#TransRights
Legal Gender Recognition
Scroll to Explore
There has been an unprecedented increase in anti-trans sentiment, resulting in a surge of legislation that is undoing the progress made by trans-diverse people in obtaining their fundamental civil rights worldwide. To combat repressive anti-gender legislation and celebrate existing best practices, Outright is launching a campaign to show the benefits achieved by trans people in the 18 countries where self-determined legal gender recognition is observed. Unfortunately, most countries have no procedure for legal gender recognition. In others, trans people are subjected to burdensome requirements before changing their gender markers. These requirements may include undergoing irreversible surgery and psychiatric confinement to psychiatric evaluation, divorce and lengthy waiting periods before being recognized in their lived gender.
What is Self-Determined Legal Gender Recognition?
“Legal gender recognition” refers to a person’s ability to change their name and gender marker on official documents, allowing them to be recognized by law according to their lived gender.
This process is crucial for upholding the dignity of trans persons and ensuring their enjoyment of human rights. When trans people cannot present official documents that align with their gender identity and expression, they face scrutiny and risk discrimination or violence whenever they need to provide identification — whether opening a bank account, accessing healthcare or employment opportunities, renting an apartment or passing through a police checkpoint.
18
countries
have rights-based legal gender recognition
22
countries
require individuals to have surgery and sterilization
39
countries
require expert testimony and witnesses
Discover
Legal Gender Recognition
Learn how trans people in
can change their legal gender identity.
Argentina
- Year: 2012
- Name of the law: Identidad de Género, Ley 26.743.
English translation by TGEU: The Gender Identity Law No. 26,743). - Are there age restrictions on accessing legal gender recognition?
Children under 18 years must make a request for gender marker change with the consent of their legal guardians and the assistance of a children’s lawyer. If it is not possible to obtain the consent of the child’s legal guardians, the child can file a summary proceeding in which a judge must take into account the evolving capacities and best interests of the child.
Article 5 of the Act, in accordance with the Convention of Rights of the Child and in Law 26061 for the Comprehensive Protection of the Rights of Girls, Boys and Adolescents; in relation to persons younger than eighteen (18) years old, the request for the procedure detailed in Article 4 must be made through their legal representatives and with explicit agreement by the minor, taking into account the evolving capacities and best interests of the child.
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 – Right to gender identity. All persons have the right to:
a) The recognition of their gender identity;
b) The free development of their person according to their gender identity;
c) Be treated according to their gender identity and, particularly, to be identified in that way in the documents proving their identity in terms of the first name/s, image and sex recorded there. - Does the law address other human rights?
The Act permits access to comprehensive healthcare, hormone treatments, and partial or total surgical interventions without requiring judicial or administrative authorization. It also requires the public health care system to cover these interventions (Article 11).
- How is the gender marker change reflected on legal documents?
Gender marker is changed on birth certificates and national identity cards.
- Additional Information:
Since July 21, 2021, the national identity document and passports have incorporated a third gender category, X, that allows people to be identified outside the traditional binary genders.
Story from Argentina: Alba Rueda
I finally lived in an Argentina that recognized our names in all governmental procedures. It’s so important, so fundamental, that a struggle involved everyone [my parents, environment, educational environment] saying: "You are wrong. This is not you, and you are sick. There is a pathology; there is an illness. You are mistaken. It’s illegal. It’s illegal."We could finally respond and say: "Yes, we are right. The State is not our enemy; it can be a tool for changing and transforming inequalities." And that message was so important.
The right to gender identity is one of those fundamental and basic rights that define all people.
Belgium
- Year: 2007, updated in 2017
- Name of the law:
Loi réformant des régimes relatifs aux personnes transgenres en ce qui concerne la mention d’une modification de l’enregistrement du sexe dans les actes de l’état civil et ses effets (Law of 25 June 2017 reforming regimes for transgender persons with regard to the reference to a change in gender registration in civil status documents and its effects), 2017.
This law updates a 2007 law: Loi rélatif á la transexualité (Law relating to trassexuality), May 10, 2007.
An official English summary of the provisions of the 2017 law is available here.
- Are there age restrictions on accessing legal gender recognition?
Children of age 16 or 17 can apply to change their gender marker, but must have the support of a child psychiatrist and their parents or a court-appointed legal representative (Article 3, Section 11).
Non-emancipated minors between the ages of 12-15 can apply for a name change with support from parents/legal guardians. Unlike persons over 16, they also have the leeway to change their name a second time so long as they do not change their gender (Article 11). - Does the law reflect legal gender recognition as a human rights issue?
No.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
Gender marker is changed on the civil registry and the birth certificate.
- Additional Information:
The 2017 law removes a provision in Belgium’s 2007 law that required irreversible surgery in order to obtain legal gender recognition.
