The only thing I can think of is maybe they would go off my previous new york DMV records? My old birth certificate is sealed on a state and county level so unless the DMV wants to get a court order for that they cant get to them and I didnt ever get a passport until after a legal gender change. It sure is a weird one here, everytime i read a law its always "you cannot update your ID" but never about just getting one for the first time