Agence France Presse reported the law, which received final approval in the Danish Parliament, will allow Danes who are at least 18 to legally change their gender after stating their desire to “belong to the other sex” and completing what the Danish government describes as a six-month “reflection period.” They had previously been required to undergo sex-reassignment surgery and sterilization before making the request.
The law is slated to take effect on Sept. 1.
“Today we have dropped the requirement of sterilization when transgendered people need a new personal identification number as part of a legal sex change,” said Minister for Economics and the Interior Margrethe Vestager in a statement to Agence France Presse. “It will make life easier and more dignified for the individual.”
Danish LGBT rights advocates applauded the new law.
“We are highly satisfied that the government decided to go with the most progressive solution and that the Parliament provided a majority vote for it,” Søren Laursen, chair of LGBT Danmark, a Danish advocacy group, told the Washington Blade.
“We are very happy that the law regarding legal recognition of gender identity has been updated,” added Sarah Baagøe Petersen, vice chair of Lambda, another Danish LGBT advocacy group, in an e-mail to the Blade. “The fact that transgender people can now freely apply to change their gender — legally — without surgery or a psychological evaluation is a big step in the right direction. The entire LGBT community welcomes this change.”
Argentinian President Cristina Fernández de Kirchner in 2012 signed what is considered the world’s most progressive trans rights law that allows people in the South American country to legally change their gender on official documents without surgery and an affidavit from a doctor or another medical provider. Neighboring Uruguay has adopted a similar statute.
The Dutch Senate late last year approved a bill slated to take effect on July 1 that will allow trans people to legally change their gender without undergoing sterilization and sex-reassignment surgery. They will still need to obtain a statement from an “expert” to fulfill their request.
German parents have been able to designate the gender on their intersex children’s birth certificates as “indeterminate” since last November.
Maryland Gov. Martin O’Malley last month signed a bill that added gender identity and expression to the state’s non-discrimination law. Efforts to prompt a referendum on the law failed after opponents did not collect enough signatures.
Laursen and other European LGBT rights advocates said they hope other countries enact laws that allow trans people to legally change their gender without surgery or sterilization.
“We are very pleased to see the Argentinian model for legal gender recognition being introduced in Europe by Denmark today,” said ILGA-Europe Co-Chair Paulo Côrte-Real. “The benchmark is set high now and we encourage other European countries to follow suit and to remove unnecessary, humiliating and degrading requirements which hinder people across Europe to fully enjoy their lives in preferred gender.”
“We are the first European country to go with this model – in fact, such a solution exists today only in Argentina and Uruguay,” added Laursen. “I am convinced that other European countries will now follow.”