From 1 November 2013, parents in Germany will now have the option of leaving the child’s gender blank on its birth certificate if the child is intersex, ie if the child possesses physical characteristics which mean it is not clearly either male or female at birth. At present, parents of intersex children are obliged to record the child’s gender as either male or female.
The reform is the result of a decision by Germany's constitutional court which held that if a person “deeply feels” that they belong to one gender or the other they have a right to legal recognition of their identity. Individuals will have the option of identifying themselves as either male or female later in life, or of leaving their gender “indeterminate”.
The development will require comprehensive reform of state documents. At present passports must state the gender of the individual. Recognition of a third gender will also require reform of marriage laws which at present can only take place between a man and a woman. Same sex couples can avail of a civil partnership. There is no provision at present for intersex individuals.
Click here to read a European Commission report with more information about intersex people and discrimination issues that they face.
Germany is the first European country to recognise intersex people. Australia became the first country in the world to do so in 2011 when it introduced the option of recording one’s gender as ‘X’ on passports. In July 2013 Australia introduced legislation prohibiting discrimination against intersex people in the same way that characteristics such as race and sexual orientation are protected.
Though welcoming the development in Germany, ILGA Europe's Policy Director Silvan Agius expressed concern that many intersex children will continue to be subject to medically unnecessary surgeries to make their genitalia conform to either the male or female sex. Writing in Spiegel Online he said, “While there may be some limited benefits from the new German law, real progress for intersex people is not measured through the number of available labels but through an end to the human rights breaches currently being inflicted. Surgical or hormonal treatment for cosmetic, non-medically necessary reasons must be deferred to an age when intersex people are able to provide their own free, prior and fully informed consent.”
Click here to read an article in Spiegel Online.