Transsexual Act

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Basic data
Title: Law on changing
first names and determining
gender
in special cases (Transsexual Law - TSG)
Short title: Transsexual Act
Abbreviation: TSG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Family law , civil status law
References : 211-6
Issued on: September 10, 1980
( BGBl. I p. 1654 )
Entry into force on: January 1, 1981
Last change by: Art. 2 para. 3 G of July 20, 2017 ( Federal Law Gazette I p. 2787 )
Effective date of the
last change:
October 1, 2017
(Art. 3 G of July 20, 2017)
GESTA : C066
Weblink: Text of the law
Please note the note on the applicable legal version.

The German Transsexual Act (TSG) was passed in 1980 with effect from January 1, 1981 under the title Act on changing first names and determining gender in special cases (Transsexual Act - TSG) . It relates to the socio-psychological transsexuality .

It should give people the opportunity to be legally determined in the gender role that matches their perceived gender identity and that deviates from their originally medically and legally determined gender.

It provides either the adaptation of the first name to the perceived gender affiliation ("small solution", §§ 1 ff. TSG) or the change of the gender entry in the birth register (change of the gender assignment under civil status law - "large solution", §§ 8 ff. TSG) . The determination of gender can be requested together with the change of first name or in a subsequent procedure.

Since the decision of the Federal Constitutional Court on January 11, 2011, the requirements for determining gender affiliation are currently the same as for changing first names. It is possible to change from “male” to “female” and vice versa.

In contrast to this, Section 22 (3) and Section 45b of the Civil Status Act in the version of the Act to Change the Information to be Entered in the Birth Register since December 22, 2018 regulate the declaration of gender and given names for people with variants of gender development. This regulation relates to genetic-anatomical intersexuality (so-called third gender ) and offers the additional option of entering the information " diverse " instead of leaving the gender entry open for people who cannot be assigned to either the female or the male gender . This is not provided for in proceedings under the TSG.

Substantive law

Legislation in Germany and case law of the Federal Constitutional Court

In October 1978 the Federal Constitutional Court ruled that human dignity and the basic right to free development of personality (Art. 2, Paragraph 1 in conjunction with Art. 1, Paragraph 1 of the Basic Law) required the gender entry in the birth register to be changed when it comes to was an irreversible case of transsexuality and a gender reassignment operation had been carried out.

According to the legal situation at the time, only § 47 PStG provided for the correction of an entry in the register if it subsequently turned out that the entry was incorrect from the start. This regulation was not applicable to the transsexual complainant, who was assigned to the male gender at her birth and thus entered in the birth register. Only later, after a gender reassignment operation, did she feel that she belonged to the female gender, which she wanted to have entered in the birth register instead of the male. At the same time, it was not possible at the time to have a first name that did not correspond to the gender entered in the birth register, in particular men could not have any additional female surname than "Maria". The applicant, who identified herself as female , should have kept her male maiden name.

In the opinion of the Federal Constitutional Court , the term “ correction ” used in the Civil Status Act could, if interpreted in accordance with the constitution, also denote the correction of information that was only subsequently incorrect. In order to resolve the conflict that arose for transsexuals from the discrepancy between the lived gender role on the one hand and the use of first names of the opposite sex in documents and ID cards on the other, a separate legal regulation should be resolved appropriately.

The legislature reacted with the Transsexual Act, which came into force on January 1, 1981. After that, both the first name and the sex determination in the birth register can be changed retrospectively, even if only with effect for the future. However, the data that is no longer up-to-date may only be disclosed to third parties to a very limited extent by the registry authorities.

