Applying for an X in your passport – also for gender-neutral passports or ID cards

Do you wish to register an X in your passport or ID card, also known as a gender-neutral passport or identity card? If so, a judicial procedure through the court is necessary.

Whether you want your identity to better reflect who you are or you are experiencing practical problems when traveling, an X registration can be an important step. We assist you not only with the legal process but also with all the information you need regarding the passport application itself.

More and more people are choosing gender-neutral gender registration as an appropriate representation of their identity.

At Simmelink Lawyers, we have been guiding clients through this process since 2019. All our applications to date have been successful. We ensure a meticulous and well-considered request, with an eye for your identity and an optimal result.

An X application essentially concerns changing the gender designation on the birth certificate to “undetermined.” This gender registration forms the basis for official documents such as passports, driver’s licenses, and identity cards. The X registration is legally available to individuals who no longer identify as male or female, such as non-binary or intersex persons.

What does an X in your passport or identity card mean?

An X in your passport is seen as a gender-neutral alternative to the traditional gender designation. More and more people are consciously choosing this form of registration, especially among non-binary individuals who do not identify with the traditional male/female categories. What is stated in your passport will then no longer have a label that does not fit who you are.

Since 2022, you can choose an X instead of M (male) or V (female) on your passport and identity card in the Netherlands. This option is intended for people who do not (fully) identify as male or female. After the court’s approval, your gender registration will be updated in the Personal Records Database (BRP) and at the civil registry. With an X registration, you will receive a travel document that better aligns with who you are. Consequently, what is stated in your passport will better reflect your true identity.

An X in your passport stands for registration as “gender undetermined.” This term is consciously chosen in birth certificates, passports, and court rulings because it allows room for personal experience without imposing a judgment.

For many people who do not identify as male or female – such as non-binary or intersex persons – this is an important form of recognition.

When are you eligible for an X?

Whether you are eligible for a gender-neutral gender registration depends on your personal situation and how you identify. Case law in this area is constantly evolving. Choosing an X in your passport instead of M or V is not yet regulated by Dutch law.

An X registration is only possible if you structurally do not identify as male or female. The court assesses whether your request is sufficiently substantiated. This assessment differs from requests by persons who identify with the opposite gender.

In the case of an X registration, the focus is not on a transition to the other gender, but on the absence of a binary identity. Non-binary persons fall outside the traditional classification. You do not need to have had any medical treatment. However, an expert statement is mandatory, stating that your gender identity is non-binary. Many people think an expert statement is needed to prove their identity, but it is primarily required to sufficiently substantiate the legal request.

You do not need to have had any medical treatment. However, an expert statement is mandatory, stating that your gender identity is non-binary. Many people think an expert statement is needed to prove their identity, but it is primarily required to sufficiently substantiate the legal request.

You can apply for an X if:

• you are over 16 years old (with consent from age 16);
• you have Dutch nationality;
• you are registered in the Netherlands;
• you have a valid form of identification (passport or identity card);
• you have not identified as male or female for a long period.

What are the costs of an X application?

The costs for applying for an X in your passport are €1,060. This amount consists of:

• €341 court fees (court costs in 2025)
• €719 legal preparation and guidance
• No additional lawyer fees, unless the court schedules a hearing

If the court schedules a hearing, we will charge additional costs for the extra time investment. We will inform you clearly about this in advance.

In exceptional cases where the court denies the request, we can also advise you on the possibilities for appeal. This ensures you will not face any surprises. If you are eligible for subsidized legal aid, you may only have to pay a personal contribution. We can inform you about the amount of the personal contribution and how it is determined.

Combining a name change with an X application

Would you like to change your first name at the same time? That is possible.
For a separate name change, we charge €960, but with a simultaneous application, we can combine the procedures efficiently. As a result, you pay €1,060 for both together, instead of two separate processes of €960 and €1,060.

Possibility of subsidized legal aid

If your income and assets are below a certain threshold, you may be able to use a grant via the Legal Aid Board. In that case, different financial conditions apply:

• Court fees: €91
• Personal contribution: between €420 and €900, depending on your income.
  Would you like to know what your personal contribution would be? You can read this yourself via the website of the Legal Aid Board.
• No additional lawyer fees

In special cases, a subsidy or special assistance via the municipality is possible, for example, if you have a low income. We will be happy to inform you about this during the introductory meeting.

We discuss all costs in advance. In exceptional cases where the court denies the request, we can also advise you on the possibilities for appeal. This ensures you will not face any surprises. If you are eligible for subsidized legal aid, you may only have to pay a personal contribution. We can inform you about the amount of the personal contribution and how it is determined.

How does the application procedure work?

Step by step towards an X status in your passport or identity card:

1. Introductory meeting
   We listen to your story and explain the procedure. You will gain insight into the chances of success and costs, and whether you may be eligible for special assistance or a subsidy.
2. Collecting documents
   We guide you (if necessary) in collecting: the expert statement, birth certificate, and a copy of a valid passport or ID card.
3. Filing the petition with the court
   We draft the petition and file it for you; a Lawyer at Law is required for this step. The petition consists of two parts:
   • your personal explanation and motivation;
   • legal substantiation;
4. Court ruling
   A ruling follows after a few weeks. Thereafter, a waiting period of three months generally applies before the change is definitively processed, allowing for an appeal. These three months are legally mandated and give parties the opportunity to object or appeal. Upon approval, your gender registration will be updated in the BRP and at the civil registry of the municipality where you are registered.
5. Applying for your new passport or identity document
   With the ruling, you can apply for a new identity document or travel document at the municipality. The change will then also be registered at the civil registry. Many clients experience the moment they receive an X in their passport as an important recognition of their identity.
   
   We also advise you on all practical aspects surrounding the passport application, such as a possible urgent application, required documents, and passport photos.
   You can apply for your passport at the municipality as soon as the registration has been updated. Do you also need an identity card? Then you can apply for it at the same time as the passport.