Amendment of the reference to sex in civil status

Verified 25 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Does a person need medical treatment to change their sex at birth when the sex they are born with is not the one they identify with (gender identity)? Can a minor apply? We tell you the main rules to know and the steps to follow to do the process.

Step-by-step approach

You must demonstrate by a sufficient gathering of facts that the mention of your sex in the civil status documents does not match the one in which you present yourself and in which you are known.

You must provide proof of several facts in support of your request.

Examples of facts:

  • You present yourself publicly as belonging to the sex claimed
  • You are known to your relatives and colleagues as the sex claimed
  • You got your first name changed to match the sex you claimed

FYI  

It is not necessary to undergo medical treatment or surgery or sterilization in order to request a change in the sex statement. Your request cannot be denied without these elements.

You must be an adult or emancipated minor to apply for a change to the civil status reference of the sex.

The procedure is free.

Representation by counsel is not mandatory. If you hire a lawyer, you will have to bear the cost, unless you can benefit from legal aid.

The request must be made by request written on free paper.

You can call on a lawyer but it's not mandatory.

Free and informed consent

You must specify your free and informed consent to your change of sex in the civil registry.

You can say in your application, “I give my free and informed consent to the change in the reference to the sex on my marital status”.

Presentation of the facts

You must present the facts which demonstrate that the reference to your sex in the civil status documents doesn't match the one you show up in and are known.

Supporting documents

You must attach your request all evidence which justify your request for a change of sex in the civil registry.

The proof may be given by any means : written attestation, SMS, email, screenshot, photography...

Example :

Testimony of a relative, attestation of a public or associative structure, administrative document containing the requested civility, transport card, card of a member of a sports or cultural association indicating the civility corresponding to the requested sex.

If you find it useful, you can attach medical elements to your application. However, these medical elements are not required.

First name change

Your application must specify whether you also wish to changing one or more of your first names.

If you are married and/or have children, specify if you want the first name(s) to be updated on the civil status documents that concern them. Their consent may be obtained in writing. You can therefore attach your request the written agreement of your spouse, each adult child, and the other legal representative for a minor child. In the absence of a written statement, the court may obtain their agreement at the hearing, by council chamber.

FYI  

If you have beenHowever, updating your partner's birth certificate with your new first name does not require his agreement. Thus, her birth certificate will be updated by the indication of your new name(s) in the mention of the CIVIL PARTNERSHIP affixed in the margin.

To be heard by the judge

The judge may decide not to summon you if he or she considers your file to be complete and allows the judge to make a decision without having to gather additional information.

Also, if you wish to be heard by the judge, you must specify that in your application. In that case, you will be called to a hearing.

In all cases, requests for changes to the reference to sex in the civil registry shall be examined and discussed in council chamber.

The court with jurisdiction to hear your application is different depending on your situation.

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You were born in France

You must deliver or mail your request to graft of the court of justice of your residence or your place of birth.

Who shall I contact

You are French born abroad

You must deliver or mail your request to graft of the Nantes Court of Justice or your place of residence in France.

Who shall I contact

You are a refugee (Ofpra), stateless or a beneficiary of subsidiary protection

If you are a refugee (Ofpra: titleContent), stateless or a beneficiary of subsidiary protection, you must deliver or mail your request to graft of the court of law in Paris. You cannot take your place of residence to the court.

Who shall I contact

If your application for a change of sex at the civil registry is rejected, you can challenge the decision by appealing.

Time limits and remedies are set out in the notification of the decision.

The lawyer is obligatory to appeal. He's the one who does the paperwork.

The decision ordering the alteration of the entry of the sex in the civil registry, and the change of first name if you have requested it, is mentioned in the margin of your birth certificate. The amendment shall be made at the request of the public prosecutor, within 15 days according to the date on which the decision has become final.

You do not have to do this yourself.

In the event of a change of first name, and provided that the court has obtained their agreement, the civil status documents that concern your spouse and children are also updated. You will be able to request a new family record book.

Once the acts concerned by your change of sex in the civil registry are updated, you can request the renewal of your identity card and/or your passport.

You can also inform the administrations and organizations concerned by your change of sex in the civil registry: employer, health insurance, mutual...

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