Recognition begins when the new entry is recorded at the margin of the birth certificate, and registration takes place when the civil registrar finds that no appeal has been lodged against the application for gender change. The registrar then informs the public prosecutor of the court of first instance within three days.
Within three months of receiving notification of the proposed gender marker change from the civil registry, the public prosecutor can reject the change if it is “contrary to public order.”
The right of name change accompanies gender change and is provided for under Article 11. The request is accompanied by a declaration and is done once.
Story from Belgium: Aiden de Prins
We are lucky that one of the more prominent doctors in Belgium is a trans woman, and she is in politics. So it's because of her that our legal recognition changed from not being allowed to change if you didn't do the surgeries to now just going and asking for it without having to do any surgeries.
We don't mean harm, we just wanna be happy with ourselves.
Brazil
- Year: 2018 court order, enacted into law in 2023
- Name of the law:
Order No. 17 of the National Council of Justice.
Provimento Nº 149 de 30/08/2023,Capítulo VI, “Dos Dados Relativos À Pessoa Transgênero.”
Provision No. 149 of 30/8/2023, Chapter VI, “Data Relating to Transgender Persons.”
- Are there age restrictions on accessing legal gender recognition?
Article 516, specifies that legal gender recognition is only available for persons 18 and older.
- Does the law reflect legal gender recognition as a human rights issue?
Yes. The law states that transgender people “have a fundamental subjective right to change their first name and gender classification in the civil registry.”
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
Change of name and gender classification is made in the Civil Registry and is recorded in the margin of the birth certificate with the inclusion of the term “transgender.” This portion of the birth certificate will not be issued except at the request of the interested party.
- Additional Information:
People seeking to change their gender marker through an administrative process may face challenges gathering all the documents required to do so, under National Council on Justice Provision No. 73/2018. These are:
- Birth certificate that has been issued within 90 days.
- If applicable, a marriage certificate that has been issued within 90 days.
- Copy of ID.
- Copy of National Civil Identification document (ICN)if applicable.
- If applicable, a copy of Brazilian passport.
- Copy of individual tax identification number (CPF) issued by the Ministry of Economy.
- Copy of voter ID.
- If applicable, a copy of the social identity card.
- Proof of residence.
- Certificates of civil, criminal and criminal enforcement proceedings issued by the competent judicial branches (state and federal), protest certificates and certificates issued by the electoral court of the place of residence for the last five years, all issued within 30 days.
The Supreme Court ruled in 2018, in the case “Direct Action of Unconstitutionality 4275- Federal Supreme Court,” that the government could no longer require medical interventions as a condition to approve gender marker change requests.
Story from Brazil: Antonia Moreira
Governors and leaders should understand that one’s name matters, that language matters, and that accessing the name by which we call ourselves and identify ourselves officially is a human right and basic dignity. And starting from the time people access that type of right, that type of basic dignity, new positive social inclusion changes can occur. So that one’s name is not a small matter. It is not an insignificant thing. It’s only small or insignificant for those who always had access to their name and gender in the way it is attributed to them.
We will continue to exist and we are important.
Chile
- Year: 2018
- Name of the law:
Ley 21120 (Reconoce y da Protección al Derecho a la Identidad de Género).
Law No. 21,120 (Recognizes and Protects the Right to Gender Identity.)
- Are there age restrictions on accessing legal gender recognition?
According to Article 14 of the legislation, persons as young as 14 can change their name and gender in official documents.
However, children from 14 to 18 must obtain consent from their legal guardians and must go through a court procedure rather than an administrative procedure. The court can require the child and their family to present expert testimony, including psychological reports that show that the child and their family environment have received professional support for at least a year and that the child is not making their decision based on the undue influence of a third party. Article 5(e) guarantees children access to the full enjoyment of their fundamental rights under the Convention of the Rights of the Child.
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 recognizes a person’s gender identity that does not coincide with the sex or name assigned and guarantees the right to have that rectified.
Article 4 connects the right to gender identity with other human rights guarantees:
- Recognition and identification according to gender identity and expression of gender in public and private instruments.
- The free development of their person, according to their gender identity and expression.
- Does the law address other human rights?
Yes.
The right to gender identity recognizes certain principles that affirm general human rights, including:
- The principle of non-pathologization - the right of every trans person, not to be treated as sick.
- No arbitrary discrimination.
- Dignity in any kind of treatment.
- How is the gender marker change reflected on legal documents?
Birth certificates and all other legal documents (public or private) can be changed, under Article 9.
- Additional Information:
Chile’s legal gender recognition process is not entirely based on self-determination. Article 11 requires a hearing at the Civil Registry at which applicants are supported by two witnesses who declare that the person is aware of the legal effects of the name and gender change.
Under Article 9, a person may only change their name and gender marker two times.
