Parents lose before the Federal Supreme Court16-year-old may change gender entry
SDA
5.12.2024 - 12:00
A married couple has appealed in vain to the Federal Supreme Court to change the gender entry of their 16-year-old daughter in the civil register. The parents do not consider the official responsible to be qualified to assess the teenager's capacity for judgment.
Keystone-SDA
05.12.2024, 12:00
05.12.2024, 12:30
SDA
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A 16-year-old girl may change her gender entry without her parents' consent.
The Federal Court emphasizes the simplified procedure under the new law.
An examination by a doctor is no longer necessary.
The Federal Supreme Court states that parental consent is not required to change the gender entry. In assessing the case, the court also took into account the legislative history of Article 30a ZGB. This shows, among other things, that the submission of a medical certificate should be expressly waived. The aim was to simplify the procedure.
The declaration to the civil registrar is merely an administrative act that has no connection with physical gender reassignment surgery and can therefore be revoked. The regulation applies to young people over the age of 16 who are capable of judgment. (Judgment 5A_623/2024 of 6.11.2024)