Entry #5118: Right to change legal gender in Austria

Current Version

RegionAustria
IssueRight to change legal gender
StatusLegal, but requires medical diagnosis
Start DateApr 24, 2009
End Datenow
DescriptionUnder Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made. In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA)
Sourceshttps://database.ilga.org/austria-lgbti https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf


Revision History (1)

Revision by Nathan. Status correction

Old Value (Original) New Value (Current)
ValueLegal, no restrictionsLegal, but requires medical diagnosis
Start DateFeb 27, 2009Apr 24, 2009
Note Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made.
In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA)
Show Difference
Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made. In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA)
Sourceshttps://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html
http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf
https://database.ilga.org/austria-lgbti
https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html
http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf
Show Difference
https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf https://database.ilga.org/austria-lgbti https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf

danlev created this entry.