What is the Czech legal order based on?
The Czech legal system currently recognises two genders – male and female. This duality is enshrined in the Civil Code and other legal norms. Although in recent years, ideas for the recognition of non-binary or other categories have emerged from time to time, legislation has so far remained within the traditional framework and legislators do not intend to change anything in this respect. The identification of sex is based on the information given in the birth certificate, which is of fundamental importance for the legal status of each person.
Gender plays a key role in relation to civil rights, marriage, registered partnerships and parenthood. Until 30 June 2025, the process of official gender reassignment was linked to a surgical procedure involving castration and surgical transformation of the genitals. However, this requirement was struck down by the Constitutional Court in a ruling in 2024, effective 1 July 2025, as it was deemed an unconstitutional interference with bodily integrity and human dignity. At present, therefore, surgery is not necessary for official sex change, but there is no new legislation yet that clearly sets out alternative conditions. It is therefore expected that legislators will adopt a new legal framework that takes into account the dignity and rights of transgender persons and defines the procedure on the basis of self-identification.
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Conditions and procedure for gender reassignment under the Act
The process of gender reassignment in the Czech Republic involves a number of legal and administrative steps to ensure that the change is recorded in official documents.
The process of changing gender in official records currently begins with an application to the registry office. The application must be accompanied by a certificate from a health care provider, typically a sexologist, stating that the person has been diagnosed with a gender identity disorder and has given informed consent to the change of gender. Surgery or hormone treatment is no longer a requirement. Based on these documents, the registry office updates the data in the civil registry and the population registration system. The person concerned can apply for a new birth certificate, birth number and other documents such as an identity card.
Before the whole process is completed, the person in transit can start using a neutral name. Many transgender individuals are already adjusting their dress and appearance to their gender identity even before the eventual surgery, and together with a neutral name, they can more quickly move closer to the gender with which they identify. These names, such as René Krejčí or Jindra Kočí, allow individuals to avoid everyday complications when dealing with the authorities or society.
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Tip: What effect does a person’s age have on their legal options and responsibilities? When can a child legally act independently and how is liability for damages caused by minors assessed? What is the difference between partial and full legal capacity, and when is a limitation of legal capacity approached? This is addressed in our separate text.
Legal consequences of a sex change
Official sex change in the Czech Republic is precisely dated and has legal implications in many areas. As of 1 July 2025, sex reassignment occurs on the date specified in the certificate issued by the health care provider, and the process is no longer linked to surgery or sterilisation. This document is the key basis on which registry offices make changes to the birth register and issue new documents such as birth certificates and ID cards.
An important milestone is the moment when the data are officially changed. This day marks not only the legal recognition of a new identity, but also a fundamental change in relationships, such as marriage or civil partnerships. If a transgender person has been living in these unions, they are automatically dissolved on the day of the gender reassignment. This legislation is based on the principle that marriage is only possible between a man and a woman, while registered partnerships are for persons of the same sex. Even if the original partners theoretically wanted to stay together after the change of sex of one of them, they would have to enter into a partnership or marriage again.
The automatic dissolution of a marriage or civil partnership can bring complications, especially when it comes to the division of joint property or the care of children. In these cases, the law provides that former partners have the same rights and obligations as divorced spouses. The court can decide, even without a petition, how custody of joint children will continue to be divided, which is intended to provide legal protection and stability for all involved.
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Hint: Marriage for all is so far just a phrase that political parties argue about fulfilling. Although even the latest amendment of the law did not bring the institution of marriage to same-sex couples, from January 2025 their rights in a civil partnership have at least come a little closer to those of spouses. We take a closer look at the topic in our separate article.
Gender reassignment and relationships to children
A change in the gender of one parent can have a significant impact on both the legal and practical aspects of parental relationships. Czech law ensures that a change in a parent’s gender does not change their parental rights and obligations. The parent remains the legal representative of the child and has, for example, a maintenance obligation towards the child . However, it cannot be inferred from a change in the sex of the parent that, for example, the original father of the child is now considered to be the child’s current second mother.
