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Germany: Federal Court of Justice Rules on Legal Motherhood of Surrogate

(Apr. 29, 2019) In a decision published on April 23, 2019, the German Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s supreme court for civil and criminal cases, held that German law must be used to determine the parentage of a child born to a surrogate in Ukraine and brought to Germany immediately after birth to […]

Philippines: Law on Rectification of Simulated Birth Records Enacted

(Apr. 26, 2019) On March 14, 2019, the Philippine government announced in the Official Gazette the enactment of the Simulated Birth Rectification Act (Republic Act No. 11222), which grants amnesty to individuals who falsified civil registry records to make it appear in a child’s birth record that the child was born to a woman who […]

Austria: Court Allows Intersex Individuals to Register Third Gender Other Than Male or Female

(July 6, 2018) On June 15, 2018, the Austrian Constitutional Court (Verfassungsgerichtshof Österreich, VfGH) held that intersex individuals have a right to register in the civil status register a gender other than male or female that conforms to their gender identity. It stated that forcing intersex persons to register a male or female gender but […]

Turkey: Bill Authorizing Muftis to Perform Civil Marriages and Amending Civil Registration Rules

(Oct. 2, 2017) On July 25, 2017, the Turkish government submitted draft legislation to the Grand National Assembly (Turkey’s parliament) containing a controversial provision that would grant muftis – Sunni civil servants employed in the country’s Directorate of Religious Affairs (Diyanet) – the authority to perform civil marriages. (Mahmut Bozarslan, Bill Allowing Turkish Muftis to […]

Australia: State Legislation to Remove Barriers to Changing Sex on Birth Certificate

(Aug. 22, 2016) On August 18, 2016, the Attorney-General of the Australian State of Victoria introduced the Births, Deaths and Marriages Registration Amendment Bill 2016 in the state parliament.  The bill “removes the need for applicants to have undergone sex affirmation surgery before being able to apply for a new birth certificate.”  (Press Release, Martin […]

Kenya: Law on Registration of Out-of-Wedlock Children Ruled Unconstitutional

(May 27, 2016) On May 26, 2016, the Kenyan High Court found unconstitutional a provision in the Birth and Death Registration Act banning the inclusion in an out-of-wedlock child’s birth certificate of the name of the child’s putative father without his consent.  (Kids Born Out of Wedlock to Have Father’s Name in Birth Certificate – […]

Mexico: Constitutional Right to Personal Identity

(Jul 11, 2014) On June 17, 2014, Mexico published an amendment to article 4 of the Constitution in the country’s official gazette. It stated: Every person has the right to identity and be registered immediately at birth. The State will guarantee the fulfillment of these rights. The competent authority will issue, without charge, the first […]