Transgender Passport Policy: MEA details steps for gender update after overseas surgery

The Ministry of External Affairs (MEA) has detailed the procedure for transgender individuals who have undergone gender affirmation surgery abroad to update the gender details in their Indian passports. The clarification was submitted to the Delhi High Court in response to concerns raised about the process.

The MEA outlined that such individuals must present specific documents to initiate passport renewal with updated gender details upon their return to India. These include a medical certificate confirming the surgery, a legally recognized gender change certificate from the country where the surgery was conducted, and, if applicable, a gender recognition certificate.

Justice Sachin Datta, presiding over the matter, noted that the government could waive the requirement for a certificate under the Transgender Persons (Protection of Rights) Act, 2019. Instead, individuals may provide a sworn affidavit affirming the gender change along with a surgical reconstruction certificate from the hospital where the procedure was performed.


This flexibility was highlighted after the Court questioned why a transgender individual must return to India before their gender could be updated on their passport.

Procedure for gender update on passport

The MEA communication detailed two primary document options for updating gender on a passport:

• A Certificate of Identity for Gender Change (Form-1) or a long-term identity card (Form-6) issued under the Transgender Persons (Protection of Rights) Act, 2019, and its rules, reflecting the desired gender.
• A sworn affidavit confirming the gender change, supported by a surgical reconstruction certificate from the hospital where the procedure was conducted.

If neither document is available, the Ministry allows for the issuance of an Emergency Certificate. This document would include an endorsement stating, "The holder has undergone medical intervention for gender affirmation." The individual can then obtain the necessary documents in India and apply for a reissued passport reflecting the updated gender.

The submission clarifies the MEA’s stance on accommodating individuals undergoing gender transitions, ensuring the process aligns with the Transgender Persons (Protection of Rights) Act, 2019, while providing flexibility for those returning from abroad.