Current Version
| Region | Kentucky |
| Issue | Right to change legal gender |
| Status | Legal, but requires surgery |
| Start Date | Jun 27, 2022 |
| End Date | (none) |
| Description | Kentucky's legal status was confirmed in an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services. KRS 213.121 states; "Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change." This law goes beyond birth certificates, "it establishes the Commonwealth's legally recognized mechanism for changing a person's recorded sex" according to Shipp. KRS 186.412 "authorizes the Cabinet to issue credentials only after verifying information using reliable, legally operative source documents. The statute does not grant discretion to accept unverified personal assertions or non-governmental attestations." Shipp claimed the REAL ID Act reinforces KRS 186.412. "Recognition of a change in sex for state-issued credentials is a legal determination, not a matter of personal declaration. Absent a court order, an amended birth certificate, a certified attested statement from a treating physician or other legally operative government document recognized under Kentucky law, the Cabinet lacks authority to recognize a change in sex for driver licensing or identification purposes." according to Shipp. |
| Sources | (KRS 213.121) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 (KRS 186.412 and Sec. 202 REAL ID Act) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56601 https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf (Valid Proof of Documents) https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf (Email from KYTC) https://archive.org/details/20260112_20260112_2014 https://www.slideshare.net/slideshow/jonathan-todd-shipp-resume/54758759 |
Revision History (8)
edited by mineszilla. redid the description
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| Description | KRS 213.121 states that an individual may have their birth certificate amended with proof from a licensed physician that their gender has been changed by a surgical procedure and court order of name change. This is an administrative law which all agencies must comply to including the Kentucky Transportation Cabinet which operates the driver licensing regional offices across the state. KRS 186.412 mandates all state IDs to match the applicant's birth certificate. Passports cannot be used as a proof of gender change as the state only recognizes either an amended birth certificate, court order, or written proof from a physician notifying completion of surgery. Kentucky's legal status was confirmed in an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services. | Kentucky's legal status was confirmed in an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services. KRS 213.121 states; "Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change." This law goes beyond birth certificates, "it establishes the Commonwealth's legally recognized mechanism for changing a person's recorded sex" according to Shipp. KRS 186.412 "authorizes the Cabinet to issue credentials only after verifying information using reliable, legally operative source documents. The statute does not grant discretion to accept unverified personal assertions or non-governmental attestations." Shipp claimed the REAL ID Act reinforces KRS 186.412. "Recognition of a change in sex for state-issued credentials is a legal determination, not a matter of personal declaration. Absent a court order, an amended birth certificate, a certified attested statement from a treating physician or other legally operative government document recognized under Kentucky law, the Cabinet lacks authority to recognize a change in sex for driver licensing or identification purposes." according to Shipp. |
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| Sources | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56601 https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf https://archive.org/details/20260112_20260112_2014 https://www.slideshare.net/slideshow/jonathan-todd-shipp-resume/54758759 | (KRS 213.121) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 (KRS 186.412 and Sec. 202 REAL ID Act) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56601 https://www.dhs.gov/xlibrary/assets/real-id-act-text.pdf (Valid Proof of Documents) https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf (Email from KYTC) https://archive.org/details/20260112_20260112_2014 https://www.slideshare.net/slideshow/jonathan-todd-shipp-resume/54758759 |
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edited by mineszilla. small correction
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| Description | KRS 213.121 states that an individual may have their birth certificate amended with proof from a licensed physician that their gender has been changed by a surgical procedure and court order of name change. This is an administrative law which all agencies must comply to including the Kentucky Transportation Cabinet which operates the driver licensing regional offices across the state. KRS 186.412 mandates all state IDs to match the applicant's birth certificate. Passports cannot be used as a proof of gender change as the state only recognizes either an amended birth certificate, court order, or written proof from a physician notifying completion of surgery. Kentucky's legal status was confirmed by an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services | KRS 213.121 states that an individual may have their birth certificate amended with proof from a licensed physician that their gender has been changed by a surgical procedure and court order of name change. This is an administrative law which all agencies must comply to including the Kentucky Transportation Cabinet which operates the driver licensing regional offices across the state. KRS 186.412 mandates all state IDs to match the applicant's birth certificate. Passports cannot be used as a proof of gender change as the state only recognizes either an amended birth certificate, court order, or written proof from a physician notifying completion of surgery. Kentucky's legal status was confirmed in an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services. |
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edited by mineszilla. fixing the date
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| Start Date | Nov 21, 2025 | Jun 27, 2022 |
edited by mineszilla. Kentucky's official legal stance
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| Value | (REMOVED) | Legal, but requires surgery |
| Special Status | Ambiguous | Legal, but requires surgery |
| Description | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or lawful status document, you must show legal proof of the changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) | KRS 213.121 states that an individual may have their birth certificate amended with proof from a licensed physician that their gender has been changed by a surgical procedure and court order of name change. This is an administrative law which all agencies must comply to including the Kentucky Transportation Cabinet which operates the driver licensing regional offices across the state. KRS 186.412 mandates all state IDs to match the applicant's birth certificate. Passports cannot be used as a proof of gender change as the state only recognizes either an amended birth certificate, court order, or written proof from a physician notifying completion of surgery. Kentucky's legal status was confirmed by an email sent by lawyer Todd Shipp of the KYTC Office of Legal Services |
Show Difference | ||
| Sources | https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56601 https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf https://archive.org/details/20260112_20260112_2014 https://www.slideshare.net/slideshow/jonathan-todd-shipp-resume/54758759 |
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edited by mineszilla. weird errors found
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| Description | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show legal proof of the changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or lawful status document, you must show legal proof of the changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) |
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edited by mineszilla. small grammar error fixed
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| Description | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show proof of the legal changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show legal proof of the changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) |
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edited by mineszilla. saving people with X markers, sorry y'all :(
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|---|---|---|
| Description | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show proof of the legal changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show proof of the legal changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". (Note: X markers are not recognized in Kentucky) |
Show Difference | ||
created by mineszilla
Helpful?
0 | Original entry | |
|---|---|
| Status | Ambiguous |
| Start Date | Nov 21, 2025 |
| End Date | (none) |
| Description | The Kentucky Transportation Cabinet updated its Valid Proof Documents to state "If your name, date of birth, or gender is different from what is displayed on your identity or legal status document, you must show proof of the legal changes." If your making a gender change using state documentation, you are required to show either a court order, letter from a surgeon, or an amended birth certificate. If you are making a gender change using federal documentation such as a passport or resident/citizenship document, there shouldn't be any additional requirements as the documents are proof of identity and "validity of documents presented are verified through their respective agency". |
| Sources | https://drive.ky.gov/Drivers/Documents/ValidProofDocuments.pdf https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8741 |