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Terminology?

‘Transgender’ is an umbrella term for individuals whose gender identity, gender expression or behaviour is different from what is typically associated with the biological sex (m/f). It includes transgender men and transgender women as well as non-binary transgender persons, crossdressers and many other gender-diverse people. 

First appearance before the registrar of births, marriages and deaths - the declaration

Any adult or emancipated minor who has the belief that the gender stated on his birth certificate does not correspond to his internally experienced gender identity can declare this to the registrar of births, marriages and deaths. Legal gender reassignment proceedings are no longer necessary. 

Even a non-adopted minor from 16 years old can make this declaration, assisted by his parents or the legal representative. If the parents refuse their assistance, the minor can request that he be authorised to make the declaration with the assistance of an ad hoc guardian.

The official provides a receipt of the declaration to the applicant.

Personal declaration and any declaration by the child and adolescent psychiatrist

The transgender person must provide a signed personal statement at the time of filing the declaration stating two things:

1. First, that he is convinced that the gender mentioned in his birth certificate does not correspond to his internally experienced gender identity. 
   
   It used to be recorded that this had to be the case ‘for quite some time’, with ‘quite some time’ being a standard formula. However, the official was not required to verify how long the person has held that belief. Perhaps because of the ambiguity in this regard, the passage ‘for a quite some time’ was abolished by the law of 20 July 2023. The transgender person must hold a belief, without having a time frame attached to it.
    
2. In addition, he must also declare that he wishes the administrative and legal consequences of an adjustment of the registration of gender in his birth certificate.

The unemancipated minor must also provide a statement from his child and adolescent psychiatrist confirming that the child has sufficient discernment to have the ongoing conviction that the gender mentioned in his birth certificate does not correspond to his internally experienced gender identity.

Role of the registrar

The registrar is the pivotal figure in these proceedings. 

Firstly, he has a duty to provide information. Indeed, the official has to provide the transgender person with a lot of information:

• The official informs the transgender person about the further course of the procedure, and the administrative and legal consequences of the procedure.
• The official provides an information brochure, as well as the contact details of transgender organisations.

Secondly, the registrar makes a notification of the declaration to the public prosecutor. He makes this notification within three days. 

• The public prosecutor can then issue a negative opinion within three months. This negative opinion comes if the sex change would be contrary to public order, think of identity fraud. In practice, however, there is rarely a negative opinion. 
• If there is no negative advice within three months, the advice is deemed to be positive.

Second appearance at the registrar's office

The transgender person appears before the registrar for a second time within three to six months. 

Previously, he had to provide the official with a signed declaration stating that:

• The person is still convinced that his gender from the birth certificate does not match his inner lived gender identity;
• The person is aware of the administrative and legal implications involved;
• The person is aware of the basically irrevocable nature of the gender change.

This formality has gone away since the law of July 20, 2023. 

Nothing then stands in the way of the official drawing up the deed of gender registration adjustment. The official also links this gender registration change with the transgender person's other civil status deeds and also the birth certificate of their children.

If the official still refuses to draw up deed of adjustment, the transgender person can seek legal action in the family court. The transgender person does this within 60 days. This period starts from the day the registrar notified him of the refusal to amend the deed.

Legal consequences of gender reassignment

The rights, powers and obligations of already born children of the transgender person remain the same.  This means, for example, that paternal filiation remains in place with regard to the transgender person who legally became a woman. Please note that despite the fact that the transgender person is now legally female, the rules of paternal filiation contestation will still apply to the contestation of parentage.

A special case: if the transgender man (who was thus previously biologically female) still gives birth after he also became a legal man, he will still be listed as ‘mother’ in his child's birth certificate.

New adjustments

If the transgender person has obtained a new adjustment of sex registration in the birth certificate, the previous adjustment of sex registration has no effect from the preparation of the new sex registration adjustment certificate.