Gender identity becomes a mere administrative procedure in Germany thanks to a new law
En Germany, the Lower House of Parliament, the Bundestag, approved this Friday a law that will facilitate the change of name and gender identity in official documents. This decision has been promoted by the parties of the Government coalition and celebrated by the collective LGTBI.
The current law, from 1980, establishes that people transsexual, intersex or non-binary they need psychiatric reports and a judge's permission to change your name in the registry. Starting in November, a purely administrative procedure will suffice.
The new law, which had a total of 374 votes in favour, 251 against and 11 abstentions in the Bundestag, will come into force next November 1th, but starting in August the change in registration can be requested, since it lasts three months until it is effective.
For the German Family Minister, Lisa Paus, with this new law ―which replaces the controversial Transsexuality Law of 1980― it was about putting an end to a situation that in their opinion was not sustainable and that was “really discriminatory for these people and that placed unreasonable additional obstacles for thems ".
The law and minors
The under 14 years They cannot make the declaration in the civil registry by themselves. The legal representative must do it, but always accompanied by the minor.
If the person is between 14 and 18 years old, they can make the declaration in the civil registry themselves, but they need the consent of their legal representative for its validity.
In case of conflicts, the family court can make the decision. The criterion must be best interests of the minor. The young person, or the parents, in the case of children under 14 years of age, must also declare that they have received prior advice. This counseling can be provided by a psychologist or by child and youth welfare services.
In addition, to protect people's privacy, it is also prohibited – similar to the current law – to consult previous gender registrations or given names. Regarding the criticism that the age limit of 14 years is too low, the Minister of Family recalled that “At 14 years old, for example, you can also decide what religion you want to belong to.", so this answers "simply to the logic of German legislation".
A decent law for trans people
For many it is a historic day. “The humiliation has now come to an end", he explained in the Bundestag el Government Commissioner for Queer Affairs German, Sven Lehmann. Meanwhile, the deputy of The Greens Nyke Slawik, who herself had to change her gender at the start with the previous regulations, thanked everyone who had made the new law possible. “As a trans person, we experience time and time again that our dignity becomes a matter of negotiation", she explained about a process that cost her two years and almost 2.000 euros. “This has come to an end”, he added about a change that has also been supported by the German Conference of Psychotherapists for some time.
The approved law stipulates that the sex registration can be changed again after one year. It does not affect medical interventions for gender reassignment. Separate regulations and guidelines apply for this.
Although parts of the old law had been declared unconstitutional by the German Constitutional Court on repeated occasions, especially because of the humiliating procedures for those affected, the new law was opposed by conservatives, the extreme right Alternative for Germany (AfD) and the Sahra Wagenknecht Alliance. However, the majority made up of social democrats, liberals and greens made it pass without problems through the Bundestag.
