Gender identity legislation around the world

Spain
On March 16th, 2007, more than a year ago, the Law N° 5585 appeared in Spain. The objective of this law is that persons could change their name and sex if it is not in accordance with their gender identity.

This law could be used by any person with a Spanish nationality older than 18 years old, with good mental faculties confirmed by a medical report that has been diagnosed with gender dysphoria and not a personality disorder. Gender dysphoria is the scientific name for transsexuality created by Harry Benjamin.

These requisites imply that doctors and psychologists prepare reports that confirm dysphoria and assure the change of identity is constant and permanent. There is no obligation to have a sexual reassignment but it is necessary to receive medical treatment for at least two years. If the person has a terrible illness or is very old this requisite could be waived.

Turkey
In Turkey the law appeared in 1988. It has special relevance for transsexuals that were married because a marriage would be dissolved immediately and custody is the decision of a judge.

England
In England, in 2004 the law of gender recognition “Gender Recognition Act 2004” appeared. It is necessary to be 18 years old, be living as the other gender or have changed gender, even if this change was not produce in England. This law has a very open consideration but it is necessary to be justified by a gender dysphoria diagnostic or live two years as the other gender and be sure they want to live forever in that identity. In all the cases it is necessary to have a medical diagnosis for the decision.

South Africa
In South Africa under number 25236 there exists legislation about sex alteration and its status appear in July 2003.

Netherlands
In the Netherlands a law has existed since 1985 whereby any citizenship could apply for a sex change and change of name if that person is not married and if they are sterile. If they are married it is necessary to divorce first.

Austria
Austrian legislation has existed since1993. It considers transsexuality as an illness. Persons have to demonstrate that his change will be permanent. Austria only allows a change of sex if a person is not married and is sterile. If the person is married they must divorce first.

Finland
A Finnish law was created in 2002. It stated that if there is a medical report, a person could ask for a change of gender. It is also possible that he/she lives as the other sex and is not allowed to have children. You have to be older than 18 years old and be single without children. This law is only allowed for citizens. If the person is married the spouse has to give his/her approval.

New Zealand
In1995 a law was approved that people could change their name and sex if they have changed their sex.

Germany
In Germany a sex and name change is allowed if you are older than 25 years and if the person has been living at least three years as the other sex. The person must be a German citizen or a refugee as well as single, sterile and have received medical treatment to look like the other sex.

Italy
A Law has existed since 1982 (Nº 164). A psychosexual exam could be required and a doctor could suggest sexual surgery. This procedure implies dissolution of marriage (both civil and religious).

Belgium
The Law received approbation in 2007. Every citizen (also foreigners) could have a name and sex change. Also persons under 18 are allowed if they have his parents’ authorization. It is not necessary to have a sexual reassignment if you can demonstrate your intention to change identity. It is necessary to be sterile. This change doesn’t mean that previous legal duties are going to be dissolved.

Common aspects
Al least five legislations have a concept of restriction for changing identity. In three cases it is necessary to have a medical certificate and in two it is enough to be living as the other sex for two or three years. Only in Finland is there an obligation not to have children. In three countries it is necessary to be older than 18 and in Germany the person must be older than 25. Only in Belgium is it allowed for people under 18 if they have the permission of their parents.

We think the reason sterility is a condition to change identity is because transsexuality is still considered a disease. Also there is an obligation to change sex by surgery; this action denies other identities that cannot be fixed by being one or the other sex.

We made a comparative summary of the legislation. There is also a very complete investigation about gender legislation.