Since 1 January 2018, transgender persons may officially change their registered gender and first name(s) without having to satisfy certain medical conditions. The new legislation is set out in the Law of 25 June 2017 and entered into force on 1 January 2018.

Since that date, transgender persons no longer have to satisfy certain medical conditions in order to officially change their gender and first name(s) on the civil register and in the population register.

On 19 June 2019, the Constitutional Court partially annulled the Law on transgender persons of 25 June 2017. Pending new provisions, applications to change gender registrations can still be made to the civil registry service using the current procedure.

Changing gender registration

The procedure is intended for persons (‘the applicants’) who believe that the gender stated on their birth certificate does not match their true gender identity.

Procedure

There are two steps to the procedure:

1. The declaration

What?

The applicant declares their intention to change the registration of their gender.

Where?

The declaration is made to the civil registrar in the municipality or town in which the applicant is registered in the population register or the register of foreign nationals, or is habitually resident, or in Brussels.

How?

  • The applicant submits a signed declaration stating that, for some time, they have believed that the gender stated on their birth certificate does not match the gender identity with which they identify most deeply.
  • In the declaration, the applicant confirms their desire to have this aspect amended on an administrative and legal level.
  • The civil registrar informs the applicant of the steps to be taken in the procedure and its consequences.
  • The registrar duly records the declaration.
  • The applicant receives an acknowledgement of receipt which refers to the brochure that explains the administrative and legal consequences of the change in gender registration.
  • The civil registrar informs the Public Prosecutor within 3 days for an opinion.
  • The Public Prosecutor delivers their opinion within 3 months:
    • A negative opinion may be delivered on the grounds that the application is contrary to public policy. In those circumstances, the civil registrar will refuse to execute the change in gender registration document.
    • If a negative opinion is not delivered or if no opinion is delivered within the 3-month period, the opinion is deemed to be favourable. The procedure may then continue.

2. Preparation of the document

What?

The applicant appears before the civil registrar for a second time and confirms their initial declaration.

Where?

Before the civil registrar where the applicant made their initial declaration.

When?

No earlier than 3 months and no later than 6 months after the initial declaration.

How?

  • The applicant submits a second declaration confirming their previous affirmation.
  • The applicant confirms that they are aware of the administrative and legal consequences involved in the change in gender registration and that it is irrevocable.
  • The document is prepared and the gender registration is changed accordingly.

Who can do this?

This option is offered to individuals who believe that the gender stated on their birth certificate does not match the gender identity with which they identify most deeply.
To initiate the procedure, there are no additional requirements for:

  • Belgian adults and adults who are foreign nationals, who are registered in the population register or the register of foreign nationals;
  • Belgian minors who are treated as being of full age and foreign minors in the same situation, who are registered in the population register or the register of foreign nationals.

Belgian dependent minors and dependent minors who are foreign nationals, who are registered in the population register or the register of foreign nationals, may also apply for a change in gender registration if they satisfy the following requirements:

  • they must be at least 16 years of age;
  • they must be assisted by their parents or legal representative;
  • they must also provide a certificate drawn up by a psychiatrist which confirms that they are making a free and conscious choice.

Change of forename

The procedure is intended for individuals (‘the applicant’) who believe that the gender stated on their birth certificate does not match the gender identity with which they identify most deeply.

New procedure

Since 1 August 2018, the procedure for forename(s) change has been transferred in its entirety to the municipalities. The procedure is therefore faster.

If you wish to change forename, you must contact the municipal authority with territorial jurisdiction only.
You will be advised of the cost of the procedure and be given additional information. 
There are two steps to the procedure:

1. The application

What?

The applicant submits the application to the civil registrar.
If the application concerns a minor child (under 18 years of age), it must be signed by the applicant and by their two parents or legal representative.

Where?

The declaration is made to the civil registrar with territorial jurisdiction on the basis of the following principles:

  • if you are resident in Belgium: the municipality in which you are registered (or the municipality in which the child concerned is registered if the application concerns a minor);
  • if you are no longer resident in Belgium: the last municipality in which you were registered in Belgium;
  • if you have never been resident in Belgium: the City of Brussels.

How?

The applicant must clearly state the change(s) requested to their first forename(s) and what should happen with their other forenames.
The applicant must submit with the application:

  • An extract from the Criminal Register (form 595).
  • A sworn statement by the applicant stating that they believe that the gender stated on their birth certificate does not match the gender identity with which they identify most deeply. The forename(s) chosen must be consistent with that belief. (A neutral forename may be chosen.)

Who can do this?

This option is for individuals who believe that the gender stated on their birth certificate does not match the gender identity with which they identify most deeply.
The procedure for forename change may be initiated only by the following categories of persons:

  • Belgian adults or adults who are recognised as stateless or refugees;
  • Belgian minors who are treated as being of full age or minors who are treated as being of full age and recognised as stateless or refugees.

Belgian dependent minors and dependent minors who are recognised as stateless or refugees may also apply for forename change if they satisfy the following requirements:

  • they must be at least 12 years of age;
  • they must be assisted by their parents or legal representative.

2. Cost

The cost of the procedure is determined by each municipality. However, the fee payable by transgender persons may not exceed 10 % of the standard rate fixed by the municipality.

Entry into force

These new procedures entered into force on 1 January 2018 and 1 August 2018.

More information

Documents

The following documents have been published in the Moniteur belge.

Your Europe


Published on December 12th 2020

Help us improve