Politicians in Germany on Friday voted for legislation to make it easier for transgender, intersex, and genderfluid people to change their formal names and genders.
If one wants to change their gender, they need professional evaluations and a court decision right now.
A draft bill that allows married couples to adopt a triple name was approved on Friday as well.
What does the Self-Determination Act cover?
People may actually change their second title and gender only after they have been screened by two psychiatrists and given permission by the current transgender law.
These alterations could be made in a straightforward manner thanks to the Self-Determination Act.
A trans person is defined as someone who does not identify with the sex they were born with, or only with that sex according to the draft.
Nonbinary people: The new laws would also apply to those who do not recognize solely as male or female.
Folks would need to be informed of the proposed adjustments three months in advance of the legislation.
How Berlin became ‘home’ to transgender persons
Only the person’s legal representative could submit an application for those under the age of 14. Those over 14 can file one themselves with the approval of their legal representatives. If the change is not approved, a family court may approve it if the official gender and name change “does not go against the child’s well-being” are stated.
The new legislation would allow women to continue to choose who has access to facilities like gyms and changing rooms.
Germany would be evoking Spain’s example, which passed a law in early 2023 that allows people over the age of 16 to change their legally recognized gender without any medical supervision, with the new law.
What are the legal criticisms?
Conservatives have criticized the legislation, most notably the far-right Alternative for Germany (AfD), which has claimed it will allow people to choose between genders.
One party, the Bavarian sister party of the conservative Christian Democrats (CDU), the Christian Social Union (CSU), is opposed to changes to the current law.
The CSU’s spokeswoman on family affairs, Dorothee Bär, told broadcaster ARD that the law “was not thought through from start to finish” and would “lead to many upheavals in families”.
According to Bär, the new legislation would “open the door to abuse” by requiring those who wish to change their official gender to seek counseling first.
She did, however, concede that applicants for gender change should not have to face “humiliating” questions such as those about “sexual preferences and such things”. However, Bär claimed that the people concerned should be made aware of the consequences of their choice.
Pride and LGBTQ+ Germany
Andrea Lindholz, the conservative CDU/CSU bloc’s deputy chair, told WDR 5 that the new law, which no longer required people changing their names and genders to report them to the police, could be abused for criminal purposes.
“If someone really wants to, they have it very easy in future,” said Lindholz. “They look for a new place to live, they go to the registry office, they change their gender and name, and then they have a new identity”.
Double names for married couples
The Bundestag also approved a law granting married couples and their children more choice and changeable last names during Friday’s session.
A sizable majority of people cast ballots in opposition to the far-right AfD.
Currently, married couples in Germany must choose a joint family name for both spouses. If they don’t, they keep the surnames they used before getting married.
What do weddings look like in Germany?
The new law allows married couples to take a double name made up of their combined last names, usually, but not necessarily, joined with a hyphen.
If the parents haven’t decided on a birth name, this double name will also serve as the birth name of any children born to the couple.
If one of the parents chooses to change the name of the children, in the event of a divorce, they will be able to do so. Children have been required to carry the name they had at birth, even if they live with a parent who has changed their name, unless a court determined that this was in contravention of the child’s best interests.
In Germany, the law also includes provisions for people of ethnic minorities. Frisians, for example, can give children a birth name derived from the first name of a parent, such as “Jansen” if the father’s first name is “Jan”.
