Identifying a gender different from the one born with is a shocking reality for many individuals. As a lawyer, I meet such individuals regularly and help them change their gender identities throughout the documents.
If you’re searching for a gender change legally, then read this full procedure. I have shared here everything, as per my own experience and expertise, I have explained all the steps involved in updating your legal documents to reflect your new gender.
Importance of Name Change After Changing Gender
Well! Firstly, it is important to know the importance of changing names in legal documents after a gender change.
As per the feedback I got from transgenders- Sticking up with documents that don’t reflect a person’s real gender can be stressful and lead to face challenges. An identity that doesn’t match your real appearance or inner self pinches you all the time. It can create abnormal situations while interacting with friends, family, colleagues, officers, and society.
A legal gender change ensures accuracy in all your official documents, promoting a more comfortable and realistic experience.
Who Can Change Their Gender in India? Eligibility
As a legal expert, I will tell you the good news that Indian law recognizes the right of transgender individuals to change their gender identity. However, they still face real-life struggles in society. It includes those who identify themselves as transgender, or persons with different gender identities.
I would like to share here that the Transgender Persons (Protection of Rights) Act, 2019, gives the right of legislation that acknowledges this right and outlines an easy process for legal recognition.
Documents Required To Change Gender Legally
It is important to update your identity documents to reflect the correct name. Following are the documents required to apply for gazette publication to change gender legally. You should contact us by calling the numbers shown on the screen to prepare the legal document and process your application.
- Name change application form from the gazette office.
- Birth certificate
- Address Proof – the electricity bill, ration card, etc.
- ID Proof – Passport, Voter ID, aadhaar card, etc.
- 2 passport-size photographs
- Affidavit (original)
- Newspaper advertisement copies (original)
- Medical certificate
- Government processing fee
Medical Documents:-
Medical documents that are required:
- GID (Gender Identity Disorder)/GD (Gender Dysphoria) letter
- HRT (Hormone Replacement Therapy) initiation letter
- Any kind of surgery documents that adds value to the whole scenario
Change Your Gender Legally: A Step-by-Step Guide
Now, let’s delve into the specifics of changing your gender on legal documents in India. Following are the steps involved, along with some additional considerations:
- Affidavit:
The first step is to prepare an affidavit declaring your intention to change your gender and the reason. You’ll need to get it typed in a government-prescribed format and notarized by a public notary, an official authorized to verify the identity.
- Newspaper Advertisements:
Then you’ll need to publish two public notices in a local and a national newspaper, to inform the public about your gender change. Informing individuals, such as creditors or employers, about the legal change to your identity.
- Gazette Notification:
After publishing newspaper advertisements, you’ll have to apply for a gazette notification by submitting the affidavit, original copies of your newspaper advertisement, and paying the prescribed fee. The gazette notification is an official announcement of your gender change in a government publication and is a worldwide recognized legal proof for updating other documents.
Court Order for Legal Name Change After A Gender Change
In some cases, a court order approving a gender change may required. This can vary depending on the specific circumstances and your state government policies. Consulting with our lawyer specializing in gender change procedures can help you to know the required documents for your situation.
Legally Change Your Name on Documents After Gender Change
Once you have the gazette notification (and court order, if applicable), you can proceed to update your legal documents. Here are some of the important documents you’ll need to update in priority:
Aadhaar Card:
This is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI). Take a copy of the gazette certificate along with other supporting documents and name change application and submit it at the designated desk at the uidai office.
Voter ID Card:
This document is essential for participating in elections in India. After changing your gender you should update it as a priority.
Passport:
If you’re willing to travel internationally, updating your passport with your new gender marker is very important. Otherwise, you may fail the immigration process and get a visa too.
Driving License:
A driver’s license is very important to drive a vehicle on Indian roads, and it should reflect your correct gender identity. Approach your regional RTO office and submit supporting documents as they require for this update.
PAN Card:
This document is used for filing income tax returns and to perform financial transactions in India. To update it you need to contact the IT department of your district.
Bank Records:
Your bank records must reflect your new name and gender to ensure smooth financial transactions. You’ll need to contact your bank manager for this and he’ll guide you with the formalities.
Educational Certificates:
Though it’s not mandatory, always, update your Educational certificates. But if you’re willing to study further or want to apply for a job, it becomes necessary to maintain consistency across all your documentation.
Birth Certificate:
Though it’s not important to update your birth certificates, if you’re willing to study further or want to apply for a job, it becomes necessary to maintain consistency in your birth certificate too. You’ll need to take a copy of the gazette, newspaper advertisement, and application form. Submit it all at the Nagar Nigam office of your region to get a new birth certificate.
Tips for a Smooth Process of Gender Transition:
- Medical Procedures: Though it is not mandatory by the law of India, some states ask for a medical certificate from a registered medical practitioner to support your real gender identity. This can vary by state, so consulting with a local human rights organization or lawyer can assist you correctly.
How Can We Help You to Update New Legal Name?
- We have 9+ years of experience in changing the gender of individuals in India by adhering to legal procedures.
- Our expert lawyers will fill out the gazette application correctly.
- Prepare a gender change affidavit in the desired format on your behalf.
- Communicate with the newspaper publishing agencies, to publish newspaper advertisements.
- He will follow up with the government authorities and the Departments of Publication on your behalf.
- We will help in the process of changing your gender and clarify the legal issues if any.
- Our legal advisor will leave you free to save your crucial time.
- Reduce the stress of the gender change process on all of your documents.
- You will get your new identity updated on time throughout your documents.
- He will also help you update it on other documents if required.
Changing your gender on legal documents is an important step towards living authentically. While the process requires some effort, the peace of mind and sense of self-affirmation it brings are truly transformative.
