Gender reassignment is a complex process involving not only personal, but also legal and official steps. Current legislation in the Czech Republic sets out the exact conditions under which gender can be changed in official documents. A significant breakthrough was brought about by a recent ruling of the Constitutional Court, which abolished the obligation to undergo surgical sex change.
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, the 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 recently, the process of gender reassignment was linked to undergoing a surgical procedure involving castration and surgical transformation of the genitals. However, this requirement was ruled unconstitutional by a Constitutional Court ruling in 2024 and is due to cease at the beginning of July 2025. The Court stressed that requiring such intervention violates the right to protection of bodily integrity and human dignity. It is now expected that lawmakers will create a new framework that respects the rights of transgender people without the need for surgical interventions.
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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 gender reassignment in official records now begins with an application to the registry office, where a certificate from a health care provider about the gender reassignment treatment is required. 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 they identify with. These names, such as René Krejčí or Jindra Kočí, allow individuals to avoid everyday complications when dealing with the authorities or society.
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.
Official sex change in the Czech Republic is precisely dated and has legal implications in many areas. According to current legislation, it occurs on the date specified in the certificate issued by the health care provider and is therefore, until now, also associated with surgery. This document is the key basis on which the registry offices make changes to the birth register and issue new documents such as birth certificates or identity 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.
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.
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 his or her 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. The court takes the child’s best interests into account, and a change in a parent’s gender is not in itself a reason to restrict his or her parental rights.
After the official change of sex, the official changes phase 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 ensure that the person can legally act in accordance with their new identity in all areas of life, including working, travelling or contracting.
The aforementioned Constitutional Court ruling 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. 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. The existing legislation was found to be in conflict with 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 ordered the legislators to amend the legislation by 30 June 2025. Until then, the current rules remain in force. The ruling also stresses the need for democratic debate and calls for respect for the dignity and rights of transgender people.
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 current legislation. Many of them consider surgery to be a demanding and irreversible procedure that involves risks and a range of possible health complications.
As stated above, the legislator is obliged 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, as things stand, the legislative process in this regard has been significantly delayed and the draft law is not yet available. Given the time constraints, it is therefore unlikely that the new regulation will be approved by July 2025.
This situation may lead to legal uncertainty. After 1 July 2025, the existing provisions will cease to apply without being replaced by new rules. This could cause confusion in official sex changes, where it will not be clear what procedures and conditions are to be applied. The absence of clear legislation may lead to different interpretations by the authorities.
Although surgery will no longer be a condition from July 2025, it is not yet clear what condition will need to be met for a gender change to be recognised. If the legislators do not manage to pass the new law, only the following sentence will 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.” However, this will only bring a lot of confusion and ambiguity.
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