As regards the proposals being put forward by the Scottish Nationalist Party (SNP) for a change in Scots law, making recognition of gender change available to anyone over the age of 16, with no parental or medical confirmation, are there any other western jurisdictions e.g in Europe or the US that have liberalised their law on the matter to the same or greater degree?
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7Might it be more objective to ask how unusual they are? Whether they are radical seems like a value judgment.– Obie 2.0Feb 11 at 22:27
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1Currently there is a law being debated in the Spain in the same terms; it is in the last steps of its legislative process. You may google for "ley trans" (trans law).– SJuan76Feb 11 at 23:56
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Apparently Finald too, although over the age of 18. europapress.es/internacional/… I'm not certain on the details, so not posting a full answer.– FizzFeb 12 at 14:44
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1There is a Wikipedia page about this which covers the situation around the world. There has also been a lot of press coverage in the UK. You are expected to do basic research before asking a question.– Stuart FFeb 12 at 15:13
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1"radical" is vague but only in the question title, the body clarifies quite enough (in my view) what it means in context - i.e the liberty for someone to change gender.– GouvernathorFeb 13 at 13:15
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2 Answers
As of June 2022, New York state allows anyone over the age of 18 to change their gender on state ID documents to Male, Female, or X simply by submitting a form to the DMV, either in paper or online. No other documentation is required for those that already have an active NY driver's license or non-driver ID. Refer here and here.
Changing your "civil sex" (your gender as it concerns your ID papers and state administrative recognition) requires one to be 18 or older (or to be emancipated i.e specially given autonomy from a minor's status). It is available by going to the tribunal, where the judges will require you to prove that you're recognized as this gender, in your everyday life, among your friends and so on. Having your first name of use not be your legal one but one chosen to more closely match the gender you're asking to be classified as, counts as one of the possible elements of proof. There (explicitely) needs to be several of these elements for the change request to be accepted.
So, no, from how you're describing scottish law, the french one is clearly stricter.
As a sidenote (although it wouldn't change much wrt your original question), a significant number of trans people choose to only change their first name, which is a considerably lighter administrative procedure and accepted in some municipalities. For example a trans man will end up being officially designated as "Ms. John Smith".
