According to Article 2 and Art. 1 of the German Constitution, every person has the right to freely develop their personality, including the freedom to determine one’s own gender identity. To guarantee this right for transgender, intersex and non-binary people, the German Parliament has passed the Act on Self-Determination regarding Gender Registration (SBGG for short). This Act came into effect on November 1, 2024, and replaced the Transsexuals Act of 1980, which the German Federal Constitutional Court already declared to be unconstitutional in significant parts back in 2011. This article briefly explains the main steps involved in the procedure for changing the gender entry in the civil status register after the SBGG.
The SBGG now enables transgender, intersex and non-binary people to change their gender entry and first name in the German civil status register by submitting a self-disclosure with self-insurance at the civil registry office without obtaining expert reports and a court proceeding as previously required by the Transsexuals Act. When changing the name, the chosen name must match the new gender entry. A free choice of name only applies if the gender is “divers” or not registered. An isolated change of first name without a change of the gender entry is not possible under the SBGG.
Request and declaration
The change of entry in the civil status register must be announced three months in advance of the self-declaration. This period is intended to be a reflection period and to underline the significance of the declaration to change the gender and name. The announcement can be made informally at any German registry office. However, it must be made at the same registry office where the declaration is going to be submitted. In order to simplify the procedure, it is recommended to submit the announcement and the declaration to the registry office responsible in accordance with § 45b Sec. 2 PStG. German citizens living abroad are recommended to submit their announcement in writing by mail with a handwritten signature and a copy of their passport or identity card. The involvement of a German mission abroad is not necessary.
After the three-months reflection period, the declaration of change must be submitted in person to the registry office and notarized by them. German citizens with a residence abroad, can certify the declaration of change by a German mission abroad and have them forward it to the relevant registry office. After registration, a further change is only possible after a blocking period of 12 months. If the declaration of change is not submitted within six months of registration, the registration becomes invalid.
Special requirements for minors
Minors under the age of 14 cannot submit the declaration of change by themselves. The legal guardian must submit the declaration for them in their presence and with their consent. Minors over the age of 14 can submit the declaration of change themselves with the consent of their legal guardian. The consent of the legal guardian can be replaced by a decision of the family court upon the minor’s request.
The request for this change from abroad can be complicated. We at SNP Canada Ltd. are pleased to support you with any German legal questions you may have.
