Kansas – Birth Certificates

As of September 2023, the Kansas Department of Health and Environment announced it will no longer allow for transgender individuals to change their gender marker on their Kansas birth certificates.

Under KDHE’s current policy, if you’re transgender and have not yet been able to change the gender marker on your Kansas birth certificate, you will not be able to change it while this policy is in place.

If you already changed the gender marker on your Kansas birth certificate, that birth certificate is still valid. However, if you apply for a new copy of your birth certificate (because you lost it, need another certified copy, etc.), KDHE will revert your gender marker back to the original marker when it issues you the new copy. Additionally, if need to amend your birth certificate again after you already changed the gender marker (to update your name after a name change or marriage, for example), KDHE will revert your gender marker back to the original marker when it makes the newly requested amendment.

This means that if you have already updated your gender marker on your birth certificate, it is very important you do not lose it, amend it, or request an additional copy of it—because if you do, the next certificate you receive will list the old, incorrect gender marker.

Kansas – Driver's Licenses

Under SB 244, Kansas driver’s licenses must reflect a person’s sex assigned at birth. At this time, Kansas Department of Revenue (KDOR) will not issue or renew a driver’s license with a gender marker that differs from an individual’s sex assigned at birth. If the gender marker on your Kansas driver’s license does not align with the sex assigned at birth, that license is no longer valid under Kansas law . That means if you renew your license, request a replacement license, or make other changes to your Kansas driver’s license, your new license must reflect your sex assigned at birth to be in compliance with SB 244.

The constitutionality of these provisions is being litigated in Doe v. Kansas. For updates on that litigation, see the Doe case page here.

This law does not affect the validity of licenses issued by other states or documents beyond Kansas issued drivers licenses and non-driver’s license IDs and Kansas issued birth certificates.