Colombia
- Year: 2015
- Name of the law:
Decreto 1227 de 2015 (junio 04), por el cual se adiciona una sección al Decreto número 1069 de 2015, Único Reglamentario del Sector Justicia y del Derecho, relacionada con el trámite para corregir el componente sexo en el Registro del Estado Civil.
Ministerial Decree No. 1227/ 2015 (June 4)
- Are there age restrictions on accessing legal gender recognition?
The decree has no provisions addressing children and was initially considered inapplicable to children due to the requirement of a national identity card that is only issued to people over 18. However, the Constitutional Court ruled in 2019 in Ruling T-447/19, that children could access legal gender recognition in accordance with the best interests of the child and called on Congress to pass a gender identity law.
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
The considerations section of the decree references the fact that Colombia recognizes the rights to identity and sexual and gender freedom and that these stem from constitutional rights to human dignity, the right to free development of personality, privacy and equality.
- Does the law address other human rights?
Yes.
The considerations section of the decree refers to constitutional guarantees of human dignity, the right to free development of personality, privacy and equality.
- How is the gender marker change reflected on legal documents?
The gender marker is changed in the civil registry and on the birth certificate.
- Additional Information:
The decree expressly prohibits medical requirements for legal gender recognition.The Constitutional Court of Colombia has also established, in a ruling in 2022 (Ruling T-033/22), that a nonbinary option should be allowed in identity documents.
Story from Colombia: Alma Aguilar Betancurt
We trans people exist whether the governments want us to or not. So the best thing that governments can really do to ensure that all their citizens can live in harmony is to have in place these kinds of procedures that let us trans people enjoy, just like any other citizen, the fundamental rights that we have access to or should have access to just by virtue being human.
We trans people are surviving and will continue to fight for our rights because we’re here, and we have always been here, and we are just asking to be recognized for who we are.
Costa Rica
- Year: 2011 (amended in 2018)
- Name of the law:
Decreto Ejecutivo Nº 41173-MP.
Executive Decree No. 41173-MP.
Directriz Presidencial Nº 015-P.
Presidential Directive No. 015-P.
Article 52 of the Regulations for the Registration of Civil Status (Decree No. 6-2011) (2011), amended in 2018.
- Are there age restrictions on accessing legal gender recognition?
According to Article 52 of the Regulations for the Registration of Civil Status (Decree No. 6-2011) (2011), amended in 2018, any adult person who wants to change their name because it does not correspond with their self-perceived gender identity can file a request before the Civil Registry. It can only be done once.
However, persons under 18 can change their name through the traditional process. For children under 15, their legal representative must file a complaint, the decision on which depends on a judge.
Currently, minors are not allowed to change their gender marker. - Does the law reflect legal gender recognition as a human rights issue?
Yes, it recognizes the “right to sexual and gender identity” (Article 3) and affirms the Inter-American Court of Human Rights’ Advisory Opinion, which declares that legal gender recognition is a right protected by articles 18 (right to a name), 3 (right to recognition of legal personality), 7.1 (right to liberty) and 11.2 (right to private life) of the American Convention on Human Rights (VIII).In May 2016, Costa Rica requested the Inter-American Court of Human Rights for an Advisory Opinion on the recognition of a name change to correspond to gender identity in the American Convention.
In November 2017, the Court issued its response stating that name and gender marker change are rights protected by the Convention and that States had to comply with certain minimum requirements. Advisory Opinion on Gender Identity, Equality, and Non-Discrimination of Same-Sex Couples, (2017), OC-24 / 17.
As a result, in June 2018 the President of Costa Rica signed the Executive Decree No. 41.173 (2018) and the Presidential Instruction 15-P requiring all state institutions to modify documents, registries and procedures for trans people who wish to change their name, photograph or gender markers.
- Does the law address other human rights?
Yes, the decree sets out to fulfill the right to equality and non-discrimination and the right to honor and dignity protected under the Universal Declaration and the American Convention, respectively (II and III). Furthermore, it affirms the “right to real and effective equality of people,” especially “groups that are subject to marginalization and social prejudice” (XI).
- How is the gender marker change reflected on legal documents?
The name, image, sex marker and gender marker can be changed “in all types of documents, records and procedures generated by the Decentralized Public Administration” (Article 1). These include passports, driver’s licenses, prison records, work permits for foreigners and more (Article 10). The directive also instructs state banks (Article 12), public universities (Article 13) and state-owned companies (Article 16) to do the same.
- Additional Information:
Since June 2022, Decree No. 43538 has expanded the gender markers on identity documents issued by Costa Rica to immigrants to include X (nonbinary) or N/I (not indicated).
In May 2018, Decree No. N.° 7-2018 of the Supreme Electoral Court of Costa Rica eliminated gender markers from cédulas or national identity cards for adults (Article 3).
