Germany approves third gender
The highest court in Germany has required a third gender on birth certificates and other official documents.
After an appeal brought by an intersex person, the Federal Constitutional Court approved the use of a third sex. This required parliament to recognise the gender from birth.
The intersex person, is neither a man nor woman according to chromosomal analysis. The person brought a legal challenge after attempting to change their registered sex to “inter” or “divers.
Current regulations on civil status are discriminatory against intersex people, the Federal Constitutional Court said.
Authorities rejected the original application as the German civil law requires registration on official documents as male, female, or leave or the space blank.
The Court has ruled the creation of a new term covering intersex people, using a “positive name for the sex” for birth certificates by the end of next year.
“The legislature [parliament] has until 31 December 2018 to create a new regulation,” the ruling said.
“Courts and administrative authorities are no longer allowed to apply the relevant standards, insofar as they amount to an obligation to indicate sex to persons whose sex development has variations in relation to female or male sexual development and who therefore do not permanently assign themselves to male or female sex,” said a ruling published on Wednesday.
“The legislature could waive the entry of sex in the register.
“Instead, it may also give the affected persons the opportunity to choose another positive name for gender that is not male or female.”
Australia, India, New Zealand and Nepal also recognise intersex individuals on official documents.