In 2013, an intersex person in Germany launched a legal challenge to be allowed to change their gender in the country's birth registry. A little more than five years later, Germany's third gender law is going into effect, making it the first country in the European Union to offer a "third gender" option on birth certificates.

According to German broadcaster Deutsche Welle, roughly 80,000 people in Germany are intersex. Starting this year, they — along with parents of intersex babies — will be able to select a "divers" classification on birth certificates.

Since 2013, parents of intersex children have had the option to leave the gender box on birth certificates blank. This will remain an option under Germany's new law, CNN reported, but the country's top court ruled last year that this was not enough. In November 2017, Germany's constitutional court ruled that lawmakers must recognize a third sex from birth, arguing that providing only the binary "male" and "female" options is unconstitutional.

Lawmakers subsequently had until the end of 2018 to decide on what a third option would be, and to implement the necessary changes. As Business Insider pointed out, this ruling primarily affects intersex people in Germany — and not transgender people — because it is allowing people to select a nonbinary sex classification, rather than gender. As a result, LGBTQ rights advocates have called on Germany's new law to be more inclusive, according to CNN.

According to VICE, Germany's third gender law currently requires physicians to certify "gender variations" in order for a person to change their gender classification in the birth registry. Activists have called for this medical approval clause to be removed for several reasons. Intersex people have historically been subject to unnecessary and traumatic medical interventions, and requiring medical approval also prevents the third gender law from being more inclusive of transgender and nonbinary people who don't identify as men or women.

Advocates are nonetheless hopeful that the new law will create more visibility outside the gender binary and that it will serve as a first step to more inclusive gender laws, CNN reported. German advocacy group Dritte Option — translated as "Third Option" — has campaigned for a third gender option to be introduced on birth certificates, passports, and other official documents for years. According to Dritte Option's website, they supported this initiative "to create space and visibility for all genders."

Although Germany is the only country in the European Union to implement such a law so far, other European countries — Denmark, Malta, Ireland, Belgium, Portugal, and Norway — currently offer transgender individuals the option to retroactively change their gender markers on their birth certificates, although they do not have a third gender option on other official documents. Countries outside Europe, however — such as Australia, New Zealand, Canada, India, and Nepal — already have legislation in place similar to Germany's new gender law.

Advocates have heralded Germany's new law as progress, but are urging the country to go further by abolishing gender registration altogether, in order to be more inclusive of all genders and gender identities. They see the new law, which went into effect on Tuesday, as a first step toward that goal. </s> LONDON (Thomson Reuters Foundation) - A new German third gender option does not go far enough, campaigners said on Thursday, after Berlin became the first European government to introduce the choice for intersex people.

Germany’s cabinet on Wednesday voted to introduce a third category of “divers,” or various, alongside male and female on birth certificates and other official documents, complying with a federal court ruling.

LGBT campaigners said the move did not go far enough and called for new laws to make it easier for people who do not identify with the gender they were born to change their sex on official documents.

“For trans people, nothing has changed regarding the obstacles they face to change their registered name and gender,” Markus Ulrich, a spokesman for the Lesbian and Gay Federation in Germany told the Thomson Reuters Foundation.

The introduction of the new third gender category came after the Federal Constitutional Court called on lawmakers last year to enact legislation to either introduce a third category or dispense with gender altogether in official documents.

The ruling followed a court appeal brought by an intersex adult and said that courts and state authorities should no longer compel intersex people to choose between identifying as male or female.

In 2013, Germany became the first European country to recognize indeterminate sex by allowing babies born with no clear gender-determining anatomy to be put on the birth register without a male or female classification.

Richard Koehler, a policy advisor for Transgender Europe, said the new category would in theory require “invasive” tests to determine whether a person was intersex.

“Those who cannot or do not want to submit themselves to such invasive medicalization will remain excluded and without legal recognition. This is discriminatory,” he said.

Some campaigners however said the new law was a step in the right direction.

It makes Germany the first European country to allow the third option. Australia, New Zealand, Canada, India and Nepal have already done so.

“It is a step in the right direction and we hope other states will follow,” said Moritz Prasse, the spokesman of the Third Option campaign group, which backed the original legal challenge. </s> People in Germany can now legally identify themselves as a third gender if they do not fit biologically as either male or female.

The third option, divers – which roughly translates to various or miscellaneous – is included on official documents as of today, January 1.

It means intersex people will be able to register themselves as ‘various’ on driving licenses, passports and birth certificates.

Until now, their only option was to leave the gender entry blank.

The German government voted to introduce the third category in August, with both chambers of parliament approving the new law.

Last month, the Bundesrat upper house gave their backing to the third gender option.

The ruling will apply to babies born as intersex, with parents needing a doctor’s certificate to mark their child under the new category.

Adults registered as male or female will also need a medical certificate to change their gender marker.

The law change makes Germany the first EU country to allow parents to designate their intersex children as third gender.

