With recent changes to federal Social Security Administration (SSA) policy, updating your gender marker on official documents just got more confusing—especially for transgender and nonbinary individuals. If you’re living in New Jersey and trying to update your name or gender across documents like your Social Security record, driver’s license, and birth certificate, you need to know how federal limitations interact with New Jersey’s more inclusive laws.

At National Security Law Firm, we’re here to guide you through both the name change process and gender marker corrections, helping you avoid mismatches that could lead to denials, delays, or even discrimination.

🔄 What’s Changed at the Federal Level?

As of January 31, 2025, the Social Security Administration (SSA) has issued new guidance prohibiting updates to the sex designation in their records. This change follows an executive order issued on January 20, 2025.

🔒 You Can No Longer Update Your Gender Marker with SSA

  • You cannot change the sex designation (M/F) on your Social Security record—even with a court order or medical documentation.

  • This means any prior ability to align your gender marker across all federal and state documents has been rolled back for now.

  • Your Social Security card itself doesn’t list gender, but SSA does maintain your sex in its database for verification and statistical purposes.

🔧 What Can You Still Update with SSA?

✅ Your Name

You can still change your name with the Social Security Administration if you’ve had a legal name change. Here’s what you’ll need:

  • Form SS-5 (Application for a Social Security Card)

  • Proof of Identity, such as:

    • Your legal name change order (which can serve as identity if it contains DOB and parents’ names)

    • OR a government-issued photo ID

  • Proof of Name Change, which can be one of the following:

    • Name change court order

    • Marriage, civil union, or domestic partnership certificate

    • Divorce decree

    • Certificate of citizenship or naturalization

  • Your updated Social Security card will be mailed to you.

📝 Important: On the SS-5, the sex field must still match what’s currently in SSA records. If you previously updated your sex marker with SSA before this change, it will remain for now—but SSA may roll back prior corrections in the future.

🧾 How This Affects New Jersey Residents

✅ New Jersey Driver’s Licenses & IDs

Good news: New Jersey’s Motor Vehicle Commission (MVC) operates independently of SSA for gender designation. You can choose:

  • M – Male

  • F – Female

  • X – Nonbinary / Unspecified

🧭 SSA Does Not Match Gender With MVC

When the MVC verifies your identity through the Social Security Online Verification System (SSOLV), it only checks your name, SSN, and date of birth—not your sex. That means:

➡️ You can have “X” or a corrected gender on your New Jersey license even if SSA still lists the wrong sex.

To update your MVC gender marker:

  1. Fill out the Declaration of Gender Designation Change Form (BA-62)

  2. Provide documents for 6 Point ID Verification

  3. Visit an MVC Licensing Center (appointments may be required)

  4. Pay the $11 fee for a new license or ID

  5. No medical documentation is required—self-attestation is enough

✅ New Jersey Birth Certificate Gender Marker Changes

The New Jersey Department of Health/Vital Statistics still allows gender marker changes on birth certificates through a self-attestation process.

To change your birth certificate:

  1. Submit a notarized Gender Designation Change Form

  2. Choose “M,” “F,” or “X”

  3. No proof of surgery or medical treatment is required

💡 This makes New Jersey one of the most gender-affirming states when it comes to vital records—even while federal policies have reversed.

⚠️ Potential Problems When Records Don’t Match

Employment, Insurance, and Government Benefits

  • SSA sex data is sometimes used in background checks and identity verification.
    Some state-level agencies and employers may still match sex markers, and SSA could issue a “mismatch” alert if your employer or agency submits sex data that doesn’t align with SSA’s.

  • Health insurance: When applying for Medicare, Medicaid, or Marketplace insurance, your gender must match SSA records. This may impact billing for gender-specific services (e.g., a nonbinary person being denied coverage for gynecological care).

🛠️ These denials can usually be resolved with:

  • Proper billing codes

  • Provider outreach

  • Appeals

👥 Could SSA “Out” You Through a Mismatch?

In rare cases, yes. Some state programs and public benefit systems still submit sex data to SSA and may receive mismatch notifications if your gender doesn’t match.

However:

  • Most modern employer systems (like E-Verify) no longer include sex in identity checks

  • Agencies are not required to act on gender mismatches, as long as your name, DOB, and SSN match

📚 Want to Learn More About the Name Change Process?

If you’re ready to change your name or just want to understand the process, check out our Comprehensive Name Change Guide for a step-by-step walkthrough, including timelines, costs, and frequently asked questions.

💳 Legal Fee Financing Available

Worried about upfront legal costs? We offer flexible payment plans through Pay Later by Affirm:

  • Spread legal fees over 3 to 24 months
  • No impact to your credit score when checking eligibility
  • Just select Pay Later by Affirm when you receive your invoice

✅ Ready to File Your Verified Complaint?

Don’t take chances with the first—and most important—step in your name change. Let us prepare and file your Verified Complaint for you, ensure proper service, and represent you at the hearing if needed.

📅 Book Your Free Consultation Online — the fastest and easiest way to get started