After an individual has had a gender reassignment surgery, they can change their legal documents to reflect their new identity. One important document for an individual to change is their passport.
The State of New York recognizes gender reassignment surgeries and allows individuals to change their passports to reflect their new gender and, if applicable, their new name. If an individual has any questions about changing their passport information, they should consult with a local New York attorney.
What Is a Passport?
Passports are official government documents that verify the identity and nationality of an individual. Passports are primarily used for travel purposes.
A passport usually includes:
- The individual’s photograph;
- Personal information, such as their;
- Name;
- Date of birth;
- Nationality; and
- Unique identification number.
A passport serves as proof of citizenship and enables the owner to seek assistance and protection from their country’s government while they are abroad. Lawyers who handle passport cases handle the following types of legal issues related to passports:
- Acquisition;
- Renewal;
- Denial; and
- Revocation.
Passport lawyers can provide guidance as well as representation to clients who have an issue with their passport application or are having difficulties with their current passport. A passport attorney will be knowledgeable regarding the relevant laws and regulations and can help navigate complex bureaucratic processes.
What Are the Features of a Passport?
Passports are crucial information documents for international travel and have several key features that are used to establish and verify the holder’s identity and nationality. These features also help enhance the passport’s security as well as protect against misuse or forgery.
Examples of the features of a passport include the following:
- Personal information page: This page serves to establish the individual’s identity and citizenship and contains the passport holder’s personal details, such as:
- Their full name;
- Date of birth;
- Place of birth;
- Gender; and
- Nationality;
- Photograph: A recent, high-quality photograph of the passport holder is used to visually verify the holder’s identity;
- The photograph is required to meet specific requirements, such as:
- Size;
- Background color;
- Facial expression;
- Unique identification number: Each passport has a unique identification number which helps track and authenticate the document;
- Issuing authority and date of issue: The passport includes information on the issuing authority, typically a government body, and the date the passport was issued;
- Expiration date: Passports have a predetermined validity period, usually 10 years for adults, and include an expiration date;
- The document must be renewed before the expiration date to remain valid for travel;
- Signature: The passport holder’s signature is required, typically on the personal information page, to further authenticate the document;
- Machine-readable zone (MRZ): This area, usually located at the bottom of the personal information page, contains two lines of alphanumeric text encoded with the passport holder’s key information;
- Electronic readers can quickly scan the MRZ at border control points to facilitate the entry and exit process;
- Biometric chip: Modern passports often contain an embedded biometric chip that stores the holder’s digital photograph and other biometric data, for example, fingerprints or iris scans;
- This enhances security and helps prevent identity theft or forgery;
- Security features: Passports are equipped with various security features to protect against tampering, counterfeiting, or unauthorized duplication, such as:
- Watermarks;
- Holograms;
- Microprinting; and
- Special inks; and
- Visa pages: A passport includes blank pages where visas or entry and exit stamps may be placed by immigration authorities during international travels.
All of the features work together to help ensure that passports are secure and reliable forms of identification for their holders and facilitate safe and efficient international travel.
What Are Common Passport Issues?
There are numerous different issues an individual may encounter with their passport. Some of the more common passport issues include the following.
Adult passports are usually valid for 10 years, after which time they must be renewed. The process for renewing a passport may differ by location but usually involves:
- Completing an application form;
- Providing a new photograph;
- Submitting the individual’s old passport along with any required fees.
A false passport application is made when an applicant provides counterfeit documents or false information in an attempt to obtain a passport. This is a serious offense that may lead to criminal charges, including imprisonment, fines, or both.
An individual’s passport may be revoked for various different reasons, for example:
- The passport holder is deemed a national security risk;
- Involvement in criminal activities;
- Providing false information during the application process.
In these cases, an individual may lose their right to travel internationally, and authorities may confiscate the individual’s passport. A passport attorney can help a client facing passport revocation by contesting the revocation or seeking reinstatement of their passport.
What Documents Do I Need to Change My Passport?
The State of New York revised its passport-issuing policies in 2010 to make it easier for post-operative individuals to obtain their new passports. In order to prevent fraud, New York requires the individual who is seeking a new passport to provide a court order and a doctor’s letter.
The court order has to state that the change. The letter from the doctor has to specifically state the elements that are required in the passport application.
As noted above, there are several standard items that every passport applicant must provide, including a passport fee. If an individual is applying for the first time, they must also provide a copy of their birth certificate.
If an individual is renewing their passport, they must submit their current passport. If the applicant is from a state other than New York, they must provide two forms of photo identification.
Once an individual has all of the documents, they have to complete form DS-11 to request a name and gender change on their passport.
Where Do I File?
An individual’s application package should be filed at their local passport agency in the State of New York.
Collecting Your Supporting Documents
When an individual is applying for a passport, they will need to provide various documents that verify their identity, citizenship, and eligibility, which commonly include:
- Proof of citizenship: This can be a birth certificate, naturalization certificate, or citizenship certificate, depending on the individual’s situation;
- Proof of identity: A government-issued ID, such as a driver’s license, can be used to establish identity; and
- Any previous passports: An individual may have issued a passport before. If so, they may need to submit it along with their application, even if it is expired.
It is important to ensure that all documents provided are original or certified copies, as photocopies of documents are typically not accepted.
Do I Need a Lawyer?
Although obtaining your new passport seems like it will only require you to fill out the application and provide the required documents, the forms may be long and complex. This is especially true in cases of gender change that require a court order. If you make any mistakes, it will take even longer for the passport agency to issue your new passport.
If you are changing your gender on your New York passport, it may be helpful to consult with a New York citizenship lawyer. Your lawyer can help you complete the necessary paperwork, ensure it is properly filled out, and help you obtain or locate your court order.
