On 12 April, the Bundestag, the German Parliament, passed the Act on Self-Determination with Regard to Gender Entry (the “Self-Determination Act”), which enables transgender, intersex, and non-binary citizens to modify their gender entry on their legal documentation more easily. Passing with a vote of 374 in favour to 251 against with 11 in abstention, individuals will now need notify registry offices three months in advance of making a gender entry change but will not have to meet any other formalities.
Under the Self-Determination Act, minors aged 14 years old or above can apply for self-determination with consent from their legal guardians, and minors below 14 can have applications filed by their legal guardians, who must have received suitable advice while making it. Alternatively, the family courts may also issue consent where it is of the belief that the application is in the best interests of the minor.
Previous legislation covering the change of gender on legal documentation in Germany dates to the Transsexual Act 1980 (the “1980 Act”), which had more stringent requirements. The 1980 Act required that to be legally deemed as the opposite sex, there must be permanent incapability to reproduce, and the person must have received surgery to change their external sexual features. A further requirement under the 1980 Act was for transgender persons to present reports from two experts to their local courts, reporting on the high degree of probability that the person will not want to change back to their previous gender. The German Federal Ministry of Family Affairs, Senior Citizens, Women and Youth released a report in 2017 that found that the procedure under the 1980 Act was costly, time-consuming, and required personal details of questionable materiality, relating to childhood and sexual history.
The German Government promised that the Self-Determination Act would not affect or regulate other civil rights that are associated with gender, such as gender specific medical treatment, and stated that sports associations still have autonomy in deciding who may compete in competitions. The Self-Determination Act will become effective in November, with the approval in the Bundestag being the ultimate step.
There is a general move to address onerous requirements across different countries, including Ireland, Uruguay, and Luxembourg. Ireland passed the Gender Recognition Act in 2015, which allows persons over 18 years of age to self-determine their gender on legal documentation, but the process for young people aged 16/17 is more onerous.
In a post on the social media platform X, Chancellor Olaf Scholz wrote that the act demonstrated “respect for trans, intersex and non-binary people – without taking anything away from others.”
To access the German Government’s webpage on the Self-Determination Act, click here BMFSFJ - Act on Self-Determination with Regard to Gender Entry (SBGG)