Legal Framework
Civil Status Law 2013 (PStG 2013) and Ministerial Guidelines based on case law from Supreme Administrative and Constitutional Courts
Competent Authority
Civil Status Authorities (Personenstandsbehörden) – municipalities acting as registrars (Standesbeamt:innen)
Requirements
For transgender persons:
- Proof of irreversible feeling of belonging to another gender
- Clear outward appearance matching said feeling
- Expert opinion (medical/psychological) required
- No surgery requirement (since 2009)
- No divorce requirement
For intersex persons:
- At birth: No expert opinion needed for registration
- Later changes: Expert opinion required, stating that the person cannot be clearly identified as male or female due to chromosomal, anatomical and/or hormonal development
Procedure
- Application to civil status authority
- Submission of required documentation (expert opinions)
- Authorities exercise discretion within guidelines
- Name changes typically processed after gender marker change
Decision Type
Administrative decision (Bescheid)
- Can be challenged before administrative courts (Landesverwaltungsgerichte)
- Declarations can be reviewed under general contract law provisions