01-04-2016

In Orléans, the Court of Appeal rejects request to register a “neutral gender”


In a judgment ruled March 22, the Orléans Court of Appeal rejected the request to modify the sex on the birth certificate and to substitute the mention “neutral sex” or “intersex” to that of “male”.

This case concerns a 60-year-old man who had made the request. The court in Tours had consented the request last August 20, but the General Prosecutor appealed, considering that in no way does French law provide for the possibility of registering the words “neutral sex” on a civil status certificate.

The Orléans magistrates considered that admitting the request “would signify recognizing, via a simple rectification of civil status, the existence of another sexual category”.

According to the lawyer[i], her 64-year-old client will certainly continue to the Court of Cassation and eventually to the European Court of Human Rights.

If the principle of inalienability of the condition of individuals leads to elements that a civil status be imposed on the person, the principle of respecting private life also leads to admitting exceptions. Yet in this situation, the applicant has a masculine first name and presents a masculine physical appearance. He is married and has an adopted child with his wife. « His request is thus contradictory to his physical appearance and his social behavior[ii] ».

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[i] http://www.allodocteurs.fr/sexo/troubles-sexuels/la-cour-d-appel-d-orleans-rejette-la-notion-de-sexe-neutre_19023.html

[ii] http://actualitesdudroit.lamy.fr/Accueil/Articles/tabid/88/articleType/ArticleView/articleId/128149/Refus-de-reconnaissance-par-la-cour-dappel-dOrleans-de-la-mention-dun-sexe-neutre-a-letat-civil.aspx