Pursuant to the above law, a person has the right to recognition of their gender identity as an element of their personality and the right to respect for their personality based on their sex characteristics (Article 1).

Gender identity is understood as the internal and personal way in which an individual experiences their gender, irrespective of the sex assigned at birth based on biological characteristics. Gender identity includes the personal perception of one’s body, as well as the social and external expression of gender, in accordance with the individual’s will. The personal perception of the body may also be associated with changes resulting from medical treatment or other medical interventions freely chosen.

Sex characteristics are defined as the chromosomal, genetic and anatomical features of a person, including primary characteristics, such as reproductive organs, and secondary characteristics, such as muscle mass, breast development or body hair (Article 2).

Conditions for correction of the registered gender (Article 3)

  1. In case of discrepancy between gender identity and registered gender, a person may request the correction of their registered gender so that it corresponds to their will, personal sense of their body and external appearance.
  2. Full legal capacity is required for the correction of registered gender, with the exception of minors who have reached the age of seventeen (17), provided there is explicit consent of those exercising parental responsibility, and minors who have reached the age of fifteen (15), provided there is, in addition, a positive opinion by an Interdisciplinary Committee established by joint decision of the Ministers of Justice, Transparency and Human Rights and Health for a period of two (2) years, consisting of: (a) a child psychiatrist, (b) a psychiatrist, (c) an endocrinologist, (d) a pediatric surgeon, (e) a psychologist, (f) a social worker, and (g) a pediatrician as Chair, all with specialization in the relevant field.
  3. A prerequisite for the correction of registered gender is that the applicant is not married.
  4. For the correction of registered gender, it is not required to certify that the person has undergone any prior medical intervention. Nor is any prior examination or medical treatment related to their physical or mental health required.

Procedure (Article 4)

  1. The correction of registered gender is effected by court decision in accordance with Article 782 of the Code of Civil Procedure. The application must state the desired gender, the chosen first name and the appropriately adjusted surname. A copy of the birth certificate must be attached to the application.
  2. The correction requires a personal declaration before the court. The declaration is made in a private setting without publicity. The court decision is registered with the Civil Registry that issued the birth certificate. The registration of the court decision correcting gender is carried out in a manner that ensures confidentiality of both the change and the original birth record vis-à-vis all parties.
  3. On the basis of the new birth record, the authorities responsible for issuing other documents containing the person’s identity or from which the person derives rights, as well as for entries in registers or lists, such as electoral rolls, are obliged to issue new documents or make new entries reflecting the corrected registered gender, first name and surname. The new birth record, the new documents and the new entries must not contain any reference to the correction of the registered gender.
  4. The new birth record may be amended once in the future, following the same procedure and conditions.