Between 2016 and 2018, a practice of allowing an alias to be added in their IDs was introduced with the label “known as,” however, their deadnames would still appear on the IDs, as these were denoted as “social names,” not official names.
Denmark
- Year: 2014
- Name of the law:
Lov om ændring af lov om Det Centrale Personregister (Tildeling af nyt personnummer til personer, der oplever sig som tilhørende det andet køn).
Act No. 752 of 25/06/2014- Act amending the Act on the Central Personal Register (Allocation of a new social security number to persons who see themselves as belonging to the other gender).
- Are there age restrictions on accessing legal gender recognition?
Over 18 years old. A law proposed by the governing Social Democratic Party in 2022 would eliminate age restrictions but require consent from a legal guardian for children under 15. This is via amendments to the Discrimination Act and the Gender Equality Act. A similar proposal did not advance in Parliament in 2020 due to insufficient support.
- Does the law reflect legal gender recognition as a human rights issue?
No.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
The gender marker is changed in the civil registry. Applicants may also request the allocation of a new social security number by the Ministry of the Economy and the Interior (the last digit of a social security number is typically linked to the sex assigned at birth). Allocation is upon the condition that the application is based on a sense of belonging to the opposite gender.
- Additional Information:
The application process requires a six-month reflection period from the date of application for confirmation of the application in writing.
In addition, the Act does not apply to the Faroe Islands and Greenland, but may, by Royal Decree, be brought into force for Greenland with the changes that the Greenlandic conditions require.
Story from Denmark: Xander Bach
The system [in Denmark] is a bit complicated, and it relies on the idea that you don’t know what is best for you even if you are of legal age and an adult. There is this six-month period based on the idea that you don't know yourself well enough to know what is best for yourself, and that you have not thought it through yourself as an adult. So, it may feel a little uncomfortable, but the process itself, even though it is bureaucratic, is reasonably accessible.
I would like to live an authentic life like everyone else without having to justify my existence.
Ecuador
- Year: 2016
- Name of the law:
Ley Orgánica de Gestión de la Identidad y Datos Civiles.
- Are there age restrictions on accessing legal gender recognition?
Only persons over the age of 18 years are allowed change of “sex” marker, and this can be done only once (Article 94).
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 states that the purpose of the law is to guarantee the right to identity.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
People are allowed to change their birth name and gender identity (instead of sex assigned at birth) on legal documents.
- Additional Information:
Ecuador’s 2016 Organic Law on Identity Management and Civil Data does not fully meet the standard of self-determination. It requires two witnesses to testify as to the gender identity of a person who wishes to change their gender marker.
According to the 2016 law, every citizen in Ecuador is assigned “sex” marker on their documents, but if a trans person changes their official gender, their documents will say “gender” and not “sex” as the rest of the population. A 2022 memorandum from the Directorate of Civil Registries requires civil registries to accept requests for gender marker changes on the basis of self-declaration in order to comply with a Constitutional Court ruling that stems from a 2017 case in which the court urged the National Assembly to regulate the change of “sex” in the identity cards of trans persons and gave it a period of one year to do it.
According to ILGA, “As of August 2022, a Bill to modify the Organic Law for the Management of Identity and Civil Data (2022) is being discussed in the National Assembly. This bill would amend Article 94 of the law to insert a procedure to rectify registry data related to sex. Specifically, the new Article 94.2 would expressly prohibit any medical requirements, including surgeries, hormone therapies or psychological treatments. The proposed bill would also eliminate the current requirement for witnesses. It does not mention the need for witnesses.”
Story from Ecuador: Diane Rodríguez
If my identity document does not say my name, my gender, or my sex, it does not represent me. That document does not represent me. And I am an undocumented woman in my country. It can't be possible that in your own country, you are an undocumented person, a foreigner, a person who is not recognized In that place, and that despite you having all that predisposition, the state does not want to recognize you. Therefore, the identity document for trans people represents this, our existence. It is us who are in that document.
All countries in the world must recognize the change of names, gender, and identity documents if they are called law-abiding countries. If not, they are in a dictatorship where they do not recognize our trans and non-binary identities.
Iceland
- Year: 2019
- Name of the law:
Act on Gender Autonomy No. 80/2019 as amended by Act No. 159/9/2019, No. 152/2020 and No. 154/2020.
- Are there age restrictions on accessing legal gender recognition?
A child over the age of 15 and under the age of 18 may change their official gender with the aid of parents or guardians.
- A request for changing a child’s gender registration shall be submitted to Registers Iceland.
- A child that does not have the support of one or both of its guardians in changing their gender registration may submit a request for a change of registered gender to an expert committee and have the registration changed if the committee accepts the request.