But LGBT campaigners say the measure does not go far enough, as it requires a doctor’s certificate ‘proving’ a person is intersex.

They want new laws to make it easier for people who do not identify with the gender they were born with to change it on official documents.

Germany’s Association of Lesbians and Gays said: ‘If people feel seriously and sustainably not male or female, the law must allow them to legally register their status as they define it.’

It said lawmakers should make the third category open to any individuals who need it and want it without requiring medical statements.

Third Option – the campaign group that called for the change – said in a statement that the law ‘excludes many people who have been waiting’ for it, including trans people.

The introduction of the new category came after the Federal Constitutional Court called on lawmakers to enact legislation to either introduce a third category or dispense with gender altogether in official documents.

The ruling followed a court appeal brought by an intersex adult and said that courts and state authorities should no longer compel intersex people to choose between identifying as male or female.

Intersex people are born with a reproductive or sexual anatomy that do not fit the typical definitions for male or female bodies.

This can mean being born with both male and female genitalia, or have both XX and XY chromosomes in their cells.

For some intersex people, their condition is discovered at birth, but for others it is not discovered until puberty or when the person faces fertility issues as an adult. </s> Intersex people in Germany can now legally identify themselves as a third gender, under a new law adopted in December.

People who do not fit the biological definition of male or female can now choose the category "diverse" on official documents.

Those choosing the option will need a doctor's certificate to register.

Intersex people are born with both male and female sex characteristics, which can appear at birth or later in life.

Other countries have approved laws in recent years to help recognise intersex people.

Austria's constitutional court made a similar ruling to Germany's in June, while Australia, New Zealand, Malta, India and Canada have all passed measures to redress issues facing intersex citizens.

The UN says up to 1.7% of the world's population are born with intersex traits - about the same number of people with red hair.
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This is separate from a person's gender identity or sexual orientation.

But many face stigma, legal discrimination or even forced surgery because of these characteristics.

Germany previously allowed intersex people to opt out of choosing either male or female as a gender in 2013.

But in 2017 the country's top court ruled it was discrimination to deny people a gender, after a person registered as female had a chromosome test confirming they were neither sex.

Germany's parliament approved the law change last month, to come into effect on 1 January.

BBC Europe regional editor Danny Aeberhard says some people believe it is a step too far, while gender activists think the need for a doctor's certificate will make proof harder for intersex people without physical characteristics.
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BERLIN: The German government on Wednesday approved a draft law allowing a third gender option on birth certificates for babies who are not distinctly male or female.

In a move described by the justice minister as "long overdue", Chancellor Angela Merkel’s left-right coalition passed a bill permitting children born intersex to be registered as "various".

The measure follows a ruling by Germany’s top tribunal last November that current regulations on civil status are discriminatory against intersex people, noting that the sexual identity of an individual is protected as a basic right.

Germany has since 2013 allowed babies born with characteristics of both sexes to leave the gender options of male and female blank.

The Federal Constitutional Court gave parliament until the end of 2018 to amend the current legislation. The decision was in favour of an appeal brought by an intersex adult and said that courts and state authorities should no longer compel intersex people to choose between identifying as male or female. Intersex is a broad term encompassing people who have sex traits, such as genitals or chromosomes, that do not entirely fit with a typical binary notion of male and female. </s> The German Cabinet on Wednesday approved a draft bill that would add a third gender option to official identity records.

The bill allows intersexual people to register their gender as "divers," which translates roughly to "miscellaneous" or "other," and would come into force by the end of the year. Until now, people in a similar situation could only register without a gender.

The draft law follows a Constitutional Court ruling last year that found the current system violated a person's individual rights and anti-discriminatory laws.

The court had ruled on a case in which a plaintiff with one X chromosome but no second sex chromosome had tried unsuccessfully to change their gender at a birth register from "female" to third category. Females have two X chromosomes, while males have one X and one Y chromosome.

The judges found that authorities must choose to either scrap gender identification altogether or allow people in a similar situation to choose "another positive designation of their sex that is not male or female."

Wednesday's Cabinet decision still requires parliamentary approval before coming into force. However, Franziska Giffey, Germany's Social Democratic (SPD) minister for families, hailed the decision "an important step toward the legal recognition of people whose gender identity is neither male nor female."

Justice Minister Katarina Barley (SPD) also welcomed the draft bill, saying "it is long overdue that we finally modernize the Personal Statute Act" and that "no one may be discriminated against because of their sexual identity."

The Justice Ministry also indicated that it would draw up further laws aiming to get rid of other discriminatory regulations against intersexuals.

Each evening at 1830 UTC, DW's editors send out a selection of the day's hard news and quality feature journalism. You can sign up to receive it directly here. </s> A German law allowing intersex people to register a third gender on official documents has now gone into effect with the beginning of the new year.

Approved by parliament on 14 December, the law extends legal recognition to intersex individuals on documents such as birth certificates, making Germany the first country in the European Union to do so, reports CNN.

