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BGH basic judgment: No third gender allowed in the birth register


BGH: "Female", "male" or no entry are possible
Karlsruhe (jur). Authorities do not have to provide for a third gender in the birth register for intersex people. The Civil Status Act only provides for the entry "female", "male" or a complete waiver of gender, the Federal Court of Justice (BGH) in Karlsruhe decided in a decision published on Thursday, August 4, 2016 (file number: XII ZB 52 / 15). Intersexuals could not have their gender entered as "inter" or "diverse".

In intersex people, the gender cannot be clearly determined after birth. The reason for this could lie in the sex chromosomes, the presence of female and male genital organs and / or also in the female and male sex hormones.

In the specific case, the sex of the now adult applicant was entered in the birth register as "female". But she is neither male nor female, but intersexual. Therefore, their gender must also be recorded in the birth register as "inter" or "diverse".

The Hanover District Court, however, rejected this entry in its judgment of October 21, 2014 (Az .: 85 III 105/14; JurAgentur report from the day of the judgment). There is no legal basis for the entry of "inter" or "divers". The specification of a third gender is not permitted.

This was also confirmed by the BGH in its decision of June 22, 2016. Legislators only stipulate “man” and “woman”. The question of whether intersexual people's fundamental rights are being violated no longer arises. Since a new legal regulation, children for whom the gender cannot be determined can be entered in the birth register without such information.

It also makes no difference to those affected whether a gender-related entry is omitted or an entry is made that cannot be assigned to an existing "gender". fle

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