Decisions of the Federal Constitutional Court on the TSG

The Federal Constitutional Court has since dealt with the TSG in numerous decisions and declared the following provisions to be unconstitutional:

  • Section 8 Paragraph 1 No. 1 in conjunction with V. m. Section 1, Paragraph 1, No. 3: The age limit of 25 years for changing the civil status (“big solution”) violates the principle of equality from Article 3 Paragraph 1 of the Basic Law.
  • § 1 Abs. 1 Nr. 3: The age limit of 25 years for changing first names ("small solution") also violates the principle of equality from Art. 3 Abs, 1 GG.
  • A person has to be addressed and written to after changing their first name according to their new understanding of their role. H. even if no gender reassignment surgery has (yet) been performed.
  • Section 7 (1) No. 3 stipulated that the change of first name becomes ineffective if the applicant marries. This regulation violates the constitutionally protected right to a name of a homosexually oriented transsexual as well as his right to the protection of his privacy as long as a legally secure partnership is not opened without losing the changed first name corresponding to his perceived gender. The standard is therefore not applicable until there is a new legal regulation. A new legal regulation is still pending.
  • § 1 Paragraph 1 No. 1: Prohibition of changing first names and § 8 Paragraph 1 No. 1 in conjunction with V. m. Section 1, Paragraph 1, No. 1: Prohibition of changing civil status for foreign transsexuals who are lawfully and not only temporarily in Germany, provided that their home law does not have comparable regulations. The regulation was still applicable, but the legislature had to create a new constitutional regulation by June 30, 2007. With Art. 3a of the law amending the Passport Act and other provisions, this happened with effect from November 1, 2007 (late). Since then, the TSG has also been applicable to stateless persons and foreign nationals living in Germany.
  • Section 8 (1) No. 2: It is unreasonable for a married transsexual that his legal recognition in the new sex requires that he divorce his spouse without being able to share his marital partnership with others, but equally to continue in a secured form. Until a new regulation comes into force, § 8 Paragraph 1 No. 2 (requirement of celibacy) does not apply. With the law amending the Transsexual Act , Section 8 (1) No. 2 TSG was repealed with effect from July 23, 2009.
  • § 8 Abs. 1 Nr. 3 and Nr. 4 violates Art. 2 Abs. 1 and 2, Art. 1 Abs. 1 GG insofar as a transsexual can only establish a registered civil partnership for the legal protection of his same-sex partnership if he has previously undergone a surgical procedure that changes his external sexual characteristics and is permanently unable to reproduce and is already recognized in the new sex under civil status law. This decision is significant in connection with the decision of December 6, 2005, which complained that a transsexual could not enter into a legally secure partnership without losing his changed first name. A marriage regularly led to the loss of the changed first name, and the establishment of a same-sex civil partnership was only possible after a gender reassignment operation . The Federal Constitutional Court has now eliminated these constitutional violations by allowing gender assignment under personal status law even without an adjustment operation. This means that there is no longer any need for involuntary infertility . The requirements for changing the civil status (“big solution”) and for changing the first name (“small solution”) have not differed since then.

The Federal Constitutional Court now decides which gender a person feels psychologically to belong to, documented by adjusting the first name and civil status. The biological sex, on the other hand, appears to be of secondary importance, with all practical consequences. Legally secure relationships such as marriage and registered civil partnerships, however, remain unaffected by a legal change in gender.

As a justification, the court refers to scientific knowledge about transsexuality. According to this, the desire and the implementation of gender reassignment operations - contrary to what was previously assumed - are not indicative of the presence of transsexuality. Rather, it depends on the stability of the transsexual desire, which requires individual solutions, from a life in the opposite sex without somatic measures to hormonal treatment and extensive surgical gender reassignment. The operation request alone is therefore no longer viewed by experts as a reliable diagnostic criterion for the presence of transsexuality .

