US Virgin Islands becomes first American territory allowing trans and intersex people to legally change their gender
Following a sweeping executive order by governor Albert Bryan Jr., the policy provides trans and intersex adults with a clear process to update their own, or their minor children’s, birth certificates
By Aaron Sugg
The US Virgin Islands has become the first US territory to officially recognise transgender and intersex people by allowing them to change their gender on official legal documents.
This marks the first formal legal recognition of trans and intersex people in the Virgin Islands’ legal system, following a failed legislative attempt in 2024.
Signed 8 October, following a sweeping executive order by governor Albert Bryan Jr., the policy provides trans and intersex adults with a clear process to update their own, or their minor children’s, birth certificates and government-issued IDs.
“Documents reflect who they truly are” – governor Albert Bryan Jr on the new transgender and intersex law
At the signing ceremony this month, Bryan said, “Virgin Islanders have reached out to our administration seeking a way to have their documents reflect who they truly are.”
He added, “This Executive Order provides a fair and compassionate process where none existed before. It ensures that our government recognises and respects the lived realities of all our residents.”
Under the new policy, anyone aged 18 or older can request a gender marker change in writing, while parents or guardians can make the same request on behalf of minors.
The process requires either a statement from a licensed healthcare provider confirming an intersex condition or a court order approving a gender reassignment change.
“Gender is what you present as or what you feel” – Bryan on trans identity
The documentation will now refer to “gender” instead of “sex”. Bryan explained: “Sex and gender are two different things. In the Virgin Islands, there’s only sex – male and female. Gender is what you present as or what you feel.”
The Virgin Islands stand out among US jurisdictions, as the ruling comes amid a surge in anti-trans legislation – over 500 anti-LGBTQ+ bills have been introduced across the United States in the past two years.
The territory prohibits discrimination based on sexual orientation and gender identity and has no bans on gender-affirming care, trans athletes, or bathroom access, unlike other US states such as Texas, Florida and Tennessee.
For more information or to request a gender marker amendment, residents may contact the Department of Health’s Office of Vital Statistics.