Beginning November 1, German birth certificates will provide parents with three gender options: male, female, and "blank," making Germany as the first European country to allow babies born with no gender-determining anatomy decide on their gender classification later on.
The law, created to protect the rights of intersexual children, was made possible through the efforst of the German Ethics Council.
"If a child cannot be designated male or female... they should be entered in the birth register without such a status," the new law reportedly states.
Intersexual babies or those born with not so exclusive male and female characteristics have long been a subject in Germany. According to several reports, biological sex chosen by surgeons does not necessarily match the gender identity of these babies once they have reached the adolescent stage.
A 2007 report showed that at least 150 intersex babies are born each year in Germany while roughly 8,000 to 10,000 people suffer from gender-identify issues indefinitely.
On the other hand, support groups claim that the figure of intersex babies is actually much higher than what their government perceives, adding the difficulties and predicaments these babies are bound to face once they have grown.
"A key aim of the new rule is to relieve parents of the pressure of having to decide a sex straight after the child's birth, and thereby agreeing overly hastily to medical procedures to settle the child's sex," a German Interior Ministry spokesperson said.
However, the law - passed last May - will only apply to birth certificates, other identification permits including passports, driving licenses, identification cards, and legal documents will not provide the same option.
The Ministry spokesman also said that the said law didn't actually lead to the creation of a third gender, noting that the gender box can simply be left blank for practical reasons.
"Creating a third gender would complicate German laws on marriages and partnerships, which operate on a binary male-female opposition, although the Ethics Council would examine the implications for intersex individuals," the spokesman explained.
"This is an interesting move but it doesn't go far enough," Policy Director at the Brussels-based Rights Group Equity for Lesbian, Gay, Bisexual, Trans, and Intersex People in Europe Silvan Agius said. "Unnecessary surgeries will likely continue in Germany with devastating consequences... we live in a world where having a baby classified as 'other' is still considered undesirable."
Contrariwise, other campaign groups claimed that this law may raise some concern for babies with third gender option status on their birth certificates, noting that they might suffer from school discrimination prior to their "outing" stage.
It can be noted that Australia had this law passed earlier this year. It is even considered as the first country to offer the third gender option to new parents. Unlike Germany, Australia has implemented this law to all kinds of personal and legal identification documents.
Moreover, sex reassignment is not a requirement in Australia, as Aussie citizens are free to choose or change their gender on any of the said documents.
Another country that is also gearing towards the implementation of this third gender option law is Finland.
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