Legal name and sex change procedure

Court of jurisdiction and procedure: time, cost, conditions.

Generally, the legislation provided for transgender people regarding sex-assignment modification (Law 164/1982) is applied when an intersex person wants to change gender and name; it is a long and expensive path, both economically and emotionally, since it is complex. They could therefore resort either to the 'unnamed status action' to change their status (M/F) according to the ordinary civil proceedings (Art. 163 et seq. of the Code of Civil Procedure, C.P.C.), or to an adjustment action aimed at simply correcting what is written in the birth certificate, with a far more “streamlined” and quick procedure (Art. 95, Presidential Decree 396/2000). Both avenues are certainly possible, and both overcome the inadequacy, length, and cost of the provisions of the Law 164/1982.

The court may be approached by either the person concerned or the parents of a minor acting as their legal representatives (article 70 C.P.C.). If there is a conflict of interest between the minor and their parents —for instance, if the latter do not wish to act— an application may be made for the appointment of a special curator (art. 78 C.P.C.). In Italian jurisprudence there is a not so recent case where, despite the parents' unwillingness to act, the juvenile court judge proceeded to appoint a special curator to implement the surgical and therapeutic practices deemed necessary for the assumed well-being of the minor. (Trib. min. Potenza, 29.7.1993, in Riv. it. med. leg., 1996, p. 299, and in Dir. fam. e pers., 1993, p. 1199).

It is possible to make an informal petition to the Public Prosecutor's Office to begin adjustment proceedings (Art. 95, para. 2, Presidential Decree 396/2000) on receiving a report of misalignment between identity and legal sex of an intersex minor. The burden of proof of intersex status falls on the person concerned, who may use any means to comply, including so-called “atypical” evidence, such as out-of-court expert opinions. The judge may also order ex officio a technical expert opinion to determine whether there is an error in the birth record in the civil status register. To ensure the rule of law, the amending act will not have retroactive effect.