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 guarantees the right of everyone to define their own gender, thus “guaranteeing the recognition of their gender identity” and “the rights of persons to physical integrity.”Article 3 guarantees “the right to define one’s gender,” which includes “the unrestricted right"
- to have one’s gender, gender identity and gender expression recognized,
- to develop one’s personality in keeping with one’s gender identity
- to physical integrity and autonomy concerning changes to sex characteristics.”
- Does the law address other human rights?
Article 8 links legal gender recognition with the right to access healthcare irrespective of sex characteristics, regardless of gender identity.
- How is the gender marker change reflected on legal documents?
The gender marker is changed on all identity documents, employment records, and documents pertaining to education.
- Additional Information:
The law applies to citizens residing within and outside Iceland.
Surgical operations, medications, hormonal treatments or other medical treatments, such as psychiatric or psychological therapy are expressly prohibited as requirements for gender marker change under Article 4.
Under Article 6, public and private bodies that register gender are tasked with providing the possibility of registering gender as neutral in identity documents, forms and databases. In passports, neutral gender registration is denoted with the letter X.
Change in gender registration and name change is only allowed once, unless it is justified by special circumstances.
Story from Iceland: Mars Proppé
What I really would want people to remember and to know is that we are not dangerous. We are not a threat to children or life as we know it. We are just people trying to live our truth in the same way as other people are.
We are not a threat to children or to life as we know it.
Ireland
- Year: 2015
- Name of the law:
The Gender Recognition Act.
- Are there age restrictions on accessing legal gender recognition?
Available for minors over 16 years old following a 2018 review of the Act, in which it was recommended that systems be put in place to address the needs of minors below the age of 16.
For children ages 16-18, the Minister for Social Protection can only grant a gender recognition certificate on the basis of a court order. A “next friend” (an adult who represents a minor), should seek the court order and must submit a certificate from a medical practitioner and an endocrinologist that the child is of sufficient maturity to make the decision. A court order also requires the consent of the child’s parents, surviving parent, or guardian, although in certain circumstances, the court can dispense with this requirement.
- Does the law reflect legal gender recognition as a human rights issue?
The text of the legislation does not reference human rights.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
The recipient of a Gender Recognition Certificate has their gender and name updated on the record associated with their Personal Public Service Number. On this basis, they can also apply for a revised birth certificate.
Under Section 38 of the law, the name and gender marker on passports can also be updated on the basis of a gender recognition certificate. - Additional Information:
An application is made to the Minister for Social Protection, and an appeal can be instituted under section 17 of the Act where one is aggrieved by the decision of the Minister.
Applicants must submit a statutory declaration stating “their settled and solemn intention of living in the preferred gender for the rest of their life.”
The Act adds that “the fact that a gender recognition certificate is issued to a person shall not affect the status of the person as the father or mother of a child born prior to the date of the issue of the certificate.”
Story from Ireland: Oscar Fitzpatrick
One of the main issues that I had before I had legal gender recognition was that I was totally unable to find work. When I got to the interview stage, when I was finally in the room with people, they would realize that something wasn't matching up. And while it was never outwardly said, because that would obviously be illegal under Irish law, that would be discrimination.
If you take away my pieces of paper, I'm still going to be here. I'm still gonna be a transgender person, and I really, truly do love who I am.
Luxembourg
- Year: 2018
- Name of the law:
Loi du 10 août 2018 relative à la modification de la mention du sexe et du ou des prénoms à l’état civil et portant modification du Code civil.
Law of 10 August 2018 relating to the modification of the mention of sex and first name(s) in the civil status and amending the civil Code.
- Are there age restrictions on accessing legal gender recognition?
Minors ages 12 years and up can submit their own applications to the Ministry of Justice. Children from 5 to 12 years old can update their gender markers at their parents’ request. In case of a disagreement between parents, a parent can file a case at the district court, which shall rule in the interests of the child (Aricle 3). Parents must submit a petition at the district court to change the gender marker of a child under age 5and go through a judicial procedure.
- Does the law reflect legal gender recognition as a human rights issue?
No.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
The gender marker is changed in the Civil Registry and on the birth certificate. The applicant must, on their own initiative and as soon as possible, update all public documents issued in Luxembourg, such as their passport, ID card, driving licence, social security card, etc.
- Additional Information:
Conditions for gender change require a demonstration of a sufficient combination of facts that the sex in the civil status doesn’t correspond to the one they present (Article 1).
These may include:
- Public presentation as the claimed gender.
- That they are known as that gender by family, friends, professional, or associational connections.
- That they have changed their first name to conform to their gender.Requiring proof of medical procedures as a condition for legal gender recognition is expressly prohibited under Article 2.
The Law also grants refugees and foreigners the right of gender change upon the condition that they have had a habitual residence and a legal stay in the Grand Duchy of Luxembourg during at least twelve consecutive months and immediately preceding the application.
