Entry #5794: Right to change legal gender in Slovenia

Current Version

Region	Slovenia
Issue	Right to change legal gender
Status	Legal, but requires medical diagnosis
Start Date	2005
End Date	now
Description	Under Article 37 of the Law on the Register of Deaths, Births and Marriages (2005), "medical certification" is required to attain legal gender recognition. However, there are no apparent criteria for what this "certification" must include or what level of medical intervention (if any) is required. Thus, in practice, the discretion lies with each individual registrar to accept or reject applicants. Before the change of gender marker is registered, the applicant must request a new EMSO (identification number). According to ILGA-Europe, in January 2017, the Ministry of Internal Affairs published a circular establishing that applicants seeking legal gender recognition had to present a certified statement that they have undergone gender affirming surgery. However, after substantial advocacy efforts by local NGOs, including Legebitra, TransAkcija, and Amnesty Slovenia, the Ministry backtracked and published a new circular establishing that applicants had to submit a "certified statement" issued by a psychiatrist merely stating that they had "changed their gender" and indicating that the medical procedures leading to “gender change” are irrelevant for the legal gender recognition procedure, thus reinstating the interpretation that was in place before January 2017.
Sources	https://database.ilga.org/slovenia-lgbti https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf

Revision History (5)

Oct 15, 2023 Revision by Nathan. Status correction

	Old Value	New Value (Current)
Value	Legal, surgery not required	Legal, but requires medical diagnosis
Start Date	Jul 5, 2018	2005
Note	No requirements for surgery or sterilization. Missing non binary options. "Regulation of Execution of the Register of Deaths, Births and Marriages Act defines legal gender recognition as a relatively quick administrative procedure as the application for legal gender recognition is submitted to one of the administration units in Slovenia. After the administration unit issues a new birth certificate reflecting one’s own gender (without reference to the previous gender), the person can apply for new documents. This is accessible only to persons aged 18 or more and with full legal capacity. There are no legal provisions for a third/other gender options."	Under Article 37 of the Law on the Register of Deaths, Births and Marriages (2005), "medical certification" is required to attain legal gender recognition. However, there are no apparent criteria for what this "certification" must include or what level of medical intervention (if any) is required. Thus, in practice, the discretion lies with each individual registrar to accept or reject applicants. Before the change of gender marker is registered, the applicant must request a new EMSO (identification number). According to ILGA-Europe, in January 2017, the Ministry of Internal Affairs published a circular establishing that applicants seeking legal gender recognition had to present a certified statement that they have undergone gender affirming surgery. However, after substantial advocacy efforts by local NGOs, including Legebitra, TransAkcija, and Amnesty Slovenia, the Ministry backtracked and published a new circular establishing that applicants had to submit a "certified statement" issued by a psychiatrist merely stating that they had "changed their gender" and indicating that the medical procedures leading to “gender change” are irrelevant for the legal gender recognition procedure, thus reinstating the interpretation that was in place before January 2017.
Note	Show Difference No requirements for surgery or sterilization. Missing non binary options. "Regulation of Execution of the Register of Deaths, Births and Marriages Act defines legal gender recognition as a relatively quick administrative procedure as the application for legal gender recognition is submitted to one of the administration units in Slovenia. After the administration unit issues a new birth certificate reflecting one’s own gender (without reference to the previous gender), the person can apply for new documents. This is accessible only to persons aged 18 or more and with full legal capacity. There are no legal provisions for a third/other gender options." Under Article 37 of the Law on the Register of Deaths, Births and Marriages (2005), "medical certification" is required to attain legal gender recognition. However, there are no apparent criteria for what this "certification" must include or what level of medical intervention (if any) is required. Thus, in practice, the discretion lies with each individual registrar to accept or reject applicants. Before the change of gender marker is registered, the applicant must request a new EMSO (identification number). According to ILGA-Europe, in January 2017, the Ministry of Internal Affairs published a circular establishing that applicants seeking legal gender recognition had to present a certified statement that they have undergone gender affirming surgery. However, after substantial advocacy efforts by local NGOs, including Legebitra, TransAkcija, and Amnesty Slovenia, the Ministry backtracked and published a new circular establishing that applicants had to submit a "certified statement" issued by a psychiatrist merely stating that they had "changed their gender" and indicating that the medical procedures leading to “gender change” are irrelevant for the legal gender recognition procedure, thus reinstating the interpretation that was in place before January 2017.
Sources	https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf	https://database.ilga.org/slovenia-lgbti https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf
Sources	Show Difference https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf https://database.ilga.org/slovenia-lgbti https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf

Nov 6, 2022 Revision by Notdog1996

	Old Value	New Value
Start Date	Feb 4, 2011	Jul 5, 2018
End Date	Jul 5, 2018	(NONE)
Note	No requirements for surgery or sterilization. Missing non binary options.	No requirements for surgery or sterilization. Missing non binary options. "Regulation of Execution of the Register of Deaths, Births and Marriages Act defines legal gender recognition as a relatively quick administrative procedure as the application for legal gender recognition is submitted to one of the administration units in Slovenia. After the administration unit issues a new birth certificate reflecting one’s own gender (without reference to the previous gender), the person can apply for new documents. This is accessible only to persons aged 18 or more and with full legal capacity. There are no legal provisions for a third/other gender options."
Note	Show Difference No requirements for surgery or sterilization. Missing non binary options. options. "Regulation of Execution of the Register of Deaths, Births and Marriages Act defines legal gender recognition as a relatively quick administrative procedure as the application for legal gender recognition is submitted to one of the administration units in Slovenia. After the administration unit issues a new birth certificate reflecting one’s own gender (without reference to the previous gender), the person can apply for new documents. This is accessible only to persons aged 18 or more and with full legal capacity. There are no legal provisions for a third/other gender options."
Sources		https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf
Sources	Show Difference https://www.lgbti-era.org/countries/slovenia https://zagovornik.si/wp-content/uploads/2022/08/The-Situation-of-Transgender-People-in-Procedures-for-Medical-Gender-Identity-Confirmation-and-Legal-Gender-Recognition-in-Slovenia-Selected-Chapters-1.pdf

Jul 5, 2018 Revision by Ausyk

	Old Value	New Value
End Date	Oct 12, 2017	Jul 5, 2018
Note	No requirements for surgery or sterilization.	No requirements for surgery or sterilization. Missing non binary options.
Note	Show Difference No requirements for surgery or sterilization. Missing non binary options.
Sources	No
Sources	Show Difference No

Oct 12, 2017 Revision by Ausyk

	Old Value	New Value
End Date	Sep 20, 2017	Oct 12, 2017
Note	Requires sterilization.	No requirements for surgery or sterilization.
Note	Show Difference Requires sterilization. No requirements for surgery or sterilization.

Sep 20, 2017 Revision by Ausyk

	Old Value (Original)	New Value
End Date	Sep 5, 2017	Sep 20, 2017
Note	No	Requires sterilization.
Note	Show Difference No Requires sterilization.

Sep 5, 2017 Ausyk created this entry.