Is The Sex You Are Assigned At Birth Your Permanent Government Sex?

No, it’s not.

Two things I want to point out before I explain things.

First, I want to be really specific here and say that I’m talking about states and territories in the United States. The laws are going to be different in other countries.

Second, sex and gender are not the same thing! But a lot of times people use them interchangeably, and that definitely happens when we’re talking about official documents.

In many states in the US, when a baby is born it is assigned either “male” or “female” at birth. Sometimes the doctor may include things like the baby’s chromosomes or internal reproductive organs to make the decision about the baby’s sex. But most often it’s just based off what the doctor can see for the external reproductive organs after the baby is born.

If the doctor sees a vulva, then it’s usually assigned female. If they see a penis, then usually the baby is assigned male.

But it’s not that simple. There’s a range of how genitals may look at birth. Maybe there’s a penis, but ovaries and no testicles. There’s also the possibility that the chromosomes are something different than XX or XY. Like XXY or XYY. Or maybe the chromosomes are XY, which is what we usually think of as male, but there’s a vulva.

I don’t want to get too wrapped up in the discussion of being born intersex. If you have more questions about this please ask!

The reason I bring up being born intersex is because we now recognize that it’s not as simple as being assigned male or female at birth. Currently in the US, there are 16 states and the District of Columbia that have an option on the birth certificate for something other than “male “or “female.”

Is it possible to change your sex on your birth certificate once you’re older? Yes, depending on where you live.

In some states, if you want to change your birth certificate you may need to do something as simple as filling out a form. In other states, you may need to prove that you had surgery. Some states don’t allow you to change your sex on your birth certificate at all.

Personally I love maps, so I thought I’d share this one from the Movement Advancement Project.  It provides information on birth certificates.

 The answer on changing your sex on your driver’s license is similar – it depends on where you live. In some states and territories, it’s as simple as submitting a form. In others, you may need to provide documentation from a health care provider. And two states don’t allow you to change your sex on your driver’s license at all.

Here’s a map with more information about driver’s licenses, also from the Movement Advancement Project.

 Now your US passport is a different story. In 2022, the State Department policy changed. Now people are allowed to choose either Female, Male or X. That X stands for unspecified, or another gender identity. Unlike in the past, now a person does not need to provide any sort of medical documentation supporting their desire to change their gender on their passport. If you’re interested in learning more, you might want to check out this page from the State Department.

Keep in mind that we’re seeing a lot of things changing right now when it comes to gender, especially at the state level. So you might want to keep an eye on changes to policy where you currently live, or where you might be considering moving to.

Until next time, be safe and have fun!

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