Changing assigned sex

To which civil status authority do I have to submit my application for a gender change or correction?

General information

In the central civil status register, the births

• of all Austrian nationals and
• everyone born in Austria (irrespective of nationality)

are recorded, along with their sex. Living in Austria Convention refugees and stateless persons or persons with undetermined nationality are also registered.

After the gender change or correction is approved, the data regarding the sex recorded is changed in the Central Civil Status Register (ZPR) and a new birth certificate can be issued upon request.

Requirements

Transidentity ("transsexuality"; gender dysphoria; gender incongruence)

Transidentity means that a person is medically assigned to a gender, but feels incorrectly or inadequately described in this gender or rejects any form of gender assignment and categorisation. The psychological gender or gender identity therefore does not match the biological gender (Statement of the Bioethics Commission at the Federal Chancellery on Intersexuality and Transidentity).

Having undergone gender reassignment surgery or divorce is not a requirement for a change of sex in Austria.

According to the jurisprudence of the highest court in connection with transidentity an irreversible feeling of belonging to the other sex and a clear approximation to the external appearance of the other sex is required for a change of sex (VwGH 15.09.2009, 2008/06/0032, VwSlg 17746 A/2009). As a rule, this can only be sufficiently clarified by obtaining an expert opinion.

For more information, please contact the authority conducting the procedure.

A report from a psychiatrist, psychotherapist or clinical psychologist is required containing:

• a statement that there is a sense of belonging to the opposite sex and that this is likely to be largely irreversible;
• confirmation that a clear approximation of the external appearance of the opposite sex is in evidence.

Intersexuality

We speak of intersexuality when it is medically uncertain whether a person should be classified as male or female due to atypical development of sex-differentiating characteristics (Statement of the Bioethics Commission at the Federal Chancellery on Intersexuality and Transidentity).

The case-law of the Constitutional Court has established an additional sex category – intersexuality – that is biologically separate from male or female. Intersexual individuals have a right to their sex category (= so-called "3rd gender") being recorded in the civil status register (VfSlg 20258/2018).

The terms 'divers', 'inter', 'open' or 'no indication' are available for recording the sex category.

The gender is usually determined for the first time by a doctor or midwife at birth. At the birth of a child, the following gender designations can be entered in addition to male and female: open, diverse or inter or no indication at all. Such an entry requires that it is not possible for the doctor or midwife to clearly assign the gender to male or female after the birth of the child.

According to the guidelines of the highest court jurisprudence, an application for the registration of an intersexual gender category can be approved under the following condition:
Submission of an expert opinion stating that the sex of the applicant person cannot be assigned to either the male or the female sex on the basis of his/her chromosomal, anatomical and/or hormonal development.

Relevant body

Applications for a change or correction of gender must always be submitted to a civil status authority.

The civil status authorities are the following:

• The registry office ('Standesamt') or registry office association ('Standesamtsverband') of the municipality
• In chartered urban districts_{^{German text}}: the registry office of the magistrate
  • In Vienna: the registry offices in Vienna 

An appeal against a decision by the department responsible for civil status ('Standesamt', registry office) can be filed with the relevant Regional Adminstrative Court. This must be submitted within four weeks to the authority which issued the decision.

Other administrative processes

Change of sex must take place before a new, gender-specific first name can be adopted, which is done via a change of name by adults or minors.

The registry office will subsequently issue on request a new birth certificate, which enables holders to apply for all other relevant documents to be reissued, such as:

• Confirmation of registration ('Meldebestätigung')
• Change of name in the certificate of citizenship ('Staatsbürgerschaftsnachweis')
• Passport reissue
• Duplicate driving licence

Further links

• Intersexualtity und transidentity – statement of the Bioethics Commission (→ BKA)^{German text}
• Change in civil status (→ City of Vienna)^{German text}
• Decision of the Supreme Administrative Court, VwSlg 17746 A/2009^{German text}
• Decision of the Constitutional Court, VfSlg 20258/2018^{German text}

Legal Basis

Sections 2, 41 Personenstandsgesetz (PStG 2013)