Kansas changed its transgender driver's license policy in 2024
In May 2024, Kansas passed legislation that restricts how transgender people can change the sex designation on their driver's license. The law requires anyone seeking to change their sex marker to provide a certified copy of a court order or amended birth certificate showing the change. Before this law, Kansas allowed sex marker changes through an affidavit process that did not require court involvement.
The state did not revoke existing licenses that already showed a changed sex designation. People who had already changed their marker before May 2024 kept their licenses as they were. The change only affected new requests going forward.
This means if you had a Kansas driver's license with a sex marker that matched your identity before May 2024, that license remains valid. If you want to change your sex marker now, you face a different process than people did before the law passed.
Key Takeaways
- Kansas requires a court order or amended birth certificate to change the sex designation on a driver's license as of May 2024.
- Licenses issued before May 2024 with changed sex markers were not revoked and remain valid.
- The change affects only new requests for sex marker changes, not existing licenses.
- You will need to go through the court system in Kansas or another state to obtain the legal document required by the new rule.
- The Kansas Department of Revenue handles driver's license sex marker changes and can tell you what documents they currently accept.
What the law requires now
To change the sex designation on a Kansas driver's license under the current rule, you must present either a court order from a Kansas court that reflects your sex change, or a certified copy of an amended birth certificate showing your updated sex designation. The Kansas Department of Revenue will not accept an affidavit or self-certification alone.
If you were born in Kansas, you can petition the district court in the county where you were born to amend your birth certificate. If you were born in another state, you will need to follow that state's process for amending your birth certificate, then present the certified copy to Kansas when you renew or change your license.
The court process typically takes several weeks to several months, depending on the county and whether the petition is contested. You will need to file paperwork, pay a filing fee (which varies by county), and may need to appear in court or have the judge review your petition without a hearing.
How to start the process in Kansas
Contact the district court in the county where you were born. Ask for information about petitioning to amend your birth certificate. The court clerk can tell you what forms to file, what the filing fee is, and whether you need an attorney. Some counties have forms available online; others require you to contact the court directly.
If you were born outside Kansas, contact the vital records office in the state where you were born. Each state has its own rules for amending birth certificates, and some require a court order while others allow administrative changes. The National Center for Transgender Equality maintains a state-by-state guide to birth certificate changes if you need to understand your home state's process.
Once you have the court order or amended birth certificate, take it to a Kansas Department of Revenue office along with your current driver's license. You can renew your license at the same time or straightforward update the sex designation if your license is not yet due for renewal.
What happens if you need your license before the court process finishes
Your current license remains valid until it expires, even if you have a court case pending. You do not have to wait for the court order to be finalized before renewing your license for other reasons—such as address changes or expiration.
If your license expires while your court petition is still in progress, you can renew it with your current sex designation and update the marker later once the court order arrives. The Kansas Department of Revenue will not force you to change it or deny you a renewal because a change is pending.
If you already changed your marker before May 2024
Your license is not affected by the new law. You do not need to do anything unless your license is expiring and you want to renew it for other reasons. When you renew, the sex designation on your current license will carry forward to your new one unless you request a change.
The law did not create a requirement to re-verify or re-document sex markers that were already changed under the old affidavit process. Your existing license with the updated marker is still valid identification.
Contact information and next steps
The Kansas Department of Revenue handles driver's license matters. You can reach them at 785-296-3671 or visit their website to find a local office. When you call, ask specifically what documents they currently accept for sex marker changes and whether they have a checklist of what to bring.
If you need help understanding the court process in your county, contact the district court clerk's office directly. Many courts have self-help centers that can explain the petition process without charging a fee. Some legal aid organizations in Kansas also help with birth certificate and court order petitions; you can search for local legal aid through the Kansas Bar Association.
Frequently Asked Questions
Can I use a court order from another state?
Kansas will accept a court order from another state if it reflects a legal change to your sex designation in that state. You will need a certified copy of the order. If you moved to Kansas after obtaining the order, bring it along with your identification showing your current Kansas residency.
What if I can't afford the court filing fee?
Many Kansas district courts allow you to request a fee waiver if you cannot afford the filing cost. Ask the court clerk about filing a motion for indigency or fee waiver when you contact them about the petition process. Some legal aid organizations may also help cover costs for people who meet their income limits.
Do I need a lawyer to change my birth certificate or get a court order?
You do not legally have to hire a lawyer, though some people find it helpful. Many Kansas courts have self-help resources and forms available for people representing themselves. Legal aid organizations and some LGBTQ+ advocacy groups offer free or low-cost help with these petitions.
Will my old license with the changed marker still work for travel or ID purposes?
Yes. A license issued before May 2024 with a changed sex marker is a valid government-issued ID. It will work for travel, voting, and other purposes that require identification. You do not need to replace it early because of the new law.
What if I'm not sure whether my birth state allows birth certificate changes?
Contact your state's vital records office directly—they can tell you whether your state allows sex marker changes and what process to follow. The National Center for Transgender Equality also publishes a guide to birth certificate laws by state that you can use as a starting point.