Requirements for changing the first name and gender assignment under civil status law

For both processes it is necessary according to § 1 Abs. 1 Nr. 1 to 3 TSG that the applicant

1. Due to her transsexual character, she no longer feels that she belongs to the sex specified in her birth entry, but to the opposite sex and has been under pressure to live according to her ideas for at least three years,

2. It can be assumed with a high degree of probability that their sense of belonging to the opposite sex will no longer change, and

3. They

a) is German within the meaning of the Basic Law,
b) as a stateless or homeless foreigner is habitually resident in Germany,
c) is domiciled in Germany as a person entitled to asylum or as a foreign refugee, or
d) as a foreigner whose home law does not have any regulation comparable to this law,
aa) has an unlimited right of residence or
bb) has an extendable residence permit and is legally resident in Germany at all times.

Parent-child relationship

  • If only the first name has been changed, this will automatically become ineffective upon the birth of a child conceived afterwards (Section 7 Paragraph 1 No. 1 and 2 TSG). Thereafter, if for "serious reasons it can be assumed that the applicant continues to feel that he belongs to the gender not corresponding to his birth entry", the first names can be changed again upon request to those that were recorded until the decision became ineffective (Section 7 subs. 3 TSG). For example, rape victims can regain their desired first names.
  • Changes to first names and gender are still valid after the birth of a child conceived afterwards. However, the decision according to the TSG does not take into account the biological children (§ 11 sentence 1 TSG). Accordingly, in the case of children, regardless of the time of their birth, the first name and gender of the birth parents must always be given as they were before the TSG decision; The family relationship is also to be noted in the child's birth entry as if the decision according to the TSG had not taken place. This means, for example, that trans men who give birth to a biological child are recorded as their mother in the birth record.
  • In the case of adoptive children, the legal relationship depends on the time of adoption : The first names and gender information valid at the time of adoption of the child always apply, regardless of any previous or subsequent decisions under the TSG (Section 5 (3) and Section 11 (1) TSG).
  • The legal relationship with the parents is not influenced by a decision made under the TSG (Section 11 sentence 1 TSG).

Continue

  • According to § 63 PStG, a change in the first name or the gender entry leads to a blocking of information regarding the birth register and, if applicable , the marriage register , so that information can only be given to the transsexual himself and, if necessary, to his or her spouse or partner, but not to other relatives or authorities or courts. This also automatically leads to an unlimited block of information for the population register . ( Section 51 (5) BMG)
  • The Federal Central Tax Office (BZSt) receives a change message from the registration office in which the employees also have to notify the information block. However, new tax identification numbers are not assigned. Since locks have their own key number due to a TSG resolution, all persons with a TSG resolution are known to the Central Office. In contrast to locks that were initiated for security reasons, the BZSt does not acknowledge the lock to the registration office.
  • Any entitlement to pensions or other recurring benefits linked to the person's gender at the time the decision becomes final remains unaffected by the change in the gender entry. ( Section 12 TSG) In practice, this only affects a few special cases, such as the (expiring) old-age pension for women . Future pension entitlements, however, are always based on the new gender entry.

Legal situation in Europe

Regardless of the decisions at national level, the European Court of Human Rights (ECHR) ruled in favor of a British plaintiff in 2002 that Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) implies the duty of a state to act as a transsexual to legally recognize any gender reassignment surgery as belonging to the new gender.

The ECHR also ruled that the state is violating its obligations under Article 12 of the ECHR if it prevents transsexual people from entering into a marriage with a partner of the (now) opposite sex after surgery.

The European Court of Justice (ECJ) ruled as early as the 1990s that the principle of equal treatment for women and men is violated if a transgender person is dismissed because of an intended or implemented gender reassignment.

A member state of the Community violates the principle of equal treatment for men and women laid down in Art. 141 of the Treaty establishing the European Community (ECT) if it makes it impossible for a transsexual person who has undergone surgery to marry a person of the opposite sex.

Finally, the principle of equal treatment of men and women in the area of ​​social security ensures that a transgender woman is treated equally with regard to the retirement age as women whose gender is not the result of an operative gender reassignment.

With the Gender Recognition Act of 2004 these requirements were implemented in Great Britain.

