Swiss Federal Supreme Court: Deletion of gender indication according to German law – No recognition in Switzerland – Judgment of June 8, 2023 (5A_391/2021)

Swiss Federal Supreme Court: Deletion of gender indication according to German law -.
No recognition in Switzerland – Judgment of June 8, 2023 (5A_391/2021)

The deletion of the indication of gender obtained in Germany by a person of Swiss nationality is not recognized in Switzerland and cannot be entered in the Swiss register of civil status. Swiss civil status register. According to the clear will of the legislator, the binary legal gender order (man/woman) continues to apply for the time being (man/woman) and the renunciation of a gender entry is inadmissible. The Federal Court is not authorized to deviate from this due to the separation of powers. A person of Swiss nationality living in Germany declared in Berlin in 2019, based on German law, the deletion of the gender entry. The competent Registry Office certified the declaration. The person subsequently applied in Switzerland for recognition of the deletion of the gender entry made in Germany. The Department of Economic Affairs and the Interior of the Canton of Aargau refused the subsequent certification and recognition. The Higher Court of the Canton of Aargau upheld the complaint of the person concerned in 2021 and ordered the deletion of the gender entry in the Swiss civil status and birth register.
At its public deliberation on June 8, 2023, the Federal Supreme Court upheld the complaint of the Federal Office of Justice and overturned the decision of the Aargau High Court. The deletion of the indication of gender in the Swiss civil registry register is not compatible with federal law.

More: https://www.bger.ch/files/live/sites/bger/files/pdf/de/5a_0391_2021_yyyy_mm_dd_T_d_11_22_57.pdf

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