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Draft Law on Gender Identity Recognition in Germany
English version of the Draft Law on the change of first names and the determination of sex (ÄVFGG) as proposed by the The Greens (Bündnis 90/ die Grüne) on 26 May 2009
Draft Law on the change of first names and the determination of sex (ÄVFGG)
Section I
Change of first names
- 1 Application for change of first names
(1) The first name(s) of a person is (are)to be changed by those authorities that –by state law– are in charge of keeping the civil register, if the individual
- explains that his or her previous first names do not match his or her current gender identity, and
- is
- a) German pursuant to the definition of the German Basic Law (Grundgesetz),
- b) stateless, or an alien without origin residing in Germany,
- c) an asylum grantee or foreign refugee residing in Germany, or
- d) a foreigner whose home country provides for similar rules as the current law in question, and
- aa) has the right of permanent residence or
- bb) has a renewable residence permit and permanently resides within the country legally.
(2) For a person who is declared incapable of conducting business, the request will be filed by the legal representative. The legal representative needs the approval of the guardianship court.
(3) The application may be rejected only if it is clearly filed with an intent to mislead. .
- 2 Disclosure ban
(1) Once a decision is in force to change the first names of the applicant, the first names which were in use prior to such a decision may not be made public or searchable, unless there are special reasons pursuant to the public interest, or if a legal interest is made plausible.
(2) The applicant may request that the new first names be used in official documents and registers. Other gender-specific data, especially the form of address, gendered service or professional designations as well as information on kinship relationships are to be adapted to the current gender identity, which corresponds to the modified first names, unless the content and truthfulness of the document would otherwise be compromised.
(3) Official documents as well as certificates from previous employers which were issued before the decision made pursuant to § 1 are to be re-issued with the new first names.
Section II
Determination of gender
- 3 Application for determination of gender
(1) The entry in the birth sex of a person is to be changed at their request by the authorities that –according to state law– are in charge of keeping civil records if
- the individual declares that the listing of his or her birth sex is not in accordance with his or her gender identity, and
- the conditions of § 1 para 1 No 2 are met.
(2) For a person who is declared incapable of conducting business, the request will be filed by the legal representative. The legal representative needs the approval of the guardianship court.
(3) The application may be rejected only if it is clearly filed with an intent to mislead.
(4) An existing marriage or civil partnership is not affected by the change of civil records. At the request of both partners an existing civil partnership may be converted into a marriage.
- 4 Effects of the decision
(1) From the moment the decision to regard an applicant as being of the opposite gender comes into force, gendered rights and duties will be applied according to the new gender unless the law provides otherwise.
(2) Section 2 shall apply accordingly. The disclosure ban shall also be applied to any gendered information, including letter and number combinations, in documents which are to be changed.
- 5 parent-child relationship
(1) A determination establishing that the applicant belongs to the opposite sex has no bearing on the legal relationship between said applicant and his or her parents, nor on the legal relationship between said applicant and his or her children. The same applies with respect to the descendants of such children.
- 6 pensions and similar recurrent payments
(1) A determination establishing that the applicant belongs to the opposite sex does not affect that applicant’s existing legal rights to pensions and/or similar recurring benefits. Subsequently, any benefit directly derived from the same legal relationship, insofar as sex matters, shall further be based on those assessments that were at the substantiated said benefits at the time the decision came into force.
(2) Claims for services from an insurance company and/or care service provider of a former spouse are unaffected by a determination that an applicant is to be considered of the opposite sex.
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