course, it took two weeks for them to respond to my email despite the assurances that emails are answered within 1-3 days.

Also, while it doesn't say so in here, they are real sticklers for the documentation being official. It must be an original, and you might want to get it notarized just to be on the safe side. Unfortunately, don't count on the phone reps giving you accurate information and be sure to get a name or agent # if you're going to rely on their information.




Thank you for contacting the National Passport Information Center.

Customers who have undergone, or are in the process of undergoing, a
gender reassignment can have passports issued to reflect their new
gender.

DS- 11: New applicants will need to submit the following documents with
a DS-11 application form.

DS- 82: For applicants who already hold a valid passport and fall within
the DS-82 requirements to renew a passport, may use the DS-82 form with
the following documents to obtain a passport reflecting their current
gender status.

These customers must submit:


1. Evidence of Citizenship

2. Evidence of identity

3. Photographs which reflect a good likeness of their current appearance

4. Fees

5. Medical documentation that they have either undergone gender
reassignment surgery or that
they are preoperative transsexual and will soon have the surgery. The
medical
documentation for a post-operative transsexual should be from the
surgeon or hospital that
performed the surgery. Preoperative transsexuals should provide a
detailed statement from their medical (not psychological) physician
which outlines their treatment

6. Name change evidence - Usually this is in the form of a certified
copy of the court order which changed the customer's name. If they have
not obtained a court order, they must submit
evidence of a customary name change.

Customers who have undergone gender reassignment surgery are issued full
validity passports showing the new gender. Customers who are
preoperative transsexuals and are traveling for the purpose of
completing the surgery, are issued temporary passports valid for one
year. These passports can be extended upon submission of appropriate
medical documentation which shows that the surgery was completed.

Name Change to Agree With Gender Change

Customers who are in the process of undergoing a gender change usually
have a certified court order that legally changes their name. If they
have not obtained a court order, they must apply with a DS-11 and submit
evidence of an "assumed" name change: 5 public records going back 5
years showing exclusive use of the new name.

Note: Customers who have undergone gender reassignment surgery are
issued full validity passports showing the new gender. Customers who are
preoperative transsexuals and are traveling for the purpose of
completing the surgery, are issued temporary passports valid for one
year. These passports can be extended upon submission of appropriate
medical documentation which shows that the surgery was completed.

For further information, please refer to our website
www.travel.state.gov or call (877) 487-2778, for TDD/TTY users
1-888-874-7793 (Mon-Fri 8:00AM to 10:00PM ET; excluding federal
holidays). If you need to contact us again by email, please include all
prior messages/correspondence in your reply so we can review what has
previously taken place.

Thank you.
National Passport Information Center
Agent # 2058

[lizthegray.livejournal.com]

http://www.ctyalcove.org/~elizabeth/Parg240.pdf - see page 2 (as numbered in document); this is page 14 of the pdf.

It's possible guidelines have been fleshed out since then, but the leaked document I obtained is current as of 2002.

[lizthegray.livejournal.com]

Oh, another note. If you have a friend inside the USPS, http://blue.usps.gov/marketing/retail/passportguide.htm allegedly has more current copies available for download, but obviously I don't have the ability to read USPS intranet pages :)

I filed a FOIA for the exact same info you're looking for a couple years back and my request got bogged down :/ - I might try again sometime though.

[heinousbitca.livejournal.com]

That's extremely useful, but they're missing a couple of things...so just to be the pedantic asshole that i am *so* good at being:

If one is "post-operative" expecting a standard 10-year US passport, please note that it has to say that said surgery has been "completed". Similarly, this letter has to be notarized, as nodesignation mentioned. They can require you to visit a city passport office; this blows if you live in, like, Malheur County, or something, but for foxgrrl it's an easy jaunt up Caltrain. Well, as easy as Caltrain gets.

Please note that i'm not condoning their measures or procedures, and think a surgery requirement is dumber than a box of rocks for so many reasons.

[centauress.livejournal.com]

I'm beginning to wonder what the notarization does. Because the notary has no idea if the document is real or if the contents are real, in this case.

[centauress.livejournal.com]

Oh, and Sunnyvale has a Passport office, they're pretty common around silicon valley... I wonder why

I have done this is last 2 years

[foxypinkninja.livejournal.com]

Hiya, just had my passport changed in last 2 years. I have a permanent passport as female now. All you need is a doctor to give you a letter that you have had permanent irreversible surgery towards the female gender. Though I plan to finish off surgery when I get the money, all I have had is a bilateral orchiectomy. As long as the doctor writing the letter knows how to be 'specifically vague' you will have no issues. If you'd like we can meet up for coffee in Mountain View sometime and I can let you see a copy of my letter I sent to the passport office. email me at joshuko01 at gmail dot com.

Re: I have done this is last 2 years

[maradydd.livejournal.com]

Clearly what we need is a surgeon who is willing to say, and testify in court if necessary, that a person needs no further surgery, whether surgery has actually been performed or not.

But, yeah, a doctor saying "no further surgery is needed" might actually work.