Germany: Constitutional court demands third gender option for birth certificates

Under the Civil Status Act 2013, which was hailed as a landmark piece of legislation, sex can be left blank on a birth certificate if a child is not clearly identified as male or female.

However, the country’s top court has now found that there should be the option to record sex on a birth certificate as “intersex” or “diverse”.

The case was brought by an intersex person whose sex was recorded on their birth certificate as female and wanted to change it to intersex.

In its ruling (in German), the court said: “Because intersex identity is clear and lasting, they are entitled to equal recognition of their gender as a manifestation of their general personality rights.

“Forced association with male or female sex interferes with their general right to privacy, as they are obliged to fit into a binary system that does not correspond to their own sense of identity.

“Even after , they merely have the choice of either classifying themselves in an incorrect category as male or female, or leaving the birth entry open and thus not belonging to any gender.”

The court has given the German parliament until 31 December 2018 to introduce legislation providing for a third option to be recorded.