Department of State Washington, D. C. 20520

In reply refer to: PT/LS

August 18, 1978

Ms. Joanna M. Clark Director, Legal Research Division Renaissance [THIS ORGANIZATION CLOSED IN 1986, REPLACED BY J2CP]

Dear Ms. Clark:

I refer to your July 20 letter to the Passport Office.

When an applicant has changed his/her name, the passport will be issued in that name if the applicant presents a court order changing the name. When the applicant has not obtained a court ordered name change, a passport will be issued in the assumed name only when the applicant submits the following:

a) Affidavits executed by two or more persons attesting that they have known the applicant by both names and that the applicant has used the assumed name exclusively for at least the past 5 years;

b) Documentary evidence such as school records, military records, employment records, tax records, or other public records; and

c) Identification in the assumed name only.

A transsexual who meets either of the above requirements may have a passport issued in a new name.

In addition, a transsexual may have the sex designation in the passport changed from that indicated on the birth evidence provided the applicant submits a doctor's letter which states that the applicant is a post-operative transsexual or a pre-operative transsexual who is in the final stages of treatment prior to surgery. If the applicant is post-operative, a full validity passport will be issued. If the applicant is pre-operative, a passport valid for one year will be issued. Unless a pre-operative applicant shows extenuating circumstances, a passport will not be extended until the applicant submits a doctor's letter stating that the surgery has been performed. The reason for this is, as stated above, a pre-operative applicant must be in the final stages of treatment prior to surgery before a passport will be issued with the new sex designated therein.

This policy is based on 22 U.S.C. 211a which grants the Secretary authority to issue passports "under such rules as the President shall designate . . . ". Executive Order No. 11295, 31 Federal Register 10603 (1966) designated the Secretary to exercise authority conferred upon by the President by Section 211a. In addition, 22 U. S.C. 2658 provides that "the Secretary of State may promulgate such rules and regulations as may be necessary to carry out the functions . . . vested in the Secretary of State . . . ".

Based on the above authority, the Secretary has promulgated rules and regulations pertaining to the issuance of United States passports. Title 22, Code of Federal Regulations, Section 51.24 concerns the issuance of passports to individuals who have changed their names. A copy of the passport regulations is enclosed for your convenience.

There is no regulation which specifically deals with the sex designation in the passport. Our policy explained above is based on the fact that the passport is a document of identity as well as citizenship and is highly regarded as such both domestically and abroad. Accordingly, the passport must be issued with data which best identifies the bearer. We believe that a pre-operative transsexual whose treatment has progressed to the final stages prior to surgery can, in most cases, be better identified by the new sex. The passport is limited in validity to one year because, until surgery is completed, issuance with the new sex designation is an accommodation.

I hope this information is of assistance to you.

Sincerely,

Michele E. Truitt Acting Chief Legal Division Passport Office

by: Robert W. Knott Attorney Advisor

Contents of letter verified 22 April 1988 by William B. Wharton, Director, Office of Citizenship Appeals and Legal Assistance, Department of State, Washington, D.C. 20520. Contents of letter reverified 14 July 1989 by Bonnie Lea-Brown, Attorney Adviser, on behalf of William B. Wharton, Director, Office of Citizenship Appeals and Legal Assistance, Department of State, Washington, D.C. 20520.