Disruptive Supreme Court ruling on sex determination or gender reassignment – no need to sue your parents! 

On 4 March 2025, a resolution of the full panel of the Civil Chamber of the Supreme Court was adopted, amending the existing procedure for changing the sex designation on the birth certificate.

The Supreme Court held that the request to change the sex designation on the birth certificate is subject to recognition by the court in non-trial proceedings. This is based on an analogy to Article 36 of the Law on Civil Status Records of 28 November 2014.

According to the Supreme Court, a person’s sex is an element of civil status. According to the Supreme Court, a person’s sex is a fundamental aspect of a person’s civil status. Therefore, all proceedings regulated by the above-mentioned Act that aim to bring about the correct content of the civil status record at the court stage are conducted in a non-procedural manner.

Discrepancies in case law – why was the intervention of the Supreme Court necessary?

The resolution was adopted in response to a request from the Prosecutor General. The key issue was whether, in an action for gender determination or gender reassignment, the defendant must include, in addition to surviving parents, the plaintiff’s undivorced spouse or children. Additionally, the question was raised whether their participation should be considered unitary co-participation.

The applicant referred to inconsistencies between two Supreme Court rulings:

• 6 December 2013 (I CSK 146/13) – The court held that the legal ties between a transsexual applicant and their non-divorced spouse and children justified mandatory and unitary co-participation in the proceedings (Article 73 § 2 in conjunction with Article 72 § 2 of the Code of Civil Procedure).
• 10 January 2019 (II CSK 371/18) – The Supreme Court ruled that, in gender reassignment cases, only the plaintiff’s parents have passive legal standing. In case of their death, a court-appointed guardian takes their place.

The Supreme Court emphasized that unifying case law is essential. A consistent legal standard is necessary to ensure stability in jurisprudence. It is also crucial for adequate protection of individuals seeking gender determination or reassignment.

The adoption of this resolution will help develop a uniform standard of proceedings. This, in turn, will contribute to greater legal clarity and stronger protection of the rights of those involved.

No more suing relatives – what does the new ruling change?

In the jurisprudential practice and the procedural model used by the courts so far, gender reassignment cases have been dealt with on the basis of Article 189 of the Code of Civil Procedure. Up to now, the procedure for gender determination or gender reassignment involved the necessity of bringing a lawsuit against one’s own parents. This practice

• caused emotional distress and family conflicts,
• forced parents to testify against their own child,
• complicated legal procedures and prolonged court decisions.

In some cases, the plaintiff’s spouse and children were also defendants. The new resolution eliminates this requirement by introducing non-trial proceedings, where no opposing party is necessary.

Non-litigious proceedings – a simpler and less conflictual legal path

Non-trial proceedings eliminate the need for bilateralism. Cases can be decided with only one party involved, as long as the matter concerns their personal rights. 

It should be noted that litigation is based on the assumption of the existence of a legal dispute between parties with opposing interests. However, gender reassignment cases do not stem from a legal conflict.

Additionally a judgment under Article 189 of the Civil Procedure Code applies only between the parties involved. However, a decision in a non-procedural proceeding (based on civil records law) has an erga omnes effect. This means that it is binding on everyone.

Who can apply for a change of gender?

The Supreme Court ruled that a change of the sex designation on a birth certificate can only take place at the request of the person concerned. The Supreme Court has recognized that the decision to change gender designation affects fundamental aspects of a person’s life and should only be made by that person.

Nevertheless, the Supreme Court also pointed out that, in addition to the applicant, only the applicant’s spouse can be a participant in the proceedings. Proceedings concerning the change of the sex designation on the birth certificate directly relate to the applicant’s personal rights. Therefore, it is justified to understand the legal interest in this type of case as narrowly as possible.

If the applicant is married, his or her spouse belongs to the group of persons whose legal interest is directly related to the outcome of the proceedings, thus exhausting the prerequisites under Article 510 § 1 of the Code of Civil Procedure.

Moreover, according to the Supreme Court, due to the personal nature of cases concerning the change of the sex designation on the birth certificate, the public prosecutor and the head of the civil registry office cannot be considered as entities entitled to make such a request.

How can we help?

Gender reassignment is a process that requires not only an understanding of the law, but also sensitivity and appropriate support. Our litigation lawyers will assist you in preparing to go through the procedure described above, as well as in clarifying any information you may need.