The court of first instance of Monaco authorized for the first time one of its nationals to modify his gender in the civil status, in a decision rendered on July 4 and consulted Thursday by AFP.
The justice ordered that the birth certificate of this person be rectified by replacing the mention "
female sex
" by that of "
male sex
", and that her original first name be replaced by another that she chose for herself. .
The decision may be appealed by the public prosecutor's office.
"
We seized the Monegasque jurisdiction on the basis of the case law of the European Court of Human Rights to request the change of civil status of this transsexual person
", explains Me Patrice Spinosi, one of the lawyers of the applicant, with Me Thomas Giacardi.
A “happy decision”
While France and most European countries have implemented legislation allowing a transsexual to change marital status, the Principality of Monaco has no provision of this nature.
"
This demonstrates the will of local justice to apply European case law even though no Monegasque regulations allow a change in the civil status of a transsexual person
", notes Me Spinosi.
“
It is a happy decision, all the more remarkable in a traditionally conservative country where Catholicism is the state religion
”, also notes the lawyer.
The request had been made by a person born a woman in 2000 in Monaco but who, according to the information provided to the court, had realized from the age of 4 that he was male and had been accepted as such in his family circle.
The testimonies of his entourage corroborated the fact that today he was publicly recognized as having a masculine identity.
Read alsoThe PMA for transgender men in question before the "Sages"
Since 2020, a process of physical transformation had been initiated.
Also having French nationality, his civil status had already been able to be modified with the French courts.
Monegasque justice had never been seized of a similar request with the exception, in 2017, of a request from the parents of a young child but which then only concerned a change of first name, and not gender.
The judge had then accepted the replacement of the original male first name by a first name of neutral use.
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