The effect of a change of sex of a parent on family relations may be a sensitive issue. Open communication and the attitude of other family members, including the other parent, play an important role here. If there are disagreements about child custody, a court decision may be necessary. This takes into account the best interests of the child above all, and according to case law and the Ministry of Health’s methodology, a change in the sex of a parent is not in itself a reason to restrict parental rights.
Official changes: New birth certificate, ID card and other documents
After the official change of sex, the phase of official changes begins. The first step is to update the birth register, where a record of the change of sex and, if applicable, the change of name is made. On the basis of these changes, a new birth certificate is issued which already contains the current details, including the new gender and birth number corresponding to the new identity.
This is followed by the exchange of other personal documents such as the identity card, passport and driving licence. These changes follow standard administrative procedures and allow the person to legally act in accordance with their new identity in all areas of life – including working, travelling or contracting. Although no new legal regulation has yet been adopted, the authorities are following the Ministry of Health’s guidance and respecting the Constitutional Court’s ruling.
Significance of the Constitutional Court ruling
The aforementioned ruling of the Constitutional Court (Case No. Pl. ÚS 52/23 of 2024 brought about fundamental changes in the area of transgender rights in the Czech Republic. It abolished the legal requirements for surgery and sterilisation as a condition for official gender reassignment. As of 1 July 2025, it is therefore not necessary to undergo any medical intervention or hormonal treatment if a person wants to officially change their gender. The ruling thus represents a fundamental change in the protection of the rights of transgender persons and brings Czech legislation closer to international human rights standards. Existing legislation has been found to be contrary to human dignity, the right to bodily integrity and personal autonomy.
According to the previous rules, sex reassignment was only possible after undergoing invasive surgery, including disabling reproductive function. However, the Constitutional Court found that these requirements constituted a disproportionate interference with individual rights and were contrary to the European Convention on Human Rights. The Court warned that such interventions must not be a condition for the recognition of gender identity.
The Constitutional Court also ordered the legislators to adopt new legislation by 30 June 2025 at the latest. This deadline has already passed, but the new legislation has not yet been passed. In practice, therefore, the authorities follow the Ministry of Health’s methodological instruction, which regulates the conditions for issuing a certificate of gender reassignment on the basis of diagnosis and informed consent. The finding also stresses the need for democratic debate and calls for respect for the dignity and rights of transgender persons.
The court’s decision was welcomed by experts, human rights organisations and transgender people themselves, who have long pointed to the discriminatory nature of the existing legislation. Many of them consider surgery to be a demanding and irreversible procedure that involves risks and a range of possible health complications.
The future outlook for the legislation
As mentioned above, the Constitutional Court ruling required the legislator to adopt legislation by the end of June 2025 that clearly sets out the conditions for the recognition of gender reassignment without the need for surgical intervention. However, this deadline has already passed and no new legislation has been adopted as of July 2025. The bills tabled are at various stages of the legislative process, but none of them has yet entered into force.
This situation leads to some legal uncertainty. After 1 July 2025, the provisions requiring surgery ceased to apply without being explicitly replaced by a new law. In practice, this may cause confusion for official sex changes, especially if the various authorities do not have clear methodological guidance. Therefore, the current practice is to follow the methodological guidance of the Ministry of Health, which states that a certificate from a health service provider stating the diagnosis and informed consent is sufficient for official sex change.
Although surgery is no longer a requirement as of July 2025, the legal framework remains incomplete. If the legislators do not manage to pass the new law, only the following sentence will continue to apply in the Civil Code regarding official sex change: “The date of sex change shall be deemed to be the date specified in the certificate issued by the health service provider.” This wording is insufficient in itself and raises questions about the scope, form and binding nature of the certificate, and thus about the practice of the authorities themselves.
