questions and answers
Changing a name without a psychological report: What is behind the Self-Determination Act?
The LGBTQ community has long campaigned for the Self-Determination Act and the repeal of the Transgender Act
© Marius Becker / DPA
After a long discussion and several drafts, the time has come: the new self-determination law is passed, the controversial transsexual law is abolished. What is changing and what is being criticized: the most important questions and answers.
Those affected and their supporters have fought for it for many years, now the controversial Transsexual Act actually be abolished. Instead, the traffic light coalition wants to use a self-determination law to ensure that a simple declaration at the registry office is sufficient to change a person’s gender or first name. Those affected should also be protected from an unwanted coming out. The Federal Cabinet is expected to adopt the draft on Wednesday.
Who is the law aimed at?
The new regulation is aimed at transsexual, intersex and non-binary people. Trans people are people who do not identify with the gender they were assigned at birth. Intersex refers to people who have physical sex characteristics that are not exclusively male or female. Non-binary means people who do not classify themselves as male/female in the usual gender division.
Which regulation applies so far?
The Transsexuals Act of 1980 stipulates that those affected must submit two psychological reports in order to change their gender or first name entry. In the end, the competent district court decides. Parts of the regulations have since been rejected by the Federal Constitutional Court. Those affected criticize the procedure as lengthy, expensive and degrading – they speak of a “compulsory psychiatric assessment”.
What should apply in the future?
Adult transsexual, intersex and non-binary people should be able to achieve the desired changes with a simple declaration at the registry office. Then documents such as the passport can be rewritten. This required “declaration with self-insurance” does not have to be accompanied by expert opinions and is not checked by a court. It is independent of the extent to which the person concerned decides on gender reassignment medical interventions. Affected persons only have to declare that the requested change corresponds best to their gender identity.
What about people under 18?
For children under 14, the parents should be able to submit the necessary declaration to the registry office. Young people aged 14 and over can do this themselves, but only with the consent of their parents. If there are conflicts within the family, the family court can make the decision. The welfare of the child should be the benchmark.
How often can the gender entry be changed?
There is no provision for a numerical limit. However, there should be a blocking period of one year – only then is it possible to change again. “This serves to protect against haste and is intended to ensure the seriousness of the change request,” says the draft. There is a three-month period for the change in the gender entry to take effect.
What else is in the paper?
There should be a “disclosure ban subject to fines” – what is meant by this is that it is forbidden to disclose a person’s earlier gender assignment or first name against their will. Anyone who does so must expect a fine. It’s about preventing a “forced outing”. For people who have changed their gender entry, the entry “parent” in the birth certificate of their children should be made possible.
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Which regulation was particularly controversial?
There were intensive debates on the question of domestic rights and access to protected premises – such as saunas, changing rooms, women’s shelters and other shelters, especially for women. Some women’s rights activists had expressed concerns about having to open such shelters to trans people in general. However, the Self-Determination Act leaves private household rights unaffected. However, the General Equal Treatment Act (AGG), which is intended to prevent discrimination, always applies.
What was the last thing that stuck?
The Federal Ministry of the Interior recently raised concerns about the new law being passed earlier. The fear: Criminals could take advantage of the change of identity and in this way elude the law enforcement authorities. According to media reports, this should be avoided with the revised version of the draft that has now been presented.