How do I apply for a transgender certificate, and what changed in 2026?

To apply for a transgender certificate (certificate of identity) in India, including in Odisha, a person applies to the District Magistrate under the Transgender Persons (Protection of Rights) Act, 2019, through the National Portal for Transgender Persons. The law changed significantly in 2026: the Transgender Persons (Protection of Rights) Amendment Act, 2026 came into force on 25 May 2026, introduced medical board scrutiny and narrowed the definition, and its validity is under challenge in the Supreme Court. This guide explains the procedure as it stands, what changed, the rights that remain, and Odisha's schemes.

The legal background

In National Legal Services Authority v. Union of India (2014), the Supreme Court recognised transgender persons as a "third gender" with fundamental rights to equality, dignity and self-identification of gender. Parliament then passed the Transgender Persons (Protection of Rights) Act, 2019 and the Central Government framed the Transgender Persons (Protection of Rights) Rules, 2020. Under the 2019 Act as originally enacted, a transgender person had a right to "self-perceived gender identity" (Section 4(2)), and the District Magistrate issued the certificate on the basis of the application and an affidavit, without any medical or physical examination.

What the 2026 Amendment Act changed

The Amendment Act, assented to on 30 March 2026, amends Sections 2, 3, 4, 6, 7, 16, 18 and 22 of the 2019 Act. According to the gazette text, the main changes are:

• Definition narrowed: "transgender person" now covers persons with socio-cultural identities such as kinner, hijra, aravani, jogta or eunuch, persons with intersex variations or congenital variations in sex characteristics, and persons forced or induced to assume a transgender identity. A proviso states that it does not include persons with different sexual orientations and self-perceived identities.
• Self-perceived identity removed: Section 4(2) has been omitted.
• Medical board: a new "authority", a medical board headed by a Chief Medical Officer or Deputy Chief Medical Officer, is created. The District Magistrate now issues the certificate of identity after examining the authority's recommendation, and may take the help of other doctors (amended Section 6(1)).
• Change of first name: a person issued a certificate is entitled to change the first name in the birth certificate and all other official documents (new Section 6(4)).
• Change of gender after surgery: a person who undergoes surgery to change gender must apply to the District Magistrate for a revised certificate, with a certificate from the Medical Superintendent or Chief Medical Officer of the institution; the institution must also report the surgery to the District Magistrate and the authority (amended Section 7).
• Graded offences: Section 18 now carries heavier, graded punishments, including long sentences for abducting a person to forcibly change their identity and for forcing a person to present as transgender for begging or forced labour.

The Amendment Act does not say what happens to certificates already issued under the original procedure. Until rules or a court order clarify this, keep your existing certificate and ID card, and check with the District Social Security Office before applying again.

The Supreme Court challenge

Petitions challenging the Amendment Act were filed in the Supreme Court in April 2026. On 4 May 2026 the Court issued notice and declined an interim stay. On 15 June 2026, on the Union's transfer petition, it stayed proceedings in all High Courts on the same question, so challenges are being heard together in the Supreme Court. The case was still pending at the time of writing. The outcome may change the procedure below, so check the latest position before applying or relying on a certificate.

How to apply for a transgender certificate

1. Register on the national portal at transgender.dosje.gov.in, run by the Ministry of Social Justice and Empowerment, and choose the application for certificate and identity card. Select Odisha and your district.
2. Fill in the form and upload documents: a photograph, identity and address proof, and the affidavit or declaration the form asks for. For a minor, the parent or guardian applies.
3. Medical board: after the 2026 amendment, the District Magistrate considers the recommendation of the medical board. Attend when called and take any earlier medical records.
4. Certificate and ID card: the portal states that district authorities are to issue the certificate and ID card within 30 days of the application. Track the status on the portal.
5. If there is delay or refusal: write to the District Magistrate (Collector) and the District Social Security Officer. In August 2026 the petitioners told the Supreme Court that the portal was not working properly, so if online filing fails, keep proof of your attempts and apply in writing at the Collectorate.

Once you have the certificate, you can use it to change your first name in official records. For Odisha records, the name change in the birth certificate goes through the registrar of births and deaths; for Aadhaar, PAN and passport, follow each agency's update process.

The general procedure for changing a name in Odisha records, with the affidavit and the Odisha Gazette, is explained in name change in Odisha.

Rights under the Act

• Non-discrimination in education, employment, healthcare, access to public goods and facilities, the right to movement, to reside, rent or occupy property, and to hold public or private office (Section 3, as amended).
• Right to reside in the household; a transgender child cannot be separated from parents except by a court order in the child's interest.
• Employment: no establishment may discriminate in recruitment, promotion or other matters, and each establishment must designate a complaint officer.
• Education and healthcare: inclusive education in government-funded institutions, and healthcare facilities, including separate HIV surveillance centres and medical insurance schemes.
• Protection from offences under Section 18, which a person can report to the police like any other offence.

The National Council for Transgender Persons advises the Central Government and can receive grievances. At the state level, complaints about a department's action can be taken to the District Magistrate, and a public authority's unlawful refusal can be challenged by a writ petition, subject to the Supreme Court's June 2026 order on pending cases.

Odisha's schemes: Sweekruti

The SSEPD Department's Sweekruti scheme for transgender persons in Odisha includes, according to its guidelines:

• Assistance to parents of transgender children: ₹1,500 per child per month until the child turns 18.
• Pre- and post-matric scholarships from ₹1,000 to ₹3,000 per month for up to 10 months a year, for Odisha residents with family income up to ₹2.4 lakh a year and a certificate from the national portal.
• Hostel support, skill training, pre-recruitment coaching with a stipend, and self-employment and self-help group assistance.
• Garima Greh shelter homes for adults in need.

Applications go through the Block or urban local body office and the District Social Security Office; most components require the national portal certificate. Amounts may have been revised, so check with the DSSO or the SSEPD Department.

Free legal services are available through the District Legal Services Authority; see free legal aid in Odisha.

Frequently asked questions

Official sources

• Transgender Persons (Protection of Rights) Act, 2019 (India Code)
• National Portal for Transgender Persons (MoSJE)
• Transgender Persons (Protection of Rights) Amendment Act, 2026 (gazette text, via LiveLaw)
• Supreme Court Observer: Challenge to the Transgender Persons Amendment Act, 2026
• SSEPD Odisha: Guideline on Sweekruti

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.