Gender X Marker | Massachusetts

Gender markers on MA birth certificates include “female”, “male” and “X”.

A transgender person who is over the age of 18, an emancipated transgender minor, or the parent/guardian of a transgender minor may request to change the sex designation (gender marker) on their Massachusetts birth certificate.

No. No medical or healthcare related documentation, court order, or proof of change of name will be required by a town clerk or other official regarding updating sex designation (gender marker) on a MA birth certificate.

A request for a change in the sex designation (gender marker) on a birth record needs to be accompanied by an affidavit (an affidavit is a written statement which you swear is true and which may be used as evidence in a court of law) by the person who is updating their own birth certificate or by the parent or guardian of the person if the person is a minor. In this case, the affidavit and the form to update sex designation are one in the same.

Documents

Birth Certificate Applicant Affidavit
Birth Certificate Fact Sheet

The person who requests a change in the sex designation (gender marker) on the person’s birth record may also request a change of name on the person’s birth record. A request for a change of name on a birth record needs to be accompanied by a certified copy of the legal change of name. No medical or healthcare-related documentation is required.

No, but there is a time limit. According to the updated law, a person who has changed the sex designation (gender marker) on their birth record and did not request a change of name on their birth record can request a change of name on their birth record within 3 years from the date of the change in the sex designation (gender marker) on their birth record.

The following special circumstances also apply: 

• A person whose sex designation on their birth record was changed while they were a minor shall have 3 years from the date of their eighteenth birthday (until their twenty-first birthday) to request a change of name on their birth record.
• It is also possible that the department may waive the 3-year limitation for a person that demonstrates “good cause,” as determined by the department. Please speak with an attorney if you want advice about whether your reasons for delaying a change of name can meet the “good cause” standard.

A request for a change of name on a birth record should be accompanied by a certified copy of the legal change of name. No medical or healthcare-related documentation is required.

Yes! If both parties to a marriage submit an application, the record of marriage can be amended to remove the sex of either or both parties to the marriage and change either or both parties’ names upon receipt of the following by the state registrar or town clerk:

• an affidavit executed by the parties to the marriage on a form provided by the registrar attesting to their concurrence that the record be amended to reflect or remove the gender identity or sex of the any such party
• a request by a party for a change of name along with evidence of the party’s legal change of name.

Documents

Marriage Certificate Applicant Affidavit
Marriage Certificate Fact Sheet

The registry of motor vehicles (RMV) will permit a person to designate “X”, “M”, or “F” for their gender marker on an application for a driver’s license, learner’s permit, identification card, or liquor purchase identification card. No documentation is needed for any of the designated gender markers.

Note: The RMV will report annually the number of people in MA who choose to use an “X” designation on these documents, but this data will not be connected to the identity of those who choose to use an “X” gender marker.

These laws are currently in effect!

If you are feeling overwhelmed and unsure of how to start the name and gender marker change process, you can apply to GLAD’s ID Project to be matched, for free, with an attorney who can walk you through the process step by step.