Story from Luxembourg: Annett Crepsusett
Enhancing general tolerance within nations should be one of the main goals. Tolerance within a nation creates happiness. Happiness creates a willingness to contribute to prosperity, which could make it possible to live as a nation with order and equal rights for everybody.
Well, my [Annett] message is the following lines, written a long time ago by a wise man...
If there be righteousness in the heart, there will be beauty in the character. If there be beauty in the character, there will be harmony in the home. If there be harmony in the home, there will be order in the nations. If there be order in the nations, there will be peace in the world.
Malta
- Year: 2015
- Name of the law:
Identità tal-Ġeneru, l'Espressione tal-Ġeneru u l-Karatteristiċi tasSess l-Att tal-2015 (ATT Nru. XI tal-2015).
Gender Identity, Gender Expression and Sex Characteristics Act No. XI of 2015.
- Are there age restrictions on accessing legal gender recognition?
Children under 18 must apply for legal gender recognition through their legal guardians who can present an application before the Civil Court registry (Voluntary Jurisdiction Section) on behalf of the minor. The Court should “ensure that the best interest of the child as expressed in the Convention on the Rights of the Child is given the highest consideration” and “see that appropriate weight is given to the views of minors having regard to the age and maturity of the minor.” It can then order the Civil Registry director to change the child’s gender marker (Article 7).
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 3 declares that citizens of Malta have the right to the recognition of their gender identity, the free development of their person according to their gender identity and the recognition of that identity, the integrity of the person and physical autonomy.
- Does the law address other human rights?
Yes.
Article 3 (2) declares that parental, marriage, succession and property rights are not to be affected by gender and name change.
The law prohibits acts of verbal aggression/insults to trans persons under Article 11 (1). It mandates the Public Service to work towards eliminating unlawful discrimination and harassment based on SOGIE-SC under Article 13 (2).
- How is the gender marker change reflected on legal documents?
The procedure results in changing the gender marker on a person’s birth certificate. The revised birth certificate can then be used to update all other identity documents.
- Additional Information:
Refugees. The Commissioner will record this in the application for asylum as well as in the protection certificate [Article 4 (8)].
In 2017, Malta also began allowing an “X” option for gender markers on identity documents.
Story from Malta: Alex Caruana
My message to the world would be that we trans people are normal people. We wake up in the morning, have breakfast, and go to work. Some of us have a family, spend time with the family, and go out with our friends. We are normal people, just like anybody else.
If you see me, you wouldn’t know that I am trans, so why would you mistreat me once you get to know that I am trans?
It’s very important for all the countries in the world that they give priority to an extremely vulnerable group so that at least they have equality.
New Zealand
- Year: 2021
- Name of the law:
Registration of Births, Deaths, Marriages and Relationships Act, 2021.
- Are there age restrictions on accessing legal gender recognition?
Available to persons of all ages. Applications of 16- and 17-year-olds must be accompanied by the written consent of their guardian or “a letter of support from a suitably qualified third party that illustrates that the minor understands the consequences of the application and their preference is for the intended sex or gender to appear as their registered sex on any birth certificate.”For children under 16, their guardian must submit the application, which must:
include a statutory declaration by the guardian of the eligible child verifying that the guardian believes that the eligible child identifies as a person of the nominated sex; and be accompanied by a letter of support from a suitably qualified third party that confirms that the third party believes that—(i) the eligible child understands the consequences of the proposed registration of the nominated sex; and
(ii) the eligible child’s preference is for the nominated sex to appear as their registered sex on any birth certificate issued under this Act.
Also available to minors over the age of 16 either by themselves or by their guardians so long as their birth is registered under the Act. If done on their behalf by their guardian, they must have the minor’s consent.
- Does the law reflect legal gender recognition as a human rights issue?
No.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
The law applies specifically to birth certificates. To change the gender marker on your passport or drivers’ license, you may submit an application to the relevant agency, through self-declaration. It is not required to change the gender on one’s birth certificate in order to change the gender marker on other documents.
- Additional Information:
- Originally, Section 28 of the Registration of Births, Deaths, Marriages and Relationships Act (1995) made it possible to apply to the Family Court for a change of gender marker, although it was necessary to provide evidence that the person had undergone irreversible medical intervention.
- The requirements for legal gender recognition were eased in 2021 with the passing of the Births, Deaths, Marriages and Relationships Registration Act (2021), which came into force in June 2023.
- The Registrar-General is mandated by law to register the change of sex or gender so long as all requirements are met. An appeal of the Registrar-General’s decision lies at the Family Court.
- A nonbinary gender marker is also available.An application for registration of sex or gender change must be accompanied by a Statutory Declaration that verifies that the person:
- Understands the consequences of the application.
- Identifies as a person of the nominated sex.
