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Who can change their gender?
Legal transitioning
Legal transitioning process
Life after transition
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How to change your gender?
For a comprehensive guide on how to change your gender in France, we recommend you to read this article.
Initially, changing your gender on civil registration was not allowed in France. Indeed, this restriction was based on the fact that changing your gender identity didn’t match the sex you were assigned at birth.
Following the condemnation of France by the European Court of Human Rights based on the Article 8 of the ECHR, things started to change.
Changing your gender on civil registration was first only upon providing evidence of a medical treatment resulting in sterility.
Then another requirement replaced the one above: the individual had to provide evidence of a hormonal treatments with irreversible effects. The condition of sterility was remaining (Civile 1re 7 june 2012, n° 10-26.947 et n° 11-22.490).
In 2016, France introduced legal reforms that simplified the process for changing your gender.
Our law firm will be pleased to support and help you during your transition.
We can arrange an appointment within 48 hours either at our office, through a phone call or via video chat.
We can assure you to listen with compassion and understanding. As a pioneer French firm in the metaverse, we would also be thrilled to invite you to our virtual offices.
how to change your gender
Who can change their gender?
Can a minor change their gender?
Regarding the law of 2016, November 18th, a minor can change their gender only if they are emancipated.
However, it occurs that some jurisdictions allow a minor to change their gender.
This is what the Court of Appeal of Chambéry recently ruled on January 25, 2022. This case concerned a 17-year-old minor. He had changed his first name, had hormone therapy, and presented himself to the world as the gender with which he identified. His parents agreed to the gender change. The family court judge ruled that refusing to change the sex on the minor’s civil registration was disproportionate with the minor’s private life (Article 8 of the ECHR). The judge therefore authorised the minor to change his gender, even though this is not provided for by the law of November 18, 2016.
Can an emancipated minor change their gender?
Yes!
Can a person over-18-year-old change their gender?
Yes!
how to change your gender
Legal transioning
Which conditions to change your gender in France?
The French 18th November 2016 law is innovative as the basement is gender expression.
Gender expression refers to the way an individual presents their gender identity to others through clothing, hairstyle, behaviour, voice, or other outward characteristics.
It is a personal and external manifestation of one’s internal sense of gender. Gender expression can vary widely and is not necessarily tied to a person’s assigned sex at birth or their gender identity and is mentioned in the French law article 61-5.
How to evidence a change in your gender?
Trans people can officially change their name, gender and/or sex on legal documents.
This can be evidenced with:
- Letters and certificates from medical professionals confirming that the change of gender is permanent
- Signed statement from anyone (friends, colleagues, relatives) who identifies the person as a crossdresser or anything showing the change.
Are medical transitioning or gender affirming surgery compulsory to legal transitioning?
Not anymore!
Sex and gender are two separate terms regarding the French law article no 61-6 alinea 3.
how to change your gender
Legal transitioning process
Can I go to my town hall civil registration services to legal transitioning?
No!
You have to apply for and obtain an order to acknowledge your gender identity issued by the family law judge.
Changing your gender is more difficult than changing your name as you can go to your town hall civil registration services to do so.
I live in France. Where can I get my gender changed?
To legally change your gender you have to petition the nearest court of justice near you.
I’m a French citizen born abroad. Where can I get my gender changed?
To change your gender you have to go to the court of justice in Nantes.
I’m a refugee, or I am in subsidiary protection, where can I get my gender changed?
To change your gender in that case you have to go to the court of justice in Paris.
Is a lawyer compulsory to change my gender?
No!
It’s not compulsory, however we strongly advise you to get a family law lawyer to speed up the process and your chance of success.
how to change your gender
Legal transitioning process: …Next
Gender change: how a family law judge processes the request?
If all the paperwork has been completed the family law judge decision is issued directly without any hearing.
If needed, the family law judge can request a hearing. A petition is sent to the customer with the date, time and place of the hearing.
The hearing is not open to the public and will be at the family law judge’s office. Only the customer, the lawyer, the chief prosecutor, the family law judge and a clerk will be present.
Can I request to change my firstname as my gender at the same time?
Yes!
Within the application form you can also request to change your firstname.
Is the surgery supported by “la sécurité sociale” which is the health system in France?
The surgery is supported by the French health system only if your GP has detected a gender dysphoria a long time ago. Other fees will be supported by your health shield.
However, if a healthcare provider charges fees that exceed the standard rates set by the health system you will be responsible to pay out of pocket.
Legal transitioning process in the UK
The process typically includes the following:
- Medical Diagnosis and Treatment:
Individuals seeking to change their legal gender in the UK often start with a diagnosis of gender dysphoria by a qualified medical professional. This diagnosis may lead to medical treatments, such as hormone therapy or gender confirmation surgery.
- Living in the Acquired Gender:
The individual is usually required to live in their acquired gender for a specified period. This period may vary, but it is commonly two years. During this time, individuals are expected to present themselves in their acquired gender on a day-to-day basis.
