Notaries often encounter situations where witnesses are required to complete a notarization. Whether it’s for real estate transactions, powers of…
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January 18, 2025
How Notaries Can Professionally Identify Individuals Transitioning Genders
As society becomes more inclusive and understanding of gender diversity, notaries must ensure they approach each notarization with professionalism, respect, and adherence to the law. Identifying individuals transitioning genders may present unique challenges, but by following best practices and staying focused on identity verification, notaries can ensure they provide equitable service while fulfilling their legal responsibilities.
Understand the Notary’s Role
A notary’s primary role is to verify identity, assess willingness, and confirm awareness during the notarization process. The focus should always remain on verifying the signer’s identity, not judging or questioning their personal choices or appearance. Any personal bias or discomfort must be set aside to provide professional service.
Respect Privacy and Dignity
Treat every signer with respect and dignity, regardless of their gender identity or appearance. Use the name and pronouns the individual provides, even if they differ from the name or gender marker on their ID. Addressing signers respectfully builds trust and fosters an inclusive environment.
Verify Identity with Sensitivity
When verifying the identity of someone transitioning genders, the name and photo on their ID may not match their current appearance or name. Here’s how to handle such situations:
- Compare Physical Features: Focus on consistent features, such as the shape of the eyes, nose, or ears, that are less likely to change. If unsure, ask polite, professional questions to confirm the individual’s identity.
- Ask for Supporting Documents: If there is a significant discrepancy between the ID and the signer’s appearance, the signer can provide supporting documents. These may include:
- A court order for a name or gender marker change.
- A second form of ID.
- Documents linking the previous name to the current name (e.g., a marriage certificate or name change document).
- Use Witnesses (If Allowed): If your state permits, you may use one or more credible witnesses to verify the signer’s identity. Witnesses should be impartial, personally know the signer, and be able to vouch for their identity.
- Log Details in Your Journal: Record the ID details and note any additional documentation used to verify identity. Be factual and professional in your entries, avoiding unnecessary commentary about the individual’s gender transition.
Maintain Confidentiality
Signers may feel vulnerable disclosing personal information during the notarization process. As a notary, you are bound by confidentiality. Never disclose or discuss a signer’s gender identity or transition with others.
Avoid Assumptions
Avoid making assumptions about a signer’s gender identity based on their appearance, voice, or mannerisms. If unsure, politely ask how they would like to be addressed. For example:
“To ensure I address you correctly, may I ask what name and pronouns you use?”
This approach demonstrates professionalism and respect.
Stay Educated on Local Laws
Laws regarding notarization and identity verification vary by state. Some states may have specific rules about handling IDs that do not reflect a signer’s current name or gender. Stay informed about your state’s notary laws and guidelines to ensure compliance.
Practice Cultural Competency
Cultural competency is the ability to interact respectfully and effectively with people of diverse backgrounds. Attend training or read resources about gender diversity to enhance your understanding and sensitivity.
Address Challenges Proactively
If you encounter difficulties verifying identity:
- Explain the Process: Calmly explain your responsibilities and the need for proper identification.
- Collaborate: Work with the signer to identify acceptable solutions, such as providing alternate documentation.
- Decline If Necessary: If you cannot verify identity to your satisfaction, politely explain why you must decline the notarization and provide options for the signer, such as returning with additional documentation.
Notaries play a vital role in fostering inclusivity and professionalism during the notarization process. By respecting individuals transitioning genders and focusing on lawful identity verification, notaries can ensure that everyone—regardless of gender identity—receives fair and professional service. Staying informed, practicing cultural competency, and adhering to best practices will help notaries navigate these situations with confidence and care.