Cross-border Recognition of Gender Reassignment

Mateusz Pilich

Chapter 4 in Private International Law and Global Crises, 2026, pp 53-77 from Edward Elgar Publishing

Abstract: This chapter addresses the issue of cross-border recognition of a change of the gender marker in birth certificates. Modern legal systems in the Western world generally protect the right of individuals to self-identify with a specific gender. There are, however, jurisdictions breaking from this general trend. Furthermore, the right to self-determination differs between national legal systems in terms of both procedural form and extent of the protection granted. The author draws attention to the limited usage of the choice of law rules for resolving gender matters. This issue is traditionally connected with the personal status of an individual and is generally subject to the national law of the individual concerned. The operation of law of nationality of the interested person has been diminishing due to the combined influence of human rights and EU citizenship doctrines. The obligation to recognize the change of legal gender has been openly declared in the recent CJEU judgment in Mirin. However, a change of the tide still appears possible given the political sensitivity of the issue.

Keywords: Civil status of natural persons; International family law; Gender reassignment; Cross-border recognition; Applicable law; Jurisdiction; Human rights; EU law influence (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035360192
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