Germany will permit parents to select a “third
gender” on birth certificates for their children, should the child .jpg)
want to
identify with a certain gender in the future.
Germany is the first country in Europe to pass
this type of legislation.
The new law, which is to take effect throughout
the country in November, will allow the parents of a child born with both male
and female physical attributes, or to pick the option of “gender blank” on their
birth certificate so they may choose a “male” or “female” gender later in life,
the Christian Post reports.
The child may later also choose to keep the third
gender option forever.
This legislation comes after a constitutional
court decision which determined that as long as a person “deeply feels and
lives” a particular gender, they have the legal right to be identified with that
gender.
The new legislation has served as an amendment
added to the country’s Civil Status Act back in May, although it has gained more
national attention as November comes closer.
“If the child cannot be identified as female or
male, the personal gender is to be left blank and to be so entered into the
births register,” the new law states, according to the German newspaper
Süddeutsche Zeitung.
The new law applies to those born
with male and female physical characteristics.
Although some in Germany, including the newspaper
Süddeutsche Zeitung, have heralded the new legislation, others have argued that
it poses complications to other state-issued documents, such as passports and
marriage licenses.
Currently, passports require a “male” or “female”
gender option, and some groups argue that travel will become difficult if a
German’s passport simply has a blank space under gender; therefore, groups such
as the family law publication FamRZ are calling for the legislation to use an
“X” instead of a blank space.
Additionally, Germany does not recognise gay
marriage, and marriage certificates require both a male and female participant.
Those critical of the legislation argue that the
current marriage laws in the country may be subverted if those applying for a
marriage license do not belong to a specific gender. Same-sex couples can enter
into civil partnerships in Germany, and they receive the same benefits as
heterosexual couples.
Germany’s Justice Minister Sabine
Leuthheusser-Schnarrenberger told the Süddeutsche Zeitung that “comprehensive
reform” for other legal documents would be necessary in order for the new law to
take effect fully.
About six weeks ago, Australia became the first
country in the world to legally introduce a third gender on all official
documents, not just birth certificates. New Zealand has also passed legislation
which allows citizens to choose an “X” as their gender, while Nepal recently
announced its plans to do the same.