Transsexuals Act (Germany)

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Transsexuals Act
Reichstag building Berlin view from west before sunset.jpg
German Bundestag
  • Law on changing first names and determining gender in special cases
    German: Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen
Citation Transsexuellengesetz (TSG)
Territorial extent Germany
Passed by German Bundestag
Passed4 July 1980
Passed by German Bundesrat
Passed4 July 1980
Signed by President Karl Carstens
Signed8 September 1980
Commenced1 January 1981
Repealed1 November 2024
Summary
German Federal Act on the Change of Gender and First Name in Civil Status
Status: In force

The Transsexuals Act (German : Transsexuellengesetz, TSG) is a German federal law that allows people who do not feel they belong to their gender to change their first name and gender in their civil status.

Contents

To change either name or gender, two independent medical court experts have to be commissioned by the judge. They are asked to evaluate, whether

The law will be replaced by the Self-Determination Act on 1 November 2024. [3]

Legislative history

In 1980, West Germany passed a law regulating the change of first names and legal gender, the "Gesetz über die Änderung der Vornamen und die Feststellung der Geschlechtszugehörigkeit in besonderen Fällen, ( de:Transsexuellengesetz – TSG) or, "Law concerning the change of first name and determination of gender identity in special cases (Transsexual law – TSG)". Since 1990, following the reunification of East and West Germany, it applies to all of Germany.

Details

Name changes

One can either obtain a change of name alone, and proceed later with a change of legal gender, if possible or desired, or obtain both in a single legal procedure.[ citation needed ]

The name change becomes legally void if a child of the trans person is born more than 300 days after the name change. [4]

Several court decisions have further specified several matters. For example, a person with only a name change has the right to be called "Herr" or "Frau" (Mr. or Ms.) according to their first name, not their legal gender; similarly, documents have to be issued reflecting their actual gender identity, not legal gender. Job references, certifications and similar from the time before the change of name may be reissued with the new name, so effectively there is no way for a new employer to learn about the change of name and/or legal gender. Also, people with only a name change do not have to divulge their legal gender to employers.[ citation needed ]

A name change is registered as previous last names in the resident registration (German "Melderegister"). [5] It is also registered in the Federal Central Tax Office as previous last names with the Tax Identification Number. [6] Based on the previous last names there can be seen the previous gender.

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References

  1. 1 2 The German word Geschlecht (the teminology used in the law) can be translated as either "sex" or "gender".
  2. 1 2 3 "Bundesverfassungsgericht - Presse - Voraussetzungen für die rechtliche Anerkennung von Transsexuellen nach § 8 Abs. 1 Nr. 3 und 4 Transsexuellengesetz verfassungswidrig". www.bundesverfassungsgericht.de. Retrieved 6 February 2019.
  3. "Gesetz über die Selbstbestimmung in Bezug auf den Geschlechtseintrag und zur Änderung weiterer Vorschriften". Bundesgesetzblatt (in German). 21 June 2024. Retrieved 28 August 2024.
  4. "BGBl. I S. 1654" (PDF) (in German). Bundesansieger Verlag. Retrieved 17 May 2015.
  5. "§ 3 BMG - Einzelnorm". www.gesetze-im-internet.de. Retrieved 28 May 2022.
  6. "BZSt - tax identification number". www.bzst.de. Retrieved 28 May 2022.