Germans have had the ability to leave the gender field blank on birth certificates since 2013, but they now have the option of identifying themselves as ‘divers’ (miscellaneous) rather than just male or female.

The new legislation came after a 2017 ruling that not allowing an intersex person named Vanja to change the gender marker on their birth certificate was unconstitutional

“I asked myself so many times what it means to be intersex; I often was upset when I had to decide which box to tick — male or female. I felt (like I was) being pushed into the corner, that I had to adjust non-voluntarily,” Vanja told CNN.

They plan to change their gender marker to ‘divers’ to celebrate the new law, saying they believe it will give them “a new feeling of peace”, but acknowledged that it was just one small step towards further intersex acceptance.

“Societal acceptance cannot be mandated by a court ruling, but it is a step in the right direction.”

The legislation has drawn criticism for requiring applicants who wish to be identified as ‘divers’ to undergo invasive medical examinations to prove they’re intersex.

Senior lecturer at London’s The City Law School, Grietje Baars, told CNN that subjecting intersex individuals to unnecessary medical examinations could potentially inflict further trauma on people who often have a history of “traumatic medical interference with their genitalia”.

Baars also believes it reinforces outdated views on gender being a biological trait.

“You can not simply decide gender by looking at people’s genitalia,” they said.

Baars stated that the German government should have abolished the gender field altogether.

“It’s like abolishing registering your religion or race on your ID or documents — it does not mean you can no longer be Catholic or black … those things are not the same. I am just saying that it is no business of the state to register and categorise people in that manner,” they said.

Criticism has also been aimed at the fact the legislation is limited only to intersex individuals, rather than anyone who doesn’t identify as male or female, such as trans or gender diverse people.

Speaking to the Thomson Reuters Foundation, a spokesman for the Lesbian and Gay Federation said, “For trans people, nothing has changed regarding the obstacles they face to change their registered name and gender.”

In Australia, gender recognition on official documents is generally the responsibility of state governments.

Australian passports allow the use of ‘X’ as a gender marker in situations where someone doesn’t identify as male or female, whereas driver’s licences in many states leave off gender altogether

In the Northern Territory it’s now possible to amend your birth certificate to reflect if you are intersex or gender diverse, while Tasmania’s lower house recently passed legislation which could give parents the option of leaving gender markers off of birth certificates.

Prime Minister Scott Morrison and federal Liberal MP Stuart Robert have both been vocally critical of the proposed changes in Tasmania, although their arguments have little to do with the contents of the actual legislation. </s> Image copyright EPA Image caption Intersex people can register themselves as such on birth certificates, passports and other official documents

Intersex people in Germany can now legally identify themselves as such under a new law adopted in December.

People who do not fit the biological definition of male or female can now choose the category "diverse" on official documents.

Those choosing the option will need a doctor's certificate to register.

Intersex people are born with both male and female sex characteristics, which can appear at birth or later in life.

Other countries have approved laws in recent years to help recognise intersex people.

Austria's constitutional court made a similar ruling to Germany's in June, while Australia, New Zealand, Malta, India and Canada have all passed measures to redress issues facing intersex citizens.

The UN says up to 1.7% of the world's population are born with intersex traits - about the same number of people with red hair.

This is separate from a person's gender identity or sexual orientation.

But many face stigma, legal discrimination or even forced surgery because of these characteristics.

Media playback is unsupported on your device Media caption Jeanette was 50 when she discovered the truth about her own body

Germany previously allowed intersex people to opt out of choosing either male or female as a gender in 2013.

But in 2017 the country's top court ruled it was discrimination to deny people a gender, after a person registered as female had a chromosome test confirming they were neither sex.

Germany's parliament approved the law change last month, to come into effect on 1 January. </s> BERLIN — Germany's Cabinet on Wednesday approved a third gender option for official records that will allow people to be registered as "diverse," complying with a ruling from the country's highest court.

In November, the Federal Constitutional Court decided that people must be allowed to be entered in records as neither male nor female, ordering authorities either to create a third identity or scrap gender entries altogether.

It ruled on a case in which a plaintiff sought unsuccessfully to have their entry in the birth register changed from "female" to "inter/diverse" or "diverse." Until now, the only other option was to leave the gender blank.

The plaintiff provided courts with a genetic analysis showing one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome. The court found that authorities could decide to do without any gender identity in civil registers or allow people in a similar situation to choose "another positive designation of their sex that is not male or female."

Wednesday's Cabinet decision to add a third gender option, "diverse," to the register of births requires parliamentary approval.

The center-left minister for families in Germany's conservative-led coalition government, Franziska Giffey, said it is "an important step toward the legal recognition of people whose gender identity is neither male nor female."

In neighboring Austria, the Constitutional Court ruled in June that authorities there must allow people to be entered in official records as something other than male or female if they so wish, but found no need to change that country's existing law since it doesn't specify explicitly that people's gender must be male or female.
A law recognising a third gender that can be administered for intersex people takes effect in Germany.