Story from New Zealand: Sally Dellow
In New Zealand, people have been able to change their legal gender to match their identity since 1993. However, the process that was available in 1993 required both what I would call medical and legal gatekeeping. You had to get medical certification that your gender had changed. And you'd sought medical treatment. And then, you had to go through a legal process, apply to the courts, and a judge would evaluate your application and make a decision. But two years ago, there was a law change in New Zealand. And just this year [2023], the process has become available where people can self-determine their gender identity and make an application to have their identity documents, particularly their birth certificate corrected. From the birth certificate, all the other documents flow quite naturally. And that's in our process of self-determination.
Allowing people to live true to themselves will contribute much more to society and the culture.
Norway
- Year: 2016
- Name of the law:
Lov om endring av juridisk kjønn, No. 2016-06-17-46.
(Law on Change of Legal Gender).
- Are there age restrictions on accessing legal gender recognition?
Children from the age of 6 years.Children 16 and over can apply following the same procedure as adults. Those between 6 and 16 years old apply for change legal status along with the person/(s) who have parental responsibility for the child.
- If parents have joint custody but the application is submitted together with only one of them, the child’s legal gender can still be changed if it is in the best interests of the child.Children who are capable of forming their own views have to be informed and given an opportunity to respond before the application is submitted.
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 2 refers to persons’ “right to have their legal gender changed.”
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
Gender markers are changed in public registers, passports, and all other documents where legal gender appears. The Norwegian identification number, which reflects the legal gender, also needs to be changed.
- Additional Information:
Change of gender was in place since the 1970s, but had previously required gender-affirming surgery.The current procedure requires filling out an electronic form available online or writing to The Norwegian Tax Administration (National Population Register).
Portugal
- Year: 2018
- Name of the law:
Lei n.º 38/2018 de 7 de agosto Direito à autodeterminação da identidade de género e expressão de género e à proteção das características sexuais de cada pessoa.
Law No. 38/2018 (Right to Self-determination of Gender Identity and Gender Expression and the Protection of the Sexual Characteristics of Each Person).
- Are there age restrictions on accessing legal gender recognition?
Minors aged 16-18 can apply for gender and name change under certain conditions through their legal representatives. The Civil Registry must confirm their express wish for change and requires a doctor’s or psychologist’s report indicating their decision is freely made on an informed basis (Article 7).
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 recalls that “All people are free and equal in dignity and rights” and prohibits any discrimination based on “the exercise of the right to gender identity and gender expression and the right to protection of sexual characteristics.”Article 3 further proclaims that “The exercise of the right to self-determination of a person's gender identity and gender expression is ensured, namely, through the free development of the respective personality in accordance with their identity and gender expression.”
- Does the law address other human rights?
Yes.
Article 2 requires that public entities “ensure compliance and promote, within the scope of their competences, the necessary conditions for the effective exercise of the right to self-determination of gender identity and gender expression and the right to protection of the sexual characteristics of each person.”
- How is the gender marker change reflected on legal documents?
The law results in a name change in the Civil Registry, and the person requesting the change “must initiate the necessary changes to update their identification documents within a maximum period of 30 days from the registration” (Article 10).
- Additional Information:
An application is made at the Civil Registry Office indicating the person’s civil identification and the name and gender by which the person intends to be identified. Article 9 expressly prohibits requiring medical procedures as a condition of legal gender recognition.The law also addresses the bodily autonomy of intersex minors, who are specifically protected from invasive surgical procedures, except in situations of proven risk to their health (Article 5).
Story from Portugal: Andreo Gustavo
If I had to give a message to the world about these trans issues, I would say that in order to let trans people simply be, in order to let trans people live, in the end, what matters is that no harm is due to the world if the gender of trans people is legally recognized. If its diversity and identities are legally recognized. So I think the world has to start looking at trans people with more peace and love in their hearts and understand that all trans people simply want to live their lives in peace.
If society continues to marginalize, continues to stigmatize and discriminate against these people, it will only contribute to the increase in poverty, the increase in hunger, the increase in unemployment, and the increase in social and economic injustice.
Spain
- Year: 2007 law, amended in 2023
- Name of the law:
Ley 4/2023, de 28 de febrero, para la igualdad real y efectiva de las personas trans y para la garantía de los derechos de las personas LGTBI.
Law 4/2023, of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people.
- Are there age restrictions on accessing legal gender recognition?
Anyone over the age of 16 may apply for legal gender recognition on their own. Children under 16 and over 14 will also be able to apply on their own, provided that they are assisted in the procedure by their legal representatives. Children older than 12 but younger than 14 must have their applications authorized by a judge (Article 43).In addition, transgender minors are guaranteed “the right to obtain the registration of the name change for reasons of sexual identity” whether or not they have already applied for legal gender recognition (Article 48).