In other European countries there is also the possibility of legal recognition of transsexuals in their perceived gender. Some countries require a gender reassignment operation (such as France and Turkey), others at least an optical adjustment through hormone therapy or the inability to reproduce (Belgium, Italy, the Netherlands, Finland, Poland, Sweden). Austria, Spain and Great Britain do not ask for either. What these countries have in common, however, is a decision based on medical reports.

Denmark (2014), Malta (2015), Ireland (7/2015), Norway 6/2016 and Belgium 1/2018 have introduced an application procedure without a psychological assessment for the legal recognition of gender identity (change of civil status and name). In Sweden there is an ongoing legislative process aimed at abolishing psychological assessment.

Because of social reservations and bureaucratic hurdles, the Council of Europe passed a resolution in April 2015. Discrimination on the basis of gender identity should be prevented, and the gender entry on identity cards , birth certificates and other documents should be able to be changed “quickly, transparently and easily”. The representatives of Germany in the Council of Europe agreed.

Procedure

The procedure begins with a written application from the transsexual. The district court at the seat of the regional court in whose district the person is domiciled is responsible; however, the vast majority of federal states have issued deviating statutory ordinances, whereby one court is usually responsible for the entire state. The Schöneberg District Court in Berlin is responsible for Germans abroad .

The procedure is a highly personal one, which in principle cannot be carried out by a legal representative. However, if the transsexual is incapacitated, a legal guardian can initiate this procedure on behalf of the person being cared for; he needs the approval of the supervisory court for this. With its judgment of January 24, 2017, 10 WF 80/16, the Brandenburg Higher Regional Court made it clear that the practice of additionally engaging a family court for children and adolescents after the age of 7 is inadmissible, as these are not legally incompetent persons .

Since September 1, 2009, the court has been acting in accordance with the Act on the Procedure in Family Matters and Matters of Non-contentious Jurisdiction (FamFG). The so-called official investigation principle applies , ie the court determines the relevant facts ex officio. In particular, it obtains two independent reports from experts who, due to their training and professional experience , are sufficiently familiar with the particular problems of transsexuality . The reviewers also have to comment on whether, based on the findings of medical science, the applicant's sense of belonging will with a high degree of probability no longer change (Section 4 (3) TSG). The applicant has the option of proposing trusted experts in his application.

In addition, the court hears the applicant personally.

Apart from the applicant, nobody is involved in the process. (Until 2017, a "representative of the public interest" took part in the procedure, which was supposed to represent the interests of third parties, in particular the children and parents of the applicant. This function was performed, for example, by officials from the specialist administrations, e.g. The supervisory authorities responsible for civil status law.)

Financially needy to legal aid request and in particular not burdened with the costs of medical assessment.

Current reform approaches

Abolition of the review process

In 2011, a nationwide, non-party working group made up of interested organizations and individuals was formed to promote further reform of the TSG. In a joint consensus paper dated June 1, 2012, the following central demands were named:

  • Realization of trans people's right to self-determination by abolishing appraisal and judicial proceedings.
  • Repeal of the TSG as a special law and integration of necessary regulations into existing law.
  • Instead of judicial proceedings, change of first name and civil status upon application to the authority responsible for civil status.
  • Expansion of the prohibition of disclosure; Inclusion of violations in the law of administrative offenses.
  • Legal protection of the health insurance companies' obligation to provide benefits for gender reassignment measures (hormone therapy, operations, follow-up measures such as epilation).

On the part of politics, there have been repeated suggestions for changes to establish a constitutional legal status, but these have not yet been implemented.

On the basis of an evaluation of 670 reports according to the Transsexual Act, various medical professionals recommend replacing the current legal regulation with a procedure without an assessment and with a waiting period.

Equality between trans and intersex people in civil status law

Since September 2014 there has been an inter-ministerial working group on the situation of intersex and transgender people chaired by the Federal Ministry for Family, Seniors, Women and Youth . Further legislative changes are to be discussed with the involvement of interest groups.

