Rectification of Birth Certificate for Intersex Individuals: French Court of Cassation Ruling on Neutral Sex Indication
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Neutral sex, intersex, birth certificate rectification, sex change, civil status documents, French law, sexual identity, private life, human rights, Article 8 Convention for the Protection of Human Rights and Fundamental Freedoms, Article 99 Civil Code, sex ambiguity, biological male sex, psychological identity, Court of Cassation, civil chamber, Court of Appeal, TGI, sex duality, legislative modifications, personal identity, sexed identity, masculine sex, feminine sex, human rights law, civil law, French civil code, Court of First Instance, cassation appeal, Orléans Court of Appeal, sexual ambiguity, biological intersex, gender identity, legal sex change, civil status reform
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Abstract
Unlock the latest legal insight on gender identity rights: Can an intersex individual rectify their birth certificate to reflect a "neutral sex" or "intersex" status? France's Court of Cassation ruled that French law doesn't permit indicating a sex other than male or female on civil status documents, citing the need for binary sex classification for social and legal organization. Discover the implications of this landmark decision on personal identity, privacy, and the law. Learn how this judgment affects intersex individuals and the potential consequences for future legal and social reforms.
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[...] The first civil chamber of the Court of Cassation replied in the negative. It joined the position of the Court of Appeal and rejected the appeal. According to the supreme judges, "French law does not allow the indication of a sex other than masculine or feminine to be featured in civil status documents." It adds that sexual identity falls under Article 8 of the aforementioned Convention, but that this duality of sexes pursues a legitimate purpose, is necessary for both social and legal organization. [...]
[...] It also rejected the applicant's request for rectification inasmuch as this request was in "contradiction with his physical appearance and social behavior." It indeed noted that he was married, had adopted a child with his wife, that his physical appearance was masculine. A cassation appeal was then lodged by M.Y. He relies on the principle of respect for private life, which implies respect for personal/sexed identity, and therefore criticizes the Court of Appeal for violating Articles 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Article 99 of the Civil Code. He also criticizes it for not drawing the consequences of its findings: his ambiguous sex and the medical treatment intended to combat osteoporosis. [...]
[...] In this case, M.Y, the applicant, was registered in the civil register as being of male sex. On 12 January 2015, he brought an action before the Court of First Instance (TGI) for substitution by the indication "neutral sex", or failing that, "intersex" inasmuch as he is biologically intersex and does not consider himself psychologically either as a man or as a woman." Following a decision of rejection rendered by the TGI, the applicant appealed the decision. Thus, the Court of Appeal of Orléans pronounced itself on 22 March 2016. [...]
