Current Version
| Region | Germany |
| Issue | Right to change legal gender |
| Status | Legal, surgery not required |
| Start Date | Jan 28, 2011 |
| End Date | now |
| Description | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization dgti issues a supplemental ID document which contains self-chosen first names, pronouns and genders. It is known and accepted by all German ministries of the interior, the police, and many authorities. With it, one can change their name in, among others, banks, universities and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. |
| Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ |
Revision History (7)
Revision by Samanthos. Reference to supplemental ID
| Old Value | New Value (Current) | |
|---|---|---|
| Note | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. The non-governmental organization dgti issues a supplemental ID document which contains self-chosen first names, pronouns and genders. It is known and accepted by all German ministries of the interior, the police, and many authorities. With it, one can change their name in, among others, banks, universities and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. |
Revision by Samanthos. Elaborated on the assessment procedure, source added
| Old Value | New Value | |
|---|---|---|
| Note | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. |
| Sources | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html https://www.lto.de/recht/hintergruende/h/selbstbestimmungsgesetz-transsexuellengesetz-trans-frauen-agg-sauna/ |
Revision by Samanthos. source added, reference to court decision included in description
| Old Value | New Value | |
|---|---|---|
| Note | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found in the decision BvR 3295/07 that the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
| Sources | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html | https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2011/01/rs20110111_1bvr329507en.html http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html |
Revision by Samanthos. Reformulated for more neutrality, added source
| Old Value | New Value | |
|---|---|---|
| Note | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are considered to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are often reported to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
| Sources | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ | http://tgeu.org/german-constitutional-court-declares-compulsory-surgeries-unconstitutional/ https://www.fr.de/meinung/kolumnen/trans-transsexuell-transidentitaet-transsexuellengesetz-gutachten-politik-berlin-90245330.html |
Revision by Samanthos
| Old Value | New Value | |
|---|---|---|
| Note | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are considered to be dehumanizing and unnecessary and are generally paid for privately, as well as a court order are required. |
Revision by Samanthos
| Old Value | New Value | |
|---|---|---|
| Note | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid privately, as well as a court order are required. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid for privately, as well as a court order are required. |
Revision by Samanthos
| Old Value (Original) | New Value | |
|---|---|---|
| Note | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. | The German Constitutional Court found the provision that required surgery to change one's legal gender unconstitutional. In order to change the first names and gender entry, two psychological evaluations, which are generally paid privately, as well as a court order are required. |
Reports (4)
- Status is not correct "Although legal, it requires an expensive psychological evaluation that must be paid out of pocket"
- Status is not correct "Surgery is still required to change documents, and access to surgery is controlled by independent psychological and medical evaluators."
- Status is not correct "Legal, no surgery required"
- Other "PRocess of legally changing gender consists of pathologization, incuding the need to deliver up to 2 or even more statements from psychatrists.
Since no one is found guilty of wrongdoing by assigning the gender, trans* persons have to legally challenge their gender assignment in court.
This results in themselves being sentenced to pay the court fees afterwards, typically exceeding € 3.000 - depending on the judges decision."