Germany offers legal third gender option for birth certificates
Tuesday, 1st January 2019
Intersex people in Germany can now legally identify themselves as a third gender, under a new law adopted in December.
People who do not fit the biological definition of male or female can now choose the category "diverse" on official documents.
Those choosing the option will need a doctor's certificate to register.
Germany will become the first country in the European Union to offer a “third gender” option on birth certificates.
Intersex people — and parents of intersex babies — will be able to register as “divers,” or miscellaneous, on birth certificates, instead of having to choose between male or female.
The law, passed in Germany’s Bundestag earlier this month, was hailed as a “small revolution” by some intersex activists. It came after the 2017 constitutional court ruling in favor of an intersex person’s right to change their birth certificate from female to “divers.”
Intersex people are born with both male and female sex characteristics, which can appear at birth or later in life.
Other countries have approved laws in recent years to help recognize intersex people.
Austria's constitutional court made a similar ruling to Germany's in June, while Australia, New Zealand, Malta, India, and Canada have all passed measures to redress issues facing intersex citizens.
The UN says up to 1.7% of the world's population are born with intersex traits- about the same number of people with red hair.
This is separate from a person's gender identity or sexual orientation.
But many face stigma, legal discrimination or even forced surgery because of these characteristics.
Germany previously allowed intersex people to opt out of choosing either male or female as gender in 2013.
But in 2017 the country's top court ruled it was discrimination to deny people a gender, after a person registered as a female had a chromosome test confirming they were neither sex.
Germany's parliament approved the law change last month, to come into effect on 1 January.
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