Brussels – A member state’s legislation that refuses to recognize and record on a citizen’s birth certificate the change of first name and gender identity legally acquired in another member state is contrary to Union law.
The Court of Justice of the European Union issued the judgment in a case regarding a British-Romanian citizen who had been refused by the national authorities in Bucharest the recognition of his gender and name change obtained in Britain before Brexit. “The fact that the United Kingdom is no longer an EU Member State does not affect the application of EU law in that case,” the Court stressed.
The Court goes on to explain that the refusal of a Member State to recognize a change of gender identity lawfully acquired in another Member State hinders the exercise of the right to free movement and residence. Gender, like a first name, is a fundamental element of personal identity. The divergence between identities “resulting from such a refusal of recognition creates difficulties for a person in proving his or her identity in daily life as well as serious professional, administrative and private inconvenience.”
Finally, the Court states that a denial of recognition and “obliging the party concerned to initiate new proceedings for a change of gender identity in the Member State of origin, which expose him to a risk of those proceedings may lead to an outcome that is different from the outcome before the authorities of the Member State which lawfully granted that change of first name and gender identity, is not justified.” In that
context, it also notes that it follows from the European Court of Human Rights case law that States must provide a clear and foreseeable procedure for legal recognition of gender identity, which allows for a sex change.
