A U.S. passport issued today shows either M or F, and the State Department sets that marker to match the sex recorded at your birth. The X marker is no longer issued, and the Department will not honor a request for a marker that differs from sex at birth. If you are trying to change the marker on your passport, the rules have shifted sharply since 2021, and this guide lays out what is true now, which form applies to your situation, and how to avoid a rejected application.
We are a plain-language information site, not a government agency and not a law firm. Everything below about policy is taken from State Department and Supreme Court pages, which we link as we go. Rules in this area have changed several times in the last few years, so check the official page before you file.
TL;DR
- U.S. passports now carry only M or F, based on sex at birth. The State Department says X is no longer issued on new passport or CRBA applications.
- The Department will not accept a statement or doctor's note asking for a marker that differs from sex at birth.
- Which form you use depends on when your current passport was issued: DS-5504 within one year, DS-82 if you can renew by mail, DS-11 in person if you can't.
- You do not need to amend your birth certificate or other identity records to apply. The Department decides using the evidence closest to your birth.
- Apply outside peak season if you can. The slower months are October through December.
Table of Contents
- What marker can a U.S. passport show today?
- Can you still change the marker on a passport?
- Which form do you use?
- What documents will you need?
- What if your documents don't match?
- Children, CRBAs and births abroad
- How long does it take?
- Our perspective
- Need the passport fast?
- FAQ
- Sources
What marker can a U.S. passport show today?
Only two: M (male) and F (female). According to the Department of State's sex markers page, updated March 16, 2026, the marker on a new passport matches the applicant's sex at birth. The same page states that X is no longer available on new passport or Consular Report of Birth Abroad (CRBA) applications.
This follows Executive Order 14168, signed in January 2025, which directed that passport markers reflect sex at birth and ended issuance of X. A lower court had blocked the policy for a time. In November 2025 the Supreme Court stayed that injunction in Trump v. Orr, so the Department is now issuing passports under the executive order's standard. The Court's order described the requirement as a record of historical fact, similar to country of birth. Justice Jackson dissented, arguing that emergency stays like this skip the full consideration of harm that courts normally give.
The stay is not a final ruling on the merits. Litigation can continue, and policy can change again. That is why we point you to the official page rather than ask you to rely on any summary, ours included.
Sex or gender: the word matters on the form
Older forms and guidance used "gender" and "sex" interchangeably. The Department's Foreign Affairs Manual, in its 8 FAM 403.3 section on sex markers, notes that federal agencies are moving to use "sex" alone, and it defines sex as an immutable biological classification as male or female. When you see "gender marker" in search results, forum threads or older articles, the current official term is "sex marker."
Can you still change the marker on a passport?
It depends on what you are asking for.
If you want a marker that differs from your sex at birth: under current policy, no. The Department states it will not honor an attestation requesting a preferred marker that differs from sex at birth. A signed statement, a physician's letter or a court order does not change that outcome under the rules published now. Rules in effect from 2021 to 2025, which allowed self-selection, no longer apply, and you will still find them repeated on older pages.
If your current passport shows a marker other than your sex at birth: you are not required to give up the passport the day the policy changed, and it stays valid until it expires unless the Department says otherwise. When you next replace or renew it, you should expect the new passport to show the marker based on sex at birth. The Department's page describes the replacement route, covered in the next section.
If your marker was entered wrong: a plain clerical error is a different problem from a policy question. The route is the same set of forms below, and the Department reviews records to confirm what should appear.
Two cautions follow from that. First, don't pay anyone who promises to "get an X passport" or to override the current rule. No courier, expediter or attorney can issue one. Second, if you are weighing a legal challenge or are worried about travel with a marker that no longer matches how you live, talk to an attorney who handles immigration or civil rights matters, or a legal aid group in your state. That is a legal judgment call, and we can't make it for you.
Which form do you use?
The Department's page ties the form to how old your current passport is. Here is the quick reference.
| Your situation | Form | How you file |
|---|---|---|
| Passport issued less than 1 year ago, with a marker other than your sex at birth | DS-5504 | By mail |
| Passport issued more than 1 year ago and you are eligible to renew | DS-82 | By mail |
| Passport issued more than 1 year ago and you are not eligible to renew | DS-11 | In person at an acceptance facility |
| First passport, or a child under 16 | DS-11 | In person |
The source for the first three rows is the Department's sex markers guidance. The Department may also ask for additional records if it needs more to establish sex at birth, and it will contact you if so.
The one-year line
The one-year cutoff is the same dividing line used for other corrections. If you want to see how it plays out for a name problem, our guide on the one year rule and name mismatches works through it. And if you are also fixing a name, the order of steps matters: a court-ordered name change comes first, and a state-specific walkthrough such as this adult name change process in Texas shows what that court step typically involves.
Who is eligible to renew by mail
DS-82 is generally for adults whose most recent passport is undamaged, was issued when they were 16 or older, and was issued within the last 15 years, and who can still submit it. If any of that isn't true, you file DS-11 in person. Check the form instructions on travel.state.gov for the full list before you decide.
What documents will you need?
The honest answer: it depends on the form, and on whether the Department asks for more.
For DS-5504 or DS-82, you send your current passport, the completed form, a new photo and the fee. For DS-11, you also bring proof of citizenship, a photo ID and photocopies, and you appear in person. If your photo is the stumbling block, see our guide to official passport photo clothing rules. For ID questions, our secondary ID guide covers what counts.
Fees change, and the Department publishes the current schedule. Look it up on travel.state.gov the day you apply instead of trusting a number from an old article.
