Entry #21: Right to change legal gender in Russia

Current Version

RegionRussia
IssueRight to change legal gender
StatusLegal, but requires surgery
Start DateNov 15, 1997
End DateJan 19, 2018
DescriptionFederal Law No. 143-FZ "On Acts of Civil Status" entered into force. Article 70 of this law allowed for the rectification of civil status records based on a "document of an established form" issued by a medical organization confirming a gender change. However, the Ministry of Health failed to approve this specific form for over two decades, creating a procedural vacuum where ZAGS offices automatically rejected applications due to the lack of the correct document. This forced applicants to appeal to the courts, which decided cases individually, typically requiring proof of irreversible surgical intervention to order the registry to amend the documents.
Sourceshttps://www.globalequality.org/component/content/article/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia
Federal LawYes


Revision History (5)

edited by EqLawyer. supplementary information

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0
Old Value New Value (Current)
End DateJul 23, 2023Jan 19, 2018
DescriptionIn 1997, transgender individuals were granted the ability to change their gender on identification documents after providing a certificate from a health institution confirming the required diagnosis and surgical procedures.Federal Law No. 143-FZ "On Acts of Civil Status" entered into force. Article 70 of this law allowed for the rectification of civil status records based on a "document of an established form" issued by a medical organization confirming a gender change. However, the Ministry of Health failed to approve this specific form for over two decades, creating a procedural vacuum where ZAGS offices automatically rejected applications due to the lack of the correct document. This forced applicants to appeal to the courts, which decided cases individually, typically requiring proof of irreversible surgical intervention to order the registry to amend the documents.
Show Difference
In 1997, transgender individuals were granted the ability to change their gender on identification documents after providing a certificate from a health institution confirming the required diagnosis and surgical procedures. Federal Law No. 143-FZ "On Acts of Civil Status" entered into force. Article 70 of this law allowed for the rectification of civil status records based on a "document of an established form" issued by a medical organization confirming a gender change. However, the Ministry of Health failed to approve this specific form for over two decades, creating a procedural vacuum where ZAGS offices automatically rejected applications due to the lack of the correct document. This forced applicants to appeal to the courts, which decided cases individually, typically requiring proof of irreversible surgical intervention to order the registry to amend the documents.

edited by UnknownMiles. Rewriting description, links, date

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End DateJul 24, 2023Jul 23, 2023
DescriptionTransgender people are able to change their gender on identification documents after being issued a document from a health institution confirming the surgical requirements.In 1997, transgender individuals were granted the ability to change their gender on identification documents after providing a certificate from a health institution confirming the required diagnosis and surgical procedures.
Show Difference
Transgender people are able to change their gender on identification documents after being issued a document from a health institution confirming the surgical requirements. In 1997, transgender individuals were granted the ability to change their gender on identification documents after providing a certificate from a health institution confirming the required diagnosis and surgical procedures.
Sourceshttp://www.globalequality.org/newsroom/latest-news/1-in-the-news/186-the-facts-on-lgbt-rights-in-russiahttps://www.globalequality.org/component/content/article/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia
Show Difference
http://www.globalequality.org/newsroom/latest-news/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia https://www.globalequality.org/component/content/article/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia
Reports (1)
  • Date is incorrect "The federal law ?317 dated 25.11.13 contained the following: 7) ????? ????????? ?????? 70 ???????? ? ????????? ????????: "??????????? ???????? ?? ????????? ????, ???????? ??????????? ???????????? ?? ????? ? ? ???????, ??????? ??????????? ??????????? ??????? ?????????????? ??????, ?????????????? ??????? ?? ????????? ? ?????????? ??????????????? ???????? ? ??????????-????????? ????????????? ? ????? ???????????????.". https://www.consultant.ru/document/cons_doc_LAW_154744/ecad53d18192826d26cae3000ff90fa3e01b769b/#dst100417 Which roughly translates as: paragraph 4 of the article 70* now states as: the document regarding "sex change" which was provided by the medical organization according to the rules established by Ministry of Healthcare** *determining the legal basis for changing the legal data **the literal translation is "federal organ of executive authority exercising functions of development and implementation of the state policy and normative-legal regulation in the sphere of health". This amended the existing law ?143 regulating acts of civil status, but the "rules" by the Ministry of Healthcare weren't established yet, creating a legal mess, because the old rules stopped working, but the new ones weren't developed yet. Some people with SRS couldn't stil get ahead without a court decision, some could get it easily even without. It depended on the location and people working on applications, not some common law. The new rules were developed and effective from 02.02.18. Which only required a diagnosis from ICD-10 F64.0, and were effective till 24.06.23, by the reasons I have no objections with. https://transgenderfeed.com/2018/01/28/russia-made-legal-gender-recognition-easier-transgender-people/ So, now we're done with proofs, next the submission text: Nov 15, 1997 - Nov 25, 2013: Legal, but requires surgery (leave as is) Nov 25, 2013 - Feb, 02, 2018: Legal, but requires surgery In 2013, the Federal Law ?317 was passed. Among others, it added that, in order to change legal gender, the "sex change" certificate of the state sample should be provided and requirements to receive it should be established by the Ministry of Healthcare. No official "sex change" certificate sample wasn't established during those years, leading to a situation when any application to change the legal gender could be rejected on basis that there's no established certificate sample, which would lead to prolonged legal battles. Feb, 02, 2018 - Jul 24, 2023 In 2018 the Ministry of Health established the official "sex change" certificate sample and rules regarding it. The medical commission that diagnosed a person with Transsexualism (F64.0 ICD-10) was allowed to issue a "sex change" certificate on the base of the diagnosis only. No surgery requirement was established. Since Jul 24, 2023 (leave as is)"

edited by BlkPride. Filling the 5 year gap.

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End Date2018Jul 24, 2023
Federal LawNoYes

edited by Hearts4Al

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Old Value (Original) New Value
End Date(none)2018
Reports (2)
  • Status is not correct "It's still legal (after the special commissions) and doesn't require surgery. But there is still no an option of non-binary gender mark in documents."
  • Newer law has been passed "Since 2018 you can change your legal gender without any surgery Sources: https://en.wikipedia.org/wiki/LGBT_rights_in_Russia https://tgeu.org/wp-content/uploads/2018/05/MapB_TGEU2018_Online.pdf"

created by brennen

Helpful?
0
Original entry
StatusLegal, but requires surgery
Start DateNov 15, 1997
End Date(none)
DescriptionTransgender people are able to change their gender on identification documents after being issued a document from a health institution confirming the surgical requirements.
Sourceshttp://www.globalequality.org/newsroom/latest-news/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia
Reports (7)
  • Status is not correct "https://tgeu.org/wp-content/uploads/2018/05/MapB_TGEU2018_Online.pdf"
  • Newer law has been passed "Legal, surgery not required from 2018"
  • Status is not correct "Gender reassignment surgery is permitted after a medical check, but not required."
  • Newer law has been passed
  • Status is not correct "There is a special document, which is called “??????? 0/87?», which allows people change their passport sec without any surgeries. The document has been made in 2017 and has been working since 2018."
  • Status is not correct "This was abolished several years ago, now you need only a certificate. "
  • Status is not correct "Can change gender after transsexual diagnosis by psychiatrist"