Italy

Legal Framework

Law No. 164/1982 and Legislative Decree No. 150/2011 (Article 31)

Competent Authority

Ordinary Court (Tribunale Ordinario) of the applicant’s place of residence

Requirements

  • No mandatory surgery requirement (since Constitutional Court decision 2015)
  • Must demonstrate seriousness and unambiguity of transition path
  • Name change typically processed together with gender recognition
  • Public Prosecutor must participate in the process

Procedure

  • Court verification of factual changes in sexual characteristics
  • Notification to spouse/partner and children if applicable
  • Possibility to maintain relationship in alternative form (marriage↔civil union)

Decision Type

Constitutive judgment

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