The law allows individuals under the age of 18 to change their first name and legal gender on parental approval.
The parliament of Germany’s recent decision was a historic win for the LGBTQ+ community by making it easier to modify gender in legal documents. The “Gender Identity Act” had massive support from Olaf Scholz, the ruling coalition through fiery and emotional debates.
In the final vote count, 374 voted in favor of the act, while 251 voted against it.
According to the law, as of 1st November 2024, over the age of 18 non-binary, intersex, and transgender German citizens can change their gender in legal documents with ease.
The law also allows the citizen to request their gender information to not be registered. Formerly, modifying registered gender needed a family court’s approval and a doctor’s certificate.
The newly enacted Act also includes a fine of up to €10,000 for revealing an individual’s previous registered gender or name without their consent. The exception to this is a legal requirement for police investigations or court proceedings.
According to trusted sources, the enacted legislation is among Chancellor Olaf Scholz’s coalition government’s social reforms he promised in late 2021 while resuming office. It replaces the Transsexuals Law (Transsexuellengesetz) of 1980 which mandated surgical reassignment as a requirement for gender recognition.
Germany’s New LGBTQ+ Act
The Trans Rights Act, which will be effective from November 1st, 2024, allows LGBTQ+ German citizens over 18 years to legally change their registered gender in official documents. Three months after requesting gender modification, the applicants have to appear in person at the registry.
The Act needs individuals aged 14 to 18 to have parental or legal guardian’s consent before appealing for gender change, whereas those below 14 years will need a guardian to present the appeal.
Any additional changes in the appeal should happen within a 12-month timeframe. Gender change applications from male to female or “diverse” done less than two months before a national defense emergency will be postponed.
Chancellor Olaf Scholz noted in parliament that they show respect to the intersex, trans, and non-binary individuals while ensuring it doesn’t diminish other’s rights and dignity. With that, they propel the country’s modernization forward which entails acknowledging the realities of life and making them achievable by law.
The human rights groups have widely celebrated the new Trans Rights Law. “Germany is now among the growing list of countries that are eradicating gender recognition pathologizing requirements that lack a place in the democratic and diverse societies,” Noted Cristian González Cabrera, senior LGBTQ+ researcher at the Human Rights Watch.
Amidst efforts from populist politicians from Europe and other regions using trans rights for political gain, Germany’s new LGBTQ+ Law sends a clear message that trans individuals exist and are worth acknowledgment and protection under the law, without discrimination.
The new Act allows trans and non-binary individuals to visit the registry office and modify their registered gender and given name with ease through a simple affirmation. Medical certificates or “expert” opinions won’t be needed.
