Genderfluid people (persons with a non-fixed gender identity that shifts over time or depending on the situation) will be able to change their gender or first name more than once at their local registry office from now on.
The decision comes in response to criticism from the Constitutional Court, which overturned parts of the 2017 Transgender Act. The judges objected to the "principle of irrevocability" of amendments to gender registration and first names as it comes into conflict with the principle of equality regarding persons with changing gender identities.
"It is important that the rights of trans people are respected. They should be able to adjust their gender registration according to their gender identity, without patronising or unnecessary procedures," said Federal Justice Minister Vincent Van Quickenborne.
"The Constitutional Court rightly noted that the original law fell short in this respect. We are now putting this right, so that trans people are recognised for who they are," he added.
No valid reason for extra hoops
Until now, people who wanted to change their gender registration or first name for the second time had to undergo a difficult legal procedure before a family court, according to the Transgender Act of 2017. Changing this gender registration or first name again after that was simply not possible.
Now, the Constitutional Court has stated that there is no valid reason to unnecessarily complicate or prohibit gender registration or first name changes for transgender people. Therefore, the new legal text removes the principle of irrevocability.
From now on, the legal procedure will be abolished and people will be able to change their gender registration or first name several times.
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Changes can be made through a simple procedure with the civil registrar, and it will therefore no longer be necessary to formally confirm a change in gender registration or first name.
However, the draft law will still have to get the green light from the plenary Chamber, but this is only the first stage in the reform as the intention is to also look into recognition for non-binary persons (those with any gender identity that does not fit the male-female binary spectrum).
The Constitutional Court stated that the lack of this option violates the principle of equality for those who do not identify themselves as either male or female. To this end, the government is calling on experts to define the outlines of the reform.
