Current Version
| Region | Austria |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | Apr 24, 2009 |
| End Date | (none) |
| Description | Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made. In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA) |
| Sources | https://database.ilga.org/austria-lgbti https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf |
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Revision History (2)
| Old Value (Original) | New Value (Current) | |
|---|---|---|
| Value | Legal, no restrictions | Legal, but requires medical diagnosis |
| Start Date | Feb 27, 2009 | Apr 24, 2009 |
| Description | Under Article 41 of the Civil Status Law (2013), the Civil Status Registry has the ability to alter an entry, when it has become incorrect after is it made. In 2019, local organisation TransX.at informed ILGA World that, according to local administrative proceedings, to amend their gender markers applicants need to present one statement (in some provinces, two) by a psychologist, a psychiatrist or a psychotherapist attesting for the following facts: (1) a permanent feeling of belonging to the other gender; (2) that it is irreversible in all foresight; and (3) that measures have been taken that lead to a convergence to the outer appearance of the other gender. Gender affirmation surgeries are not necessary. The ruling against compulsory surgical interventions arises from a 2009 case before the Constitutional Court (Judgment No. 2008/17/0054) wherein it was stated that a “feeling of belonging [which] is in all likelihood irreversible and has been expressed in external terms by the person closely aligning their appearance to the external appearance of the opposite gender” is sufficient to validate gender marker change. (ILGA) | |
| Sources | https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf | https://database.ilga.org/austria-lgbti https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Legal, no restrictions |
| Start Date | Feb 27, 2009 |
| End Date | (none) |
| Description | |
| Sources | https://www.wien.gv.at/menschen/queer/transgender/geschlechtswechsel/rechtlich/personenstand.html http://www.ris.bka.gv.at/Dokumente/Vwgh/JWT_2008170054_20090227X00/JWT_2008170054_20090227X00.pdf |