Marriage for trans people

Disclaimer: This is legal talk, not legal advice. Laws vary by state, and some of the information discussed on this page may not be applicable in your case. It is up to you to confirm any information herein by doing your own research.

This is written for people who have married or plan to marry after they have transitioned, not marriages prior to transition.

Many people in our community hope to get married or are married, but the legal status of those marriages depends on several factors:

  • Status of your documentation
  • State you live in
  • Sex of spouse
  • Trans status of spouse

Laws vary by state, so you could have a legally binding marriage in one state that would not be recognized in another. That means that it's important to determine your legal status

  • In your birth state
  • In your state of residence
  • In the state where you get married

Because of the number of variables, it is difficult to say with certainty what your status might be. If you are not sure, you need to check with a legal professional who can ensure that everything is handled properly.

Critical steps for a legally binding marriage after transition:

Court Order For Name Change

Social Security name and gender change

Birth certificate name and gender change (not possible in all jurisdictions)

External links

Transgender persons and marriage: the importance of legal planning

Same sex transgender marriage