Historic ruling grants recognition to “gender neutral” French citizen

The High Court in Tours, France has ruled that a 64-year-old intersex person’s birth certificate should be amended to record their gender as “neutral”.

In an historic ruling on 20 August, the magistrate said that the “gender assigned at birth appears to be nothing but a fiction, forced on this person throughout their life”.

He also stressed that the court had not unilaterally recognised “some kind of third gender”, but had “acknowledged the impossibility of linking this person to one particular gender”.

The 64-year-old, reportedly born with a “rudimentary vagina” as well as a micropenis, is the only person in France legally recognised as neither male nor female.

However, the state prosecutor has declared his intent to appeal the ruling.

The 64-year-old was represented in court by lawyers Mila Petkova and Benjamin Pitcho.

Mr Petkova told FranceTV that around 1.7 per cent of people in France are intersex and “do not have access to certain treatments or certain services” because of their lack of legal recognition.

He said: “I truly hope that other people will see that the courts can be an effective channel and they will also request that their legal personality matches their civil status.”

In comments to French newspaper 20 Minutes, Mr Petkova added: “Most babies who are born intersex are, even today, operated on from birth. However, these operations have no therapeutic benefit.

“They therefore favour not the child’s best interests and well-being, but that of the parents and a society that has provided two checkboxes: male and female.

“Instead, we should firstly reassure parents and then wait until the children grow up to consent - or not - to these operations that affect them first and foremost!”

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