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
The preamble mentions that “the right to change the registration of the mention of sex is based on the principle of free development of personality (Article 10.1 of the Constitution) and also constitutes a projection of the fundamental right to personal privacy enshrined in Article 18.1 of the Constitution.”
- Does the law address other human rights?
As a whole, the law aims to guarantee “the right to real and effective equality of trans people.” It affirms the right to equal treatment and non-discrimination on the basis of sexual orientation, sexual identity, gender expression and sexual characteristics. Language of Law 4/2023 links to Article 10 of the Spanish Constitution with legal guarantees of human dignity, inviolable and inherent rights, as well.
- How is the gender marker change reflected on legal documents?
The name and gender marker are changed on the civil registry and other identity documents such as national identity cards and passports.The Law provides for the possibility to obtain sex and name rectification without any kind of medical advice, solely relying on a voluntary act (Article 44), consistent with the Yogyakarta Principles.
- Additional Information:
While the law does not provide for the recognition of nonbinary gender markers at the national level, some autonomous regions in Spain already have laws or policies offering the option of nonbinary gender markers for registration purposes within their jurisdiction.
Switzerland
- Year: 2020 amendment, in effect as of 2022
- Name of the law:
Amendment to the Swiss Civil Code (2020).
Amendment to the Civil Status Ordinance (2020).
- Are there age restrictions on accessing legal gender recognition?
Children under 16 years of age may apply for legal gender recognition with the consent of their legal guardian.
- Does the law reflect legal gender recognition as a human rights issue?
No.
- Does the law address other human rights?
No.
- How is the gender marker change reflected on legal documents?
People are allowed to change their name and gender marker on the civil registry. They must request all new identity documents by themselves. These include their passport and identity card, residence permit, driver's license, traffic permit and other documents related to education, employment and healthcare.
- Additional Information:
Switzerland does not offer nonbinary gender markers, but in 2018 the National Council voted in favor of an "X" sex descriptor on identity documents for intersex persons.In December 2022, responding to two proposals from parliament, the Federal Council announced that Switzerland "was not ready" for the introduction of nonbinary markers, and such options would require too many changes to the country's constitution and to laws both at national and cantonal levels.
Story from Switzerland: Sam Gaegeeler
Because nobody gets hurt, because nobody has to suffer, if all people have the same rights, and in this respect, we should see to it that the various countries adopt those laws.
I can feel at ease, I can feel free and be happy in the body that is mine.
Uruguay
- Year: 2009
- Name of the law:
Ley N° 19684 Aprobacion de la Ley Integral Para Personas Trans;
Decreto N° 104/019 Reglamentacion de la Ley 19.684, Ley Integral Para Personas Trans.
Law 19.684, Comprehensive Law for Trans Persons; Law 19.684, Comprehensive Law for Trans Persons; Implementing Regulations on Law 19.684, Comprehensive Law for Trans Persons.
- Are there age restrictions on accessing legal gender recognition?
Available to minors with the consent of their legal representatives or parents. Minors who do not or cannot obtain the consent of their legal representatives may resort to a judicial process where the best interests of the child shall prevail. In addition to the above, children under 13 years of age must demonstrate “the existence of a process accompanied by suitable professionals.”
- Does the law reflect legal gender recognition as a human rights issue?
Yes.
Article 1 confers the right to gender identity to everyone and the right to free development of their personality according to their own gender identity. It further expounds that the right to gender identity includes the right to be identified in a way that fully recognizes the consonance between a person’s identity and the name and sex indicated in the identification documents.
- Does the law address other human rights?
Yes.
The implementing regulations demand the inclusion of trans people throughout their educational life and establish obligations for educational institutions and organizations under articles 15, 16.
Article 18 affirms the right to culture. It prohibits all forms of discrimination against trans persons that impair the full enjoyment of their cultural rights.
Article 19 affirms the right to health and access to health services for trans persons and prohibits any form of discrimination that impairs that right.
Other rights covered by the law include the right to comprehensive care to adapt their bodies to their gender identities, equality and freedom from discrimination, respect for confidentiality and the right to information.
- How is the gender marker change reflected on legal documents?
Yes.
Article 1 refers to identification, travel and all other documents.
- Additional Information:
A form must be completed via e-mail or delivered in person to the General Directorate of Civil Status Registry. It must be specified if the change is of name and sex, only name or only sex.Article 3 expressly prohibits any type of surgery as a requirement for granting registration, regardless of the fact that applicants may have undergone any medical procedures.
The implementing regulations create a reparatory regime for certain trans people who were born on or before Dec. 31, 1975, who can adduce evidence that, for reasons related to their gender identity, they were victims of institutional violence or any form of harm to their person, and were impeded from the enjoyment of their full human rights and fundamental freedoms by State agents/agencies.
In partnership with