Since May 2017 a draft law of the Green parliamentary group has been in the Bundestag, which provides for the replacement of the current transsexual law with a self-determination law. On June 2, 2017, following a signature campaign by numerous interest groups in the Federal Council , it was decided to strengthen the right to self-determination: "The Federal Council calls on [...] the Federal Government to [...] work to ensure that the TSG is immediately in accordance with the results of the Opinion is repealed and replaced by a corresponding modern law for the recognition of gender identity and for the protection of self-determination in gender allocation. ”However, whether and how quickly a new draft law should be implemented is left open.

With effect from December 22, 2018, § 22 Paragraph 3, § 45b PStG new version created the possibility for people with variants of gender development to have the civil status case entered in the birth register with the gender indication " diverse ". The new regulation only applies to intersex people, but transsexual people have also made use of the right to apply. According to the rulings of the highest court, the TSG assumes a binary gender system, in which it only differentiates in Section 8 (1) TSG between "the one specified in the birth entry" and the "opposite sex". However, the provision can be applied analogously to cases in which biologically female or male persons do not feel they belong to either of these genders.

In May 2019, the Federal Ministry of the Interior and the Federal Ministry of Justice presented another ministerial draft. The draft was intended to regulate the material requirements for changing gender entries and first names for both intersex and transgender persons in the personal law of the German Civil Code (BGB) (Sections 18–20 BGB-E).

This draft met with fierce criticism because, among other things, professional associations were called upon to submit a statement within 48 hours. More than 30 comments were submitted, all of which rejected the new draft because it continues to provide for unequal treatment between trans and intersex people in the process. While intersex people can change their first name and civil status entry by declaring to the registry office ( Section 22 (3), Section 45b of the PStG), this option has been withheld from transsexuals. It was also criticized that spouses should also be heard and a three-year embargo should be introduced. Most of the Transsexual Act would be moved to the Civil Code. Due to considerable protests, this draft bill was discussed with Justice Minister Katarina Barley at an appointment at the BMJV , but was not subsequently pursued. Interest groups suspect that the Federal Ministry of the Interior wanted to close the new option under Section 45b PStG with this draft bill .

In 2020 the democratic opposition parties made a further push to reform transsexual law and presented new draft laws. These met with broad approval from the interest groups, which have now also been made an issue in the Bundestag. However, the Union parties still considered an obligation to provide evidence to be necessary and announced that they would present their own draft law.

On June 19, 2020, the German Bundestag debated a first reading of a draft law by Bündnis 90 / Die Grünen to repeal the transsexual law and introduce a self-determination law and a draft law by the FDP “to strengthen gender self-determination”.

literature

  • Laura Adamietz: Legal Recognition of Transgender Gender and Anti-Discrimination on a National Level - On the Situation in Germany. In: Gerhard Schreiber (Ed.): Transsexuality in Theology and Neuroscience. Results, controversies, perspectives. De Gruyter, Berlin 2016, pp. 357–372.
  • Gerhard Sieß: The change in gender. The Transsexual Act and its Practical Application in the Voluntary Jurisdiction. (= Konstanz writings on jurisprudence. Volume 103). Hartung-Gorre, Konstanz 1996 - obsolete since the FamFG came into force on September 1, 2009 -
  • Friedemann Pfäfflin: Assessment of transsexuality. In: K. Foerster (ed.): Psychiatric assessment. Elsevier, Munich 2004, pp. 525-538.
  • Michael Grünberger: The reform of the transsexual law: big leap or small steps? 2007. (pdf. Accessed October 27, 2014)
  • Dominik Groß, Christiane Neuschäfer-Rube, Jan Steinmetzer: Transsexuality and Intersexuality. Medical, ethical, social and legal aspects. Berlin, 2008, ISBN 978-3-939069-55-3 .
  • Munich Commentary on the FamFG. 2nd Edition. 2013, ISBN 978-3-406-61017-2 .

