Change of gender by declaration at the registry office

Created: 06/30/2022, 11:37 am

According to a traffic light concept paper, every person in Germany should be able to determine their gender and first name themselves in the future and change it in a simple procedure at the registry office.

© Paul Zinken/dpa-Zentralbild/dpa

The transsexual law is now more than 40 years old and is perceived by many people as outdated and discriminatory.

A new regulation should replace it.

Berlin - Every person in Germany should be able to determine their gender and first name themselves in the future and change it in a simple procedure at the registry office.

This is what a concept for a new self-determination law presented by the Federal Ministries of Justice and Family in Berlin on Thursday envisages.

It is intended to replace the transsexual law, which many people find outdated and discriminatory.

If the new regulation is implemented as planned, it will no longer matter whether the person is transgender, non-binary or intergender when it comes to entering gender and first names.

Reports on sexual identity or a medical certificate should not be required as a prerequisite for a change.

Interhumans are people whose physical gender does not fit the medical norm of male or female bodies, but falls somewhere in between.

Non-binary refers to people who have neither a male nor a female gender identity.

Trans people do not identify with the gender assigned to them at birth.

From 14 years declaration with parental consent

For minors up to the age of 14, the legal guardians should submit the declaration of change to the registry office.

Young people from the age of 14 should be able to submit the declaration themselves, but with the consent of their parents.

The key points paper formulated by the two ministries states the following with regard to possible contentious cases for the group of minors from the age of 14: “In order to protect the personal rights of young people, the family court can provide guidance in cases in which the persons having custody do not agree in the best interests of the child - as in other constellations in family law - replace the decision of the parents at the request of the minor."

Federal Justice Minister Marco Buschmann (FDP) and Family Minister Lisa Paus (Greens) expressly pointed out that their planned law would not contain any provisions on the question of any physical gender reassignment measures.

Such measures would continue to be decided on the basis of specialist medical regulations.

"The transsexual law dates back to 1980 and is degrading for those affected," said Paus.

Buschmann said: “The applicable law treats the people concerned as if they were sick.

There is no justification for that.” dpa