Change of gender and first name in the register of births according to § 45b PStG

  • Performance specification

    Persons with a gender development variant can make a declaration regarding their gender and first name. A gender variant exists if a person cannot be clearly assigned to a gender from a medical point of view, i.e. intersex or intersexual people.

    If such a gender variant exists, the person concerned can change or delete their gender details by submitting a corresponding declaration to the registry office. The gender designation can be changed to "male", "female" or "diverse". Alternatively, the information can be deleted altogether.
    The declaration can also be used to determine new first names.

     

  • Legal basis

    § Section 45b of the Civil Status Act (PStG)

    in conjunction with the ruling published by the Federal Court of Justice on 22 May 2020 (BGH XII ZB 383/19)

    § Section 46 Ordinance on Civil Status (PStV)

     

  • Required documents

    • Passport or identity card
      The explaining person.
    • Birth certificate
      If the person making the declaration was born abroad, an official translation is required.
    • Marriage certificate/ civil partnership certificate, if applicable
      If the person making the declaration is married or in a registered civil partnership, a marriage or civil partnership certificate is required.
      If the marriage or civil partnership was concluded abroad, an official translation is also required.
    • Interpreter
      If the person making the declaration does not have sufficient command of the German language, an interpreter must be involved at their request and expense

  • Prerequisite

    • Medical certificate
      A gender development variant is when a person cannot be clearly assigned to a gender physically (not psychologically!). This must be proven by a medical certificate.
    • Age of the person making the declaration
      For a child who is not yet 14 years old, only their legal representative can make the declaration. If the person making the declaration is still a minor but is already over 14 years of age, the declaration can only be made by the child him/herself. This declaration requires the consent of the legal representative.
      If the legal representative does not agree, the consent can be replaced by the family court if the change to the gender or first names is in the best interests of the child.

  • What else should I know?

    Competent authorities

    • The declaration can be submitted to the registry office of the place of residence. It becomes effective at the German registry office where the birth of the person making the declaration was notarised and which keeps the register of births.
    • If the birth was not notarised in a German register, the registry office that maintains the person's marriage or civil partnership register is responsible.
    • If this does not exist either, the registry office of the place of residence is responsible.

Responsible departments

Responsible staff