On July 19, 2024, a new Self-Identification Act (Self-ID Act) (Gesetz über die Selbstbestimmung in Bezug auf den Geschlechtereintrag, SBGG) was published in the German Federal Law Gazette (Bundesgesetzblatt). The law makes it easier for transgender, intersex, and nonbinary individuals to change their gender entry and first name at the civil registry without any bureaucratic hurdles.
The law also amends several other laws, such as the Passport Act (Passgesetz, PassG) and the Personal Status Act (Personenstandsgesetz, PStG) to align their provisions with the Self-ID Act. The SBGG will enter into force November 11, 2024.
Repeal of Transsexual Act
The Self-ID Act replaces the Transsexual Act (Transsexuellengesetz, TSG). The Transsexual Act, enacted in 1980, established the procedure and requirements for changing one’s first name and gender entry. However, only changes between male and female were permitted. (TSG, § 8, para. 1.) To change the gender entry in the civil status register, it was necessary to present two expert assessments that evaluated whether the applicant’s sense of belonging was highly unlikely to change in the future. (§ 4, para. 3.)
The Self-ID Act permits changing between female, male, diverse, and no gender entry. (SBGG, § 2, para. 1; PStG, § 22, para. 3.) It clarifies that the assignment of gender entry is no longer dependent on the assessment of experts or other third parties. (SBGG, § 1, para. 1, no. 1.)
Procedure for Changing Gender Entry and First Name
The Self-ID Act primarily concerns the procedure by which persons whose gender entry does not correspond to their gender identity may change their gender entry and their first names. (Explanatory Memorandum, at. 1.) The act does not contain any regulations on gender reassignment surgery. (SBGG, § 1, para. 2.)
In order to change the gender and first name in the civil status register, applicants must submit a so-called “declaration with self-assurance” to the registry office. (§ 2, para. 1.) They must affirm that their requested change best corresponds to their gender identity and that they are aware of the consequences of the declaration. (§ 2, para. 2.) The change becomes effective three months after the declaration. (§ 4, sentence 1.)
According to section 3 of the Self-ID Act, minors may also change their gender entry and first name. Minors 14 years or older need the consent of their legal representative. (§ 3, para. 1, sentence 1.) If the legal representative does not consent, the family court may substitute the consent if the change of gender and first name is not contrary to the best interests of the child. (§ 3, para. 1, sentence 2.) In the case of a minor younger than 14, only the legal representative is permitted to make the declaration for the minor to change the gender entry and the first name. If the child is five or older, the child’s consent is required. (§ 3, para. 2.)
After a change of gender and name, the current entry and first name are decisive in legal transactions. (§ 6, para. 1.)
Blocking Period for Renewed Change
To ensure that applicants are fully aware of the implications of their declaration, section 5 of the SBGG states that they are bound by their declaration for a minimum period of one year, meaning a new change of gender entry and name may only be made after one year has expired. (Explanatory Memorandum, at 40; SBGG, § 5, para. 1.)
Domiciliary Rights and Access to Protected Premises
With regard to access to facilities and participation in events, freedom of contract and the domiciliary rights of the respective owner or proprietor remain unaffected. (§ 6, para. 2.) This means that in certain cases, such as access to gender-specific toilets, changing rooms, saunas, or sports clubs, the registered gender is not the determining factor. Instead, domiciliary rights and other criteria, such as the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG), must be taken into account. (Explanatory Memorandum, at 41-43.)
For example, following a change of gender entry in the civil status register, individuals cannot demand access to gender-specific toilets on the basis of this entry. The proprietor of the facility retains the right to determine who may utilize the toilets based on their domiciliary rights. A different treatment of two individuals who are registered in the civil status register as members of the same gender may be justified in accordance with the General Act on Equal Treatment to protect the privacy or personal safety of other individuals. (Explanatory Memorandum, at 42.)
Parent-Child Relationship
Changing the gender entry does not affect an existing parent-child relationship. Regarding future relationships, the gender entry at the time of a child’s birth is decisive for the recognition of the father. (SBGG, § 11, para. 1.) This means, for example, that only those who are registered as “male” at the time of a child’s birth will be recognized as the father of the child. However, a parent may submit a declaration to the registry office indicating that their prior gender entry should be considered decisive. (§ 11, para. 1, sentence 2.)
In the case of adoption, the existing legal relationship between a person and their adopted child remains unaffected by the change of gender entry. (§ 11, para. 2, sentence 1.) The change of gender entry prior to adoption is decisive for the relationship. (§ 11, para. 2, sentence 2.)
Prohibition of Disclosure
According to section 13 of the SBGG, the previous gender entry and name may not be disclosed or investigated. This rule is designed to protect the individual from having their previous name and registered gender revealed to others or from being traced. (Explanatory Memorandum, at 54.) Exceptions are possible in certain cases, such as when special reasons of public interest require disclosure. (§ 13, para. 1, sentence 2, no. 2.) Those who engage in intentional violations may be subject to a fine of up to 10,000 euros (about US$10,780). (§ 14, para. 2.)
Prepared by Eva Dauke, Law Library Intern, under the supervision of Jenny Gesley, Foreign Law Specialist
Law Library of Congress, July 10, 2024
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