Do you need a doctor's letter, surgery or a legal change?
Not under the rules published now. The Department's approach is the reverse of the 2021 to 2025 process: it is not asking you to prove a transition. Its manual says that when an applicant requests a marker different from prior records, the Department reviews the application to determine sex at birth, generally relying on documents issued closest to birth. Applicants don't need to obtain amended identity or citizenship evidence. The Department applies a preponderance-of-the-evidence standard.
In practice that means:
- A physician's letter will not get you a different marker.
- Surgery is not a factor in the decision.
- A court order or amended birth certificate does not change the outcome either.
- Your original birth record, as the evidence closest to birth, carries the most weight.
You may see older pages saying no physician letter is needed "as of June 2021." That statement described the self-attestation policy, which has ended. Don't act on it.
What if your documents don't match?
Many people have a driver's license, Social Security record or birth certificate with different markers than the passport they hold. The mismatch is a practical issue, not a reason a passport application will be denied by itself. The Department reads your birth records and issues based on sex at birth, and it states that you do not need to correct your other documents first.
Where mismatches cause real trouble is travel. A few habits help:
- Book with your passport's data. Airlines need your name, date of birth and, in many systems, sex to match the passport. Enter what the passport shows.
- Carry the passport you will actually travel on. Keep a photocopy and a digital copy stored separately.
- Check the destination's entry rules. Some countries read the marker closely at the border and others barely look. The country's official government page is the place to confirm.
- Allow extra time at checkpoints if your appearance and marker differ. Calm, brief answers work best.
- Don't travel on a passport you expect to change within weeks. Lock the document first, then book.
Name mismatches are a separate, very common issue. If a marriage or court order is involved, read our guides on updating Social Security first after a marriage and how the marriage question is answered on the application.
Children, CRBAs and births abroad
The same rule applies to a child's first passport. A child under 16 applies on DS-11, in person, with both parents or proper consent, and the marker reflects sex at birth. Our guide to child passport consent and the 90 day rule covers the parental side.
For a baby born abroad to a U.S. citizen, the CRBA is the citizenship record, and the Department's sex-marker policy covers it too: X is no longer issued there either. Our walkthrough of using a CRBA to complete a child's passport explains the one-visit process, and this explainer on what a CRBA proves compared with a passport is useful for families who had a child through surrogacy abroad.
How long does it take?
Processing times move with demand. The Department's processing times page says demand usually peaks from late winter through summer and encourages applicants to file in the slower October to December window. The page lists current routine and expedited estimates, so read that, not a figure from us.
If you are cutting it close:
- Check your trip date against the current estimate, then add buffer for mailing both ways.
- If it doesn't fit, look at expedited service for an extra fee, which the Department offers.
- If travel is within a few weeks and you can't wait, the Department's urgent travel options exist for emergencies and proven imminent trips. They work by appointment, so check the official page.
For the mailing step, see what you can and can't send when mailing a passport application. If your passport number will change, our list of seven things to update when your passport number changes saves trouble with airline profiles and trusted traveler programs.
Our perspective
We get this question from people in very different spots. Some want an X marker back. Some are parents sorting out a child's first passport. Some just need to know whether the passport in their drawer will still work. Our view is simple: you can't plan well on rumor, and rules in this area have been repeated incorrectly across the web for years.
Three things we tell everyone. One: read the Department's own sex markers page the same day you file, because the answer on it has changed more than once. Two: don't pay for a promise. A paid service can speed up processing of a valid application, but it can't change what the Department will issue. Three: if your situation touches civil rights or immigration law, a licensed attorney or a legal aid organization is the right next call, not a forum thread.
What we can do is explain the forms, timelines and travel steps clearly so the part within your control goes smoothly. That has always been our approach: plain facts, no fluff.
— David
Need the passport fast?
Sometimes the policy question is settled and the problem left is time. PassportCenter.ai is a free resource. We explain the forms, the realistic timelines and the rules for the countries you plan to visit, and when your trip is close we point you to registered expedited passport courier services that handle a valid application. Start at PassportCenter.ai for step-by-step guides on renewals, first passports, child passports and entry rules.
A courier does not change the marker the Department issues, and we say so up front. It can help with the logistics of getting a correct application in and back quickly.
FAQ
Can I still get an X on my U.S. passport?
No. The State Department's guidance, updated March 16, 2026, says X is no longer issued on new passport or CRBA applications. Passports already issued with X remain valid until they expire unless the Department states otherwise. Check the official sex markers page for the latest.
How do I change the gender on my passport?
Under current policy the Department issues the marker matching your sex at birth, and it won't honor a request for a different one. If your passport shows something else, the form depends on its age: DS-5504 by mail within one year of issue, DS-82 if you can renew by mail, or DS-11 in person if you can't. The Department may ask for more records.
Do I need a doctor's letter or surgery?
No letter or surgery will change the marker under the rules now in force. The Department reviews records to determine sex at birth, generally using documents closest to your birth. You don't need to amend your birth certificate or other identity papers before applying.
What if my passport doesn't match my driver's license?
The application is still evaluated on its own. The Department relies on birth records, not on your other IDs. For travel, book using exactly what your passport shows and check the destination country's entry rules.
When is the best time to apply?
The Department says demand tends to peak from late winter to summer and suggests filing between October and December. Check the current processing times page before choosing routine or expedited service.
Sources
- Sex Markers in Passports, U.S. Department of State
- 8 FAM 403.3 Sex Markers, Foreign Affairs Manual
- Trump v. Orr, Supreme Court of the United States
- Get Your Processing Time, U.S. Department of State