Legal recognition of non-binary gender

16 countries and territories legally recognize non-binary or third gender identities.

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  • Recognized
  • Not legally recognized
  • Intersex only
  • Unknown, N/A, or ambiguous

Recent Changes

  • Dec 22 2022Became Intersex only in Spain
  • Nov 3 2022Became Recognized in Hidalgo
  • Oct 14 2022Became Recognized in Chile
  • Jul 1 2022Became Intersex only in Kenya
  • Jun 26 2022Became Recognized in Vermont
  • Jun 17 2022Became Recognized in Quebec
  • May 12 2022Became Recognized in Bahia
  • Apr 29 2022Became Recognized in Rio Grande do Sul

Legal recognition of non-binary gender

Most countries around the world only legally recognize male and female on official documents such as passports, licenses, birth certificates, and other official identification documents. However, in recent years, some countries, provinces, and states have begun offering the ability for non-binary and intersex individuals to request a change to official documents.

Usually, official documents will be marked with an "X" gender marker (rather than "M" or "F" for male or female).

Summary

16
Recognized
16 regions (7%)
Recognized
5
Some recognition
5 regions (2%)
Some recognition
103
Not recognized
103 regions (44%)
Not recognized
108
No data, no laws, N/A, or ambiguous
108 regions (47%)
No data, no laws, N/A, or ambiguous
Europe
6%
LEGAL EQUALITY
Recognized
3 regions (6%)
Some recognition
3 regions (6%)
Not recognized
42 regions (81%)
No data, no laws, N/A, or ambiguous
4 regions (8%)
Oceania
8%
LEGAL EQUALITY
Recognized
2 regions (8%)
Some recognition
regions (0%)
Not recognized
2 regions (8%)
No data, no laws, N/A, or ambiguous
20 regions (83%)
South America
29%
LEGAL EQUALITY
Recognized
4 regions (29%)
Some recognition
1 regions (7%)
Not recognized
9 regions (64%)
No data, no laws, N/A, or ambiguous
regions (0%)
North America
3%
LEGAL EQUALITY
Recognized
1 regions (3%)
Some recognition
regions (0%)
Not recognized
22 regions (61%)
No data, no laws, N/A, or ambiguous
13 regions (36%)
Africa
2%
LEGAL EQUALITY
Recognized
1 regions (2%)
Some recognition
1 regions (2%)
Not recognized
7 regions (12%)
No data, no laws, N/A, or ambiguous
50 regions (85%)
Asia
9%
LEGAL EQUALITY
Recognized
4 regions (9%)
Some recognition
regions (0%)
Not recognized
21 regions (46%)
No data, no laws, N/A, or ambiguous
21 regions (46%)

Progress over time

Number of countries with equality for legal recognition of non-binary gender over the past 60 years.

Recent changes

Legal recognition of non-binary gender by country

(and dependent territories)

Recognized

Legal recognition of non-binary gender is recognized in 16 regions.

  1. Asia (4)
  2. Bangladesh 2013
  3. India 2014
  4. Nepal 2013
  5. Pakistan 2018
  6. Europe (3)
  7. Iceland 2019
  8. Malta 2017
  9. Netherlands 2018
  10. North America (1)
  11. Canada 2017
  12. Africa (1)
  13. South Africa 2021
  14. South America (4)
  15. Argentina 2021
  16. Chile 2022
  17. Colombia 2022
  18. Uruguay
  19. Antarctica (1)
  20. Antarctica

Intersex only

Legal recognition of non-binary gender is intersex only in 5 regions.

  1. Europe (3)
  2. Austria 2018
  3. Germany 2019
  4. Spain 2022
  5. Africa (1)
  6. Kenya 2022
  7. South America (1)
  8. Brazil 2021

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