Can I change my name and my age?
Change first name and gender entry via "Transsexual Act"
The "Transsexual Act" (TSG) allows new first names to be adopted and the civil status to be changed from male to female or from female to male. It is also possible to change just the first name (s). In both cases it must be proven that the applicant does not identify with the gender on their birth certificate due to a "transsexual character" - and has been for more than three years and probably permanently.
For the change of first name or civil status, the applicant does not have to gender reassignment medical measuresGender reassignment is the term used to describe medical treatments that adapt the body to its own gender identity. claim nor be unable to reproduce. Although this is still in the legal text, it no longer applies since it was classified as unconstitutional by the Federal Constitutional Court in 2011.
How does the procedure work?
First, an informal application must be submitted to the competent local court. The court commissions two experts who are to determine in discussions with the applicant whether the above-mentioned requirements are met. Less than one percent of the reports speak out against the desired change.1
The court decides on the application on the basis of the two reports and a personal interview with the judge. Less than five percent of TSG applications are rejected.2 In the event of rejection, you can file an objection or submit a new application with a little distance.
A TSG procedure takes between five and twenty months, an average of nine months.3 It costs an average of 1,868 euros.4 Anyone with low income and assets can apply for legal aid.
Can I also use the TSG procedure if I
... am neither a man nor a woman?
Many reviewers know that the "opposite-sex" identification required by the TSG is part of the self-image of many trans *Transgender people do not identify or only identify with the gender they were assigned at birth. Does not correspond to people who wish to change their first name or civil status. You therefore also write for people who are non-binary'Non-binary', 'non-binary' or 'genderqueer' are self-names for a gender identity that cannot be described by comparing men and women. identify favorable opinions.
The new first names can also be gender-neutral. However, the civil status can only be changed to female or male via the TSG (for the option to delete the gender entry, see here).
… Am younger than 18 or under legal supervision?
Children and young people can use the TSG on behalf of their legal guardians. There is no lower age limit.
Anyone who is legally supported or has limited or no legal capacity may need support with the application. Supervisors are legally obliged to support those supervised in exercising their personal rights. That also includes living in harmony with that Gender identityGender identity describes a person's knowledge and feelings about their own gender. one that a cared for person expresses.
... do not have German citizenship?
In order for people without German citizenship to be able to use the TSG procedure, one of two conditions must be met: Either they are resident in Germany as persons entitled to asylum, recognized refugees, stateless persons or homeless foreigners. Or they have an unlimited or extendable residence status and live permanently in Germany. In this case it must be proven that there is no regulation comparable to the TSG in your home country or that it is unreasonable to make use of them.
What makes the procedure easier for me?
Many experience the appraisals as incapacitation and invasion of their privacy and the procedure as a whole as very stressful. In this phase, support and advice from competent contact points and people with TSG experience can be very important.
It is possible to propose experts to the court when submitting the application. This increases the chances of a competent and respectful assessment. Local advice centers or trans * organizations can give recommendations.
Since the procedural costs differ greatly according to how many working hours the individual reviewer calculates at which hourly rate, it is worth asking about them and comparing prices.
Is the information about my old first name and my old gender entry protected?
After a successful TSG procedure, the previous gender entry and / or name may not be made public or researched without the consent of the person (§5 TSG, prohibition of disclosure). Employers, authorities, banks and schools must use the new name from now on. Certificates and other documents must also be changed retrospectively. If the issuing organization refuses, a reference to the prohibition of disclosure or the support of an anti-discrimination advice center will help.
A right to a new salutation - "Mr." instead of "Ms." or vice versa - exists even if the first name is changed according to the TSG without a change in civil status.
Is the TSG procedure in line with human rights?
The "Transsexual Act" dates back to 1981. Several of its parts have since been declared unconstitutional by the Federal Constitutional Court and are no longer in force. The still valid regulations have been the subject of national and international criticism for many years from a medical and human rights perspective. The Federal Ministry of Family Affairs already spoke out in favor of abolishing the TSG in 2017. Proposals for a new regulation of gender and gender identity in law have been submitted by the German Institute for Human Rights and the Humboldt University in Berlin on behalf of the Federal Ministry of Family Affairs.
1 Adamietz, Laura / Bager, Katharina (2017): Need for regulation and reform for transgender people. Accompanying material for the Interministerial Working Group on Inter- & Transsexuality, Vol. 7. Berlin: Federal Ministry for Family, Seniors, Women and Youth, p. 12. Last accessed on December 7, 2017 from www.bmfsfj.de/blob/jump/114064/regelungs- -and-reform-needs-for-transgender-people --- volume-7-data.pdf.
3 Ibid., P. 11.
4 Ibid., P. 12
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