- Application for a Gender Recognition Certificate (GRC):
To legally change gender in the UK, individuals can apply for a Gender Recognition Certificate (GRC). This involves submitting an application to the Gender Recognition Panel. The application requires evidence of living in the acquired gender and, in some cases, a diagnosis of gender dysphoria.
- Medical Reports and Other Documentation:
Supporting documentation, such as medical reports and a statement from the applicant, is typically required as part of the application process.
- Review by the Gender Recognition Panel:
The Gender Recognition Panel reviews the application and supporting documents. If satisfied, they issue a Gender Recognition Certificate.
- Change of Legal Gender:
Once a Gender Recognition Certificate is obtained, individuals can use it to update their legal gender on official documents, such as passports and driving licenses.
Legal transitioning process in the US
Legal transitioning in the United States can vary by state, as family law, identification documents, and policies related to gender marker changes are often governed at the state level. However, there are some general processes and steps commonly followed:
- Change of Name:
Individuals typically start the legal transitioning process by legally changing their name through the court system. This involves filing a petition, attending a hearing, and obtaining a court order for the name change.
- Gender Marker Change on Identification Documents:
The process of changing the gender marker on identification documents, such as driver’s licenses and identification cards, varies by state. In many states, this change may require a letter from a healthcare provider indicating that the individual has undergone appropriate clinical treatment for gender transition.
- Gender Marker Change on Birth Certificates:
Changing the gender marker on a birth certificate also varies by state. Some states allow for changes with documentation from a healthcare provider, while others may require a court order.
- Social Security Administration (SSA) Update:
Updating the gender marker with the Social Security Administration is typically done by submitting a gender designation form along with supporting documentation.
- Passport Update:
The U.S. Department of State allows individuals to change the gender marker on their passport with a written statement from a physician confirming clinical treatment for gender transition.
- Employment and Education Records:
Individuals may need to update their gender marker with employers and educational institutions. This process may involve contacting human resources departments or registrars and providing the necessary documentation.
- Access to Gender-Affirming Healthcare:
Some individuals may pursue gender-affirming healthcare, including hormone therapy or gender confirmation surgery, as part of their transition. Access to such healthcare may vary depending on factors like insurance coverage and individual healthcare provider practices.
how to change your gender
Life after transition
Can you be non-binary in France?
No!
Non-binary genders are not recognised in French law. There is no provision for the recognition of any gender (Civile 1re, 4 mai 2017, n°16-17.189).
I’m successful in my application, will my civil registration be updated?
Yes!
Your change of gender will be recorded on your birth certificate by the chief prosecutor (article 61-7, al. 1 du Code civil).
When the customer is married, the change of gender will be recorded both on your partner’s birth & marriage certificate if they give consent.
If you’re in a civil partnership such as PACS in France, you’re partner birth certificate will be updated without their consent.
If you’re the parent of an over-18-year-old child, your change of gender will be recorded on your child’s birth certificate if they give consent.
If you’re the parent of a minor, your change of gender will be recorded on your child’s birth certificate only with the consent of the other parent (article 61-7 al 2 du Code civil).
When can you change your passport and other identity documents?
Once your civil registration is complete you can apply to update your passport and other official identity documents.
My application has not been approved, can I appeal?
Yes!
You can appeal up to 15 days after the service. You must then get a lawyer.
Despite tax stamp and other extra fees, the cost to appeal will be between €3,000 and €4,000.
Is a lawyer compulsory if my application has not been approved?
Yes!
A lawyer is compulsory.
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PacisLexis Family Law
You want to learn more about changing your gender?
Pacislexis Family Law will advise and follow you every step of the way throughout you change of gender journey.
Once you are sure about changing your gender, we advise you to seek for a lawyer to get a legal opinion on your circumstances.
If all the legal requirements to change your gender are met, we will draft your application and provide all the legal paperwork to the family law judge.
If not, we will give you the keys to apply to change your gender and for your request to be approved.
In such condition, we strongly advise you against applying without a lawyer.
PacisLexis Family Law
Our articles about civil registration
Child Neglect
For some parents it may be difficult to care of a minor child. There are many forms of neglect, and it can happen at any age. Parents can’t provide for or meet a child’s basic needs and it includes food, clothing, medical care or supervision.
Sometimes a parent might not be aware that they can’t meet a child’s needs or don’t simply have the skills necessary for good parenting. For them, the child is not in danger. Legally speaking, it doesn’t matter if they are aware or not that they are neglecting their child(ren).
Lifetime gifts
In France there are 2 types of lifetime gifts:
– ‘la donation simple’: in France, ‘la donation simple’ or lifetime gift is any gift that you give away to another person whilst you are still alive . A gift is a transfer of anything such as item, property or money.
The individual can be an heir, a friend or a charity. Please note that if the individual is an heir, the gift(s) that you have made can still make up part of the value of your estate and either can be challenged by the other beneficiaries or heirs and taxed.
Child guardianship
In France, guardianship for children is governed by the French Civil Code (Code Civil). Guardianship typically arises in situations where child’s parents are unable to care for them due to various reasons such as death, incapacity, or parental responsibility withdrawal.
Special guardianship is a family court order that places a child or a minor in long-term care with someone other than their parents.