HHS issues "Defining Sex" guidance and sex-based definitions for the department and the public

Guidance/memoHHS

Date
Actor
HHS Office of the Secretary / Office on Women's Health
Agency
Department of Health and Human Services (HHS)
Type
Guidance/memo
Section
HEALTH AGENCIES (HHS, NIH, CDC, CMS, FDA, SAMHSA, HRSA, ACF)

Summary

Implementing EO 14168, HHS issued "Defining Sex: Guidance for Federal Agencies, External Partners, and the Public," defining sex as an "immutable biological classification as either male or female" based on gamete type and defining "female," "male," "woman," "man," "girl," "boy," "mother," and "father" accordingly. HHS committed to using these definitions department-wide and launched a promotional "sex-based definitions" webpage through the Office on Women's Health. The guidance is the terminological foundation for later HHS actions treating gender identity as legally irrelevant. (See also section 12.)

Status

In effect; HHS reissued an updated version of the guidance dated November 20, 2025.

As recorded in the data of . Check the sources for anything newer.

Related litigation

Documents

Sources

Cite this action

U.S. Dep't of Health & Hum. Servs., Defining Sex: Guidance for Federal Agencies, External Partners, and the Public (Feb. 19, 2025), https://womenshealth.gov/sites/default/files/_images/2025/2.19.25%20Defining%20Sex%20Guidance%20for%20Federal%20Agencies,%20External%20Partners,%20and%20the%20Public%20FINAL.pdf.

Short form: U.S. Dep't of Health & Hum. Servs., Defining Sex: Guidance for Federal Agencies, External Partners, and the Public (Feb. 19, 2025), https://womenshealth.gov/sites/default/files/_images/2025/2.19.25%20Defining%20Sex%20Guidance%20for%20Federal%20Agencies,%20External%20Partners,%20and%20the%20Public%20FINAL.pdf.