Web links

Individual evidence

  1. bundesverfassungsgericht.de
  2. Application of the Personal Status Act by transgender and intersex people Answer of the Federal Government to a small inquiry, BT-Drs. 19/17050 of February 5, 2020, p. 2.
  3. Decision of October 11, 1978 - 1 BvR 16/72
  4. ^ Bombardment of March 16, 1982 - 1 BvR 938/81 - guiding principle
  5. Decision of January 26, 1993 - 1 BvL 38,40 and 43/92
  6. Decision of August 15, 1996 - 2 BvR 1833/95
  7. Decision of December 6, 2005 - 1 BvL 3/03
  8. attack of 18 July 2006, 1 BvL 1 and 12/04
  9. from July 20, 2007 ( Federal Law Gazette I p. 1566 , PDF)
  10. Decision of May 27, 2008 1 BvL 10/05 . Press release. Retrieved October 27, 2014.
  11. Law amending the Transsexual Act of July 17, 2009 ( Federal Law Gazette I, p. 1978 , PDF)
  12. Decision of January 11, 2011 1 BvR 3295/07 decision in full text
  13. Decision of January 11, 2011 1 BvR 3295/07 press release
  14. Decision of December 6, 2005 - 1 BvL 3/03
  15. Guido Kleinhubbert : The father of the birth. In: Der Spiegel. 37/2013, September 9, 2013. Retrieved October 27, 2014.
  16. Decision of January 11, 2011 1 BvR 3295/07 Decision in full text, margin no. 29 ff.
  17. a b c d Court of Appeal , decision of October 30, 2014, Az. 1 W 48/14
  18. Man-to-woman: BGH decision of November 29, 2017, Az.XII ZB 459/16
  19. Woman-to-man: BGH decision of September 6, 2017, Az.XII ZB 660/14
  20. a b c d FAQ for registration authorities on XMeld version 2.3. (PDF) valid from November 1st, 2017. Federal Central Tax Office, December 15, 2017, p. 47 , archived from the original on February 5, 2018 ; Retrieved on February 5, 2018 : "In the case of an adoption or a change due to the Transsexual Act, the person concerned keeps their already assigned tax identification number. It follows that the change associated with the case must be reported to the Federal Central Tax Office with an XMeld message 0502. Please note that in the change message in the event of an adoption, key 6 and, in the case of a gender change, key 12 of the key table for the information and transmission blocks are given. Sending an XMeld message 0510 (deregistration after unknown) and requesting a new tax identification number via XMeld message 0500 is not permitted in these cases. "
  21. a b c d e Specification OSCI-XMeld 2.3. (PDF) Version dated January 31, 2017. Coordination Office for IT Standards, Bremen, p. 581; 636; 645-646; 1366 , archived from the original on February 5, 2018 ; accessed on February 5, 2018 .
  22. ECHR, judgment of July 11, 2002, App.No. 28957/95 - Goodwin vs. UK; ECHR, ruling v. July 11, 2002, App.No. 25680/94 - I. vs. UK
  23. ECHR, App.No. 28957/95 - Goodwin vs. UK, ECHR, App.No. 25680/94 - I. vs. UK
  24. ECJ, judgment of April 30, 1996, Case C-13/94 - P & S v. Cornwall County Council = 1996 ECR, 2143 Rn. 21-23. The decision was made to Directive 76/207 / EEC , which is now by the Directive 2003/73 / EC has been amended substantially and by the Directive 2006/54 / EC implementing the principle of equal opportunities and equal treatment of men and women in employment and occupation v. July 5, 2006, OJ. EC No. L 204 v. July 26, 2006, p. 23 has been replaced with effect from August 15, 2009.
  25. ECJ, judgment of January 7, 2004, case C-117/01 - KB vs. National Health Service Pensions Agency = Coll. 2004, 541 Rn. 25-36
  26. ECJ, judgment of April 27, 2006, Case C-423/04 - Richards vs. Secretary of State for Work and Pensions = Coll. 2006, 3585 Rn. 21-33
