Posted on 31. January 2014 in Country Information, Legal Gender Recognition

Sweden Gender Recognition Law

Sweden’s Gender Recognition Act (1972:119) as reformed in 2012

 

1 § A person can, after an application of his or her own, get recognised that he or she has another gender than the one indicated in the civil registration, provided he or she

  1. over a long period of time has perceived that he or she belongs to the other gender,
  2. for a while has presented in accordance with this gender identity,
  3. must be expected to live in accordance with this gender identity also in the future, and
  4. is at least eighteen years of age.

An application according to the first paragraph can be approved even if the applicant has been granted a changed gender with support of § 2. Act (2013:45).

 

2 § A person can, after an application of his or her own, get recognised that he or she has another gender than the one indicated in the civil registration, provided

  1. he or she has a congenital deviation in the sex development, and
  2. a change of the gender is
  1. consistent with the development of the gender identity, and
  2. the most consistent with the applicant’s physical condition. If the application is referring, according to the first paragraph, to someone who has turned eighteen then the application is made by himself of herself. The same applies for a person younger than eighteen who is not in the custody of someone else. In other cases, the application is made by the custodian.

If the application is referring to a child over the age of twelve the child must give his or her consent. Even if consent is not necessary, the will of the child shall be taken into account with regard to their age and maturity. Act (2012:456).

 

3 § An application of recognition of gender in accordance with § 1 or 2 can be approved only if the applicant is a registered resident in Sweden.

The application cannot be approved if the applicant is in a registered partnership. Act (2012:456).

3 a § A verdict or a decision about a person’s changed gender, which has been determined by a foreign court or authority and has gained legal force, applies in Sweden, if the person was a citizen in the foreign country, or had residency there, when the verdict or the decision was determined. Act (2012:456).

 

4 § In connection with the application of recognition of gender in accordance with § 1 or 2, permission may be given for genital surgical procedures in order to make them more like the genitalia of the other gender. Permission may be granted only if the requirements for recognition of gender are met.

The provisions in § 2 second and third paragraph apply where applicable. Act (2012:456).

4 a § In connection with the application of recognition of gender in accordance with § 1, permission may be given to remove the genital glands, if the requirements for recognition of gender in the § 1 first paragraph 1-4 are met.

When an application of recognition of gender in accordance with § 1 or 2 has been approved, the person to whom the decision refers may, after their own application, get permission for removal of the genital glands.

If the applicant has not yet reached the age of twenty three permission may be granted only if there are extraordinary reasons. Act (2012:456).

 

5 § Applications in accordance with §§ 1, 2, 4 and 4 a are reviewed by Socialstyrelsen1. Act (2012:456).

 

6 § The decisions of Socialstyrelsen, in accordance with this law, may be appealed to a public Administrative court. A leave to appeal is necessary for an appeal to kammarrätten.2 Act (1995:23).

 

7 § A person who has been involved with a matter in accordance with this law may not unlawfully disclose what he or she has come to learn about an individual’s personal circumstances.

In the public sector the provisions in offentlighets- och sekretesslagen3 (2009:400) are instead applied. Act (2009:411).

 

8 § A person who, intentionally or by negligence performs procedures in accordance with § 4 or 4 a on a person who has not been granted permission for such a procedure is required to pay a fine or convicted to imprisonment not exceeding six months. If the offense is punishable in accordance with the penal code, liability in accordance with this provision is not applicable. Act (2012:456).

 

9 § The government, or the authority which the government elects, can issue regulations concerning the requirements for recognition referred to in § 1 first paragraph 1-3 and § 2 first paragraph 1. Act (2012:456).

 

(Translated into English July 2013 by Lars Jonsson.)

 

1 The National Board of Health and Welfare.

2 Administrative Court of Appeal.

3 Public Access to Information and Secrecy Act.