Ohio BMV Gender Marker Changes: Frequently Asked Questions (FAQs)

Updated August 31, 2026 Page Downloadable as PDF HERE

TransOhio knows that recent changes to the Ohio Bureau of Motor Vehicles (BMV) policy have created confusion and concern for trans Ohioans. We have prepared these FAQs to explain what has changed, what it means, and what options may still be available.

Important: This information is general information, not individualized legal advice…

What changed?

The BMV recently stopped accepting its previous Declaration of Gender Change (BMV2369) form for changing the sex designation on an Ohio driver's license or state ID.

Previously, Ohioans could request a gender marker change directly through the BMV using the form, which included a certification of the applicant's gender identity from a licensed professional.

The BMV now requires an updated birth certificateor U.S. passport for this purpose.

So what?

No notice was given. So now Ohioans who could previously update their identification must jump through hoops just to obtain the same legal document.

This policy change is inequitable, impractical, and entirely unnecessary. 

Why the policy change?

The BMV cited Ohio Revised Code Section 9.05, which defines gender identity as a “subjective sense of self disconnected from biological reality” and states the state recognizes only two unchangeable sexes: male and female. 

However, that language is in the state budget and does not direct the BMV to act in any particular way, including changing the BMV’s policies or definitions of “sex.”  

Does this mean I can no longer change the sex designation on my Ohio ID?

Not necessarily.

The important change is that the BMV is no longer accepting the previous Declaration of Gender Change Form as the basis for changing the sex designation on Ohio identification.

If you have a birth certificate or passport that contains the designation you want reflected on your Ohio ID, that document may be used to support the change.

If you do not have such a document, however, the process is now significantly more difficult.

What if I already changed the sex on my Ohio ID?

The BMV's recent policy change does not automatically mean that every existing Ohio ID must be changed back.

If you already have an Ohio driver's license or ID with your correct designation, you should not assume that you need to surrender it or obtain a new one simply because the BMV changed its policy.

If the BMV contacts you about your existing identification, or if you encounter a problem renewing or replacing your ID, consider seeking legal assistance before taking action.

What if my birth certificate has the wrong sex listed?

This is one of the biggest problems created by the new BMV policy.

For people born in Ohio, changing the sex designation on a birth certificate can involve a court proceeding. Ohio courts have previously recognized that Ohio law permits courts to address corrections to birth records, although the law and administrative practices are not equal in all 88 counties.

In re B.C.A., the Supreme Court of Ohio addressed the interpretation of R.C. 3705.15 and whether that statute permits a court to order a change to the sex designation on a birth certificate. The decision is an important authority for understanding Ohio birth-certificate litigation.

If you were born in Ohio and need to change your birth certificate, consider seeking legal assistance before filing. The requirements and procedures vary by county.

What if I was born in another state?

The answer depends on the law of the state or country where your birth certificate was issued.

Some states allow trans people to change the sex designation on their birth certificates relatively easily. Others require a court order or other documentation. Some states currently prohibit or severely restrict changes.

If your birth certificate was issued outside Ohio, you generally need to follow the rules of the issuing jurisdiction. 

Additional resources on how other states handle identity document updates can be found at: https://transequality.org/documents

Can I use my passport instead?

Maybe.

The BMV has stated that it will record the sex stated on an individual's birth certificate or passport on an Ohio driver's license or ID.

However, federal passport policies have also changed significantly. The U.S. Department of State currently limits passport sex markers to M or F corresponding to “biological sex at birth,” and litigation challenging that policy is ongoing.

That means a U.S. passport may not provide a solution for every Ohioan.

Why is this such a big deal?

An Ohio driver's license or state ID is used for much more than driving.

People routinely use identification to:

  • Start a job

  • Open a bank account

  • Obtain housing

  • Access healthcare

  • Pick up prescriptions

  • Travel

  • Vote

  • Obtain government benefits

  • Enter certain buildings

  • Verify their identity with police or other government officials

When a person's identification documents contain conflicting information, they may have to disclose that they are transgender when they otherwise would not have done so.

That can create risks of discrimination, harassment, humiliation, and, in some circumstances, physical danger.

The Supreme Court of Ohio has recognized these concerns in litigation involving transgender people and birth certificates, including the risk that inconsistent identification can disclose a person's transgender status without their consent.

Does this affect my name change?

No.

The BMV's gender-marker policy and the process for changing your legal name are separate issues.

You may still pursue a legal name change through the appropriate Ohio court. Once you have a court order changing your legal name, the BMV has separate procedures for updating the name on your driver's license or ID.

What if I have a court order changing my name but my birth certificate still has my old name or sex designation?

A name change court order can establish your legal name, but it does not necessarily change the name on your birth certificate.

You can change your name with the BMV by showing a name change court order, even if the name on your birth certificate is not your current legal name.

Do I have to change my birth certificate before changing my Ohio ID?

If you do not have another qualifying document, the new BMV policy may effectively require you to obtain one first.

This is the practical problem created by the policy change.

The previous BMV process allowed an Ohio resident to request a gender-marker change 

If you cannot obtain a birth certificate reflecting the designation you need—and your passport does not provide an alternative—you may currently be unable to obtain an Ohio ID reflecting that designation.

What should I do if the BMV refuses my request?

Ask the BMV or deputy registrar to explain in writing why the document you presented was rejected.

Keep copies of:

  • Your current ID;

  • Your birth certificate;

  • Your passport;

  • Any court orders;

  • Any BMV forms you submitted;

  • Written communications from the BMV;

  • The date and location of your visit; and

  • The name or identification number of the person who assisted you, if available.

Do not throw away your existing identification.

If you believe the BMV incorrectly applied its policy or treated you differently because you are trans, consider contacting an attorney or organization for assistance.

What if my documents don't all match?

You are not alone. And it’s okay!

Many trans people have identification documents that do not all contain the same name or sex designation.

Is this policy being challenged?

The policy change has drawn criticism from advocates and legal organizations because it creates an additional barrier to obtaining identification that accurately reflects a person's identity.

TransOhio is monitoring the policy and related legislation and litigation. So are other state and national organizations. 

The legal landscape is changing quickly, so information that was accurate several months ago may no longer be accurate.

We will continue to share updates and actions with the community as they become available.

Can TransOhio help me?

TransOhio provides information, referrals, and legal-support resources for transOhioans and their families.

If you need help with a name change, birth certificate issue, driver's license or ID problem, or another documentation issue, contact TransOhio to learn what resources may currently be available.  

Free virtual legal clinics are held the second Wednesday of every month by appointment. We also have multiple guides and resources on the “legal clinic” section of our webpage. Finally, we also offer financial aid with filing fees through our microgrant program.

If you need these services, please visit:  https://www.transohio.org/legalclinic

If you have any further questions, please email us at legalclinics@transohio.org

Please do not assume that you have no options simply because the BMV rejected your request. Reach out for more information.