Current Version
| Region | Eswatini |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | 1983 |
| End Date | (none) |
| Description | Section 8(3) of the Births, Marriages and Deaths Registration Act (1983) states: "If after registration of birth, the change in any other particular of a person not provided for in this section has occurred, he, if he is twenty-one years of age, or either of his parents or his guardian of he is under twenty-one years of age, may apply to the Registrar directly or through respective district registrar or assistant district registrar for alteration of such a particular in the births register. Thereupon the Registrar shall, if satisfied that the applicant is competent to make the application and on production of documentary proof (in case of change of sex of the child medical certificate from the medical practitioner shall be produced) and on payment of the prescribed fee, cause the said particular of the person to be altered in the original birth information form filed in his office, but without erasing the original entry, and shall instruct the registration officer of the district or sub-district in which the birth of the person was registered to make a similar inscription in his births register and duplicate birth information form filed in his office." The Act must be interpreted in accordance with the Children’s Protection and Welfar Act. Section 8(3) of the Act should be interpreted to provide for the change of sex or gender in the Register. The Act does not specify that ‘change of sex’ must happen in any specific way, nor does it require documentary proof only from a healthcare provider. |
| Sources | https://www.southernafricalitigationcentre.org/wp-content/uploads/2022/12/Research-brief_Legal-gender-recognition-web.pdf https://citizenshiprightsafrica.org/wp-content/uploads/2019/12/Swaziland-Births-Deaths-Registration-Act-1983.pdf |
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Revision History (18)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Illegal | Legal, but requires medical diagnosis |
| Start Date | (unknown) | 1983 |
| Description | No laws in place. Missing non binary options on documents. | Section 8(3) of the Births, Marriages and Deaths Registration Act (1983) states: "If after registration of birth, the change in any other particular of a person not provided for in this section has occurred, he, if he is twenty-one years of age, or either of his parents or his guardian of he is under twenty-one years of age, may apply to the Registrar directly or through respective district registrar or assistant district registrar for alteration of such a particular in the births register. Thereupon the Registrar shall, if satisfied that the applicant is competent to make the application and on production of documentary proof (in case of change of sex of the child medical certificate from the medical practitioner shall be produced) and on payment of the prescribed fee, cause the said particular of the person to be altered in the original birth information form filed in his office, but without erasing the original entry, and shall instruct the registration officer of the district or sub-district in which the birth of the person was registered to make a similar inscription in his births register and duplicate birth information form filed in his office." The Act must be interpreted in accordance with the Children’s Protection and Welfar Act. Section 8(3) of the Act should be interpreted to provide for the change of sex or gender in the Register. The Act does not specify that ‘change of sex’ must happen in any specific way, nor does it require documentary proof only from a healthcare provider. |
Show Difference | ||
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://www.southernafricalitigationcentre.org/wp-content/uploads/2022/12/Research-brief_Legal-gender-recognition-web.pdf https://citizenshiprightsafrica.org/wp-content/uploads/2019/12/Swaziland-Births-Deaths-Registration-Act-1983.pdf |
Show Difference | ||
edited by Unknownmiles. Reverting to revision #41421: edit was fully copy and pasted from ILGA
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
| Start Date | 1984 | (unknown) |
| Description | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. | No laws in place. Missing non binary options on documents. |
Show Difference | ||
| Federal Law | Yes | No |
| Sources | https://database.ilga.org/eswatini-lgbti | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
Show Difference | ||
edited by michelle2112. Nominally possible
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | Illegal | Ambiguous |
| Start Date | (unknown) | 1984 |
| Description | No laws in place. Missing non binary options on documents. | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://database.ilga.org/eswatini-lgbti |
Show Difference | ||
edited by Unknownmiles. Reverting to revision #40863:
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires medical diagnosis | Illegal |
| Start Date | Jan 1, 1984 | (unknown) |
| Description | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. | No laws in place. Missing non binary options on documents. |
Show Difference | ||
| Federal Law | Yes | No |
| Sources | https://database.ilga.org/eswatini-lgbti | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
Show Difference | ||
edited by yasingencler. statut correction, legal form section 8(3)
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, but requires medical diagnosis |
| Start Date | (unknown) | Jan 1, 1984 |
| Description | No laws in place. Missing non binary options on documents. | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://database.ilga.org/eswatini-lgbti |
Show Difference | ||
edited by cosmeticplague. Reverting to revision #39608:
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires medical diagnosis | Illegal |
| Start Date | Jan 1, 1984 | (unknown) |
| Description | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. | No laws in place. Missing non binary options on documents. |
Show Difference | ||
| Sources | https://database.ilga.org/eswatini-lgbti | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
Show Difference | ||
Reports (1)
- Status is not correct "Legal, but requires medical diagnosis : Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini.
https://database.ilga.org/eswatini-lgbti"
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, but requires medical diagnosis |
| Start Date | (unknown) | Jan 1, 1984 |
| Description | No laws in place. Missing non binary options on documents. | Section 8(3) of the Births, Marriages and Deaths Registration Act (1984) states that anyone above the age of 21 can apply for a change on the births register for a change in “any other particular of a person not provided for in that section”. However, the government’s interpretation and implementation of this provision is unclear in relation to transgender adults. This particular subsection does, however, mention that in the case of a "change of sex of a child" of anyone above 21 years of age, the applicant may request for a change of their child’s birth information, but without erasing the original information. In this case, a medical certificate from a medical practitioner must be produced. According to the Southern Africa Litigation Centre, it appears that gender marker change may be more explicitly (and easily) obtainable for children, rather than adults in Eswatini. |
Show Difference | ||
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://database.ilga.org/eswatini-lgbti |
Show Difference | ||
edited by Notdog1996. If there's no laws, it's illegal
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
| Start Date | Jan 1, 2017 | (unknown) |
| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
| Description | In all of South Africa. | No laws in place. Missing non binary options on documents. |
| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| Description | Not allowed to change documents. | In all of South Africa. |
| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, but requires surgery |
| Description | No laws allowing it. | Not allowed to change documents. |
| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Illegal |
| Start Date | Jan 1, 2003 | Jan 1, 2017 |
| Description | completely legal in South Africa. | No laws allowing it. |
| Sources | No | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Illegal | Legal, no restrictions |
| Description | No | completely legal in South Africa. |