Germany Allows Men and Women to 'Decide Their Own' Gender... 'No Gender' Option Also Possible

Possible to report without court permission for those aged 14 and over
Third in Europe after Spain and Scotland

A law allowing individuals aged 14 and older in Germany to change their gender without court approval has been enacted.

On the 12th (local time), the German Bundestag passed the Gender Registration Self-Determination Act bill, which makes it easier to change gender and name, with 374 votes in favor, 251 against, and 11 abstentions.

Accordingly, starting this November, German citizens aged 14 and older can decide and change their gender without undergoing a court approval process. It is possible to choose a gender that is neither male nor female or to refuse to select a gender. One can change their gender by simply registering one of the options?male, female, diverse, or unspecified?at the registry office.

However, when changing gender, a notification must be given to the registry office three months in advance, and the actual gender change will take effect one year after the application. This is to prevent hasty decisions. Those under 14 can also apply for a gender change, but the consent of a legal guardian is required. Name changes are possible through the same procedure.

Participants are marching at the Munich Pride Parade, the largest queer festival in Germany. [Image source=Yonhap News]

In Europe, last year Spain and Scotland allowed gender changes by registration alone without medical or biological opinions.

With the enforcement of the new law, the existing Transsexual Law enacted in 1980 will be abolished. Under the previous Transsexual Law, official changes to name and gender were only possible after two psychiatric evaluations and a court ruling. This process took considerable time and cost, and there were criticisms that it infringed on personal privacy. The Federal Constitutional Court had already ruled that the law violated the Basic Law (Constitution).

Before the vote, Nieke Slavik, a member of the Green Party who changed her gender under the current law, appealed, saying, "We have continued to experience having to negotiate with dignity as transgender people."

Also, a bill to amend the Name Act to allow couples to use their surnames together before marriage passed the German parliament on the same day. Once the amended law is enforced, not only couples but also their children can legally use both surnames. In the case of divorce, both the couple and children can choose to use only one surname again. The existing law required couples to use only one surname after marriage.