The U.S. State Department has updated its passport application process in compliance with the June 17, 2025 injunction. This change allows transgender, nonbinary, and intersex individuals to receive passports that reflect their correct gender identity.

Who Qualifies

You may apply as part of the class if you meet any of the following criteria:

  • You do not currently have a valid passport
  • You need to renew your passport because it expires in less than one year
  • You need to change your passport to correct your sex designation and/or reflect a name change
  • You need to replace a lost, stolen, or damaged passport

Application Process

All class members must submit a paper application. Online PDF filler and online renewal options are not available.

Depending on your situation, submit the appropriate form:

  • Form DS-11: For first-time applicants or children under age 16
  • Form DS-82: For passport renewals
  • Form DS-64: To report a lost, stolen, or damaged passport

Attestation Form Requirement

If you are applying to change the sex marker on your passport to one that differs from your sex assigned at birth, you must also complete an Attestation Form.

This form was introduced as part of the court’s injunction relief. 

Additional Information

While the process is now available, the lawsuit is ongoing so it’s important to be mindful of potential shifts in this relief. Be sure to assess your needs carefully when deciding to update your passport.

For updates visit the ACLU website.  If you would like to speak to someone who can answer specific questions, please visit NCLR’s help page or call 800.528.6257.