  27. ^ Federal Constitutional Court decision of January 11, 2011 1 BvR 3295/07, margin no. 26th
  28. ^ Federal Constitutional Court decision of January 11, 2011 1 BvR 3295/07, margin no. 26th
  29. queeramnesty.de
  30. tgeu.org
  31. teni.ie
  32. ggg.at
  33. [1]
  34. Michael Graupner: Transsexuality: Struggle for Identity. In: FAZ. January 16, 2016, last accessed on January 16, 2016.
  35. for example in the proceedings at the AG Munich
  36. BT-Drs. 8/2947 : Draft of a law on changing first names and determining gender in special cases (Transsexual Act - TSG), p. 22.
  37. Art. 2a G of July 17, 2017 ( Federal Law Gazette I pp. 2522, 2530 )
  38. Federal Anti-Discrimination Agency: Link to the paper on the reform of transsexual law . Retrieved November 5, 2014.
  39. Referent draft on the reform of transsexual law, Federal Ministry of the Interior, April 7, 2009.
  40. BT-Drs. 17/2211 : Bill by the Bündnis90 / Die Grünen parliamentary group: The TSG is replaced by the law on changing first names and determining gender (ÄVFGG). The procedure is simplified and settled at the registry offices. Thus, the basic rights of transsexual people and current scientific knowledge are taken into account.
  41. BT-Drs. 17/5916 : Bill of the parliamentary group Die Linke: Guaranteeing sexual human rights for transsexuals, transgender and intersexual people - repeal the transsexual law.
  42. Bernd Meyenburg, Karin Renter Schmidt, Gunter Schmidt: Assessment according to the transsexual law. In: Journal of Sex Education. 28/2015, pp. 107-120. ISSN  0932-8114
  43. Federal Ministry for Family, Seniors, Women and Youth: Working group "Intersexuality / Transsexuality". Communication dated October 29, 2015.
  44. Volker Beck et al: Draft of a law to recognize the self-determined gender identity and to change other laws (Self-Determination Act - SelbstBestG). May 10, 2017. Retrieved July 18, 2017 .
  45. ↑ List of signatures calling for the TSG to be abolished. Retrieved January 5, 2018 .
  46. Demand to the federal states to abolish the TSG assessment. Retrieved January 5, 2018 .
  47. Resolution of the Federal Council on the repeal of the transsexual law as well as on the drafting of a law for the recognition of gender identity and for the protection of self-determination with regard to gender allocation. Federal Council, June 2, 2017, accessed on July 18, 2017 .
  48. Valerie Höhne: Change of gender by certificate: Transsexuals use loophole in the law . In: Spiegel Online . April 26, 2019 ( spiegel.de [accessed September 2, 2019]).
  49. BGH, decision of April 22, 2020 - XII ZB 383/19 para. 35.
  50. Jessica Heun: BGH to gender identity: the self-determined sexual Legal Tribune Online , May 25, 2020th
  51. Juliane Loeffler: We are publishing the draft law for a reform of the transsexual law. In: Buzzfeed News DE. Retrieved September 2, 2019 .
  52. Referent draft of the Federal Ministry of Justice and for Consumer Protection and the Federal Ministry of the Interior, for Building and Home Affairs: Draft of a law for the new regulation of the change of the gender entry
  53. Gender in the BGB? FamRZ May 15, 2019.
  54. Julia Monro: Community and associations are angry about the draft of the TSG reform. In: §45b PStG. May 10, 2019, accessed on September 2, 2019 (German).
  55. Degrading: Trans woman is asked about masturbation behavior. Retrieved August 3, 2020 .
  56. FDP, Greens and the Left criticize the Transsexuellengesetz German Bundestag, accessed on August 17, 2020th