Gender Reassignment in the Czech Republic After 2025

A Major Change in Czech Law: What Does the Abolition of Mandatory Surgery Mean?

In May 2024, however, the Constitutional Court, in its ruling file no. Pl. ÚS 52/23, decided that this condition violates the fundamental right to the protection of bodily integrity and human dignity. Therefore, with effect from 30 June 2025, it repealed the parts of the laws that required the surgery. 

Based on This Landmark Ruling, the State Can No Longer Force You to Choose Between Your Legal Identity and Your Reproductive Health.

However, this has created temporary legal uncertainty. Parliament did not react to the court's decision by passing a new law, and to avoid chaos, the Ministry of Health issued a methodological guideline to unify the procedure from July 2025. However, this guideline does not have the force of law and may be changed in the future. 

How Does the Legal Gender Affirmation Process Work Now? A Practical Step-by-Step Guide

The new process is administratively simpler but still requires careful preparation and the completion of several key steps. 

Step 1: Diagnosis and Confirmation from a Sexologist

The basis for everything is a medical certificate. You must visit a sexologist who, after a diagnostic phase typically lasting 6 to 12 months, will establish a diagnosis of "transsexualism" (under the International Classification of Diseases, code F 64.0). After confirming the diagnosis and receiving your informed consent, the doctor will issue you a key document: "Confirmation of Meeting the Conditions for Legal Gender Affirmation." Importantly, hormone therapy or surgery are now entirely voluntary and are not a condition for the legal change.

Step 2: Declaration at the Registry Office

With the confirmation from the sexologist, you can go to any registry office (matrika) in the Czech Republic. There, you will make a personal declaration of gender change. You must be of legal age for this step, i.e., over 18 years old. The legal gender change itself occurs on the day the registry office makes a so-called additional record of the gender change in the birth register.

Step 3: Changing Your First Name, Surname, and Birth Number

After the gender change is recorded in the registry, you must bring your first name and surname into line with your new identity. If you do not request a specific change yourself, the registry office will change your surname according to the rules of Czech grammar and will initiate a court proceeding to determine your new first name. Subsequently, you need to apply for a change of your birth number (rodné číslo), which encodes gender.

The Biggest Legal Risks: What Happens to Your Marriage and Property?

While the process of legal gender affirmation has been simplified, one crucial and often overlooked legal fact remains in effect and can have devastating impacts on your family life. It is a paradox where a positive change in one area can unexpectedly trigger a crisis in another.

According to Section 29(2) of the Civil Code, on the day of the legal gender change, your existing marriage or registered partnership automatically terminates. This is not a divorce, but a termination of the union directly by law. Without prior preparation, this can lead to chaos in property and personal relationships. The termination of the marriage creates an obligation to settle the community property (společné jmění) and may also give rise to claims for maintenance.

Preparing a community property settlement agreement before completing the gender change can save you not only money but, above all, a great deal of stress and future disputes.

Termination of Marriage and Property Settlement

Are You a Parent? How Gender Affirmation Affects Your Children and Parental Rights

For parents, the question of the impact on their children is the most important one. We have good news for you: a legal gender change does not deprive you of your legal status as a parent and the associated parental responsibility. Your rights and obligations towards your child remain fully intact. However, since your marriage terminates, the court must, just as in a divorce, issue a new decision on how minor children will be cared for, who will have custody, and how child support will be determined.

Even if you and your partner stay together and fully agree on childcare, this court proceeding cannot be avoided. The court will initiate it automatically as soon as it learns of the termination of your marriage. However, if you present your joint agreement to the court, the proceeding is usually just a formality, and the court will approve your agreement if it is in the child's best interest. After the termination of the marriage, you can formalize your relationship anew by entering into a partnership from 1 January 2025.   

Parental Rights and Childcare

Cross-Border Life and International Law: Will Your New Identity Be Recognized Abroad?

In today's interconnected world, it is also important to consider the international context. The legal framework for recognizing a gender change is not uniform across the European Union. While some countries like Germany or Spain are moving towards a model of self-determination based on a simple declaration, others may still have stricter conditions. In practice, this can cause problems with the recognition of Czech documents, when travelling, getting married abroad, or in inheritance proceedings.

Thanks to our decade of experience and our connection to an international network of lawyers, our EU-based legal team handles cases with an international element on a daily basis. Whether you need to ensure the recognition of your identity in another EU country, resolve property relations with a foreign partner, or arrange contact with children living abroad, we are ready to provide you with comprehensive legal services.

Your Journey to a New Identity Deserves Certainty and Professional Support

The process of gender affirmation is a deeply personal journey. While the new legislation makes it more accessible, it also brings significant legal consequences in family and property matters that must be addressed with expert help. We understand the sensitivity of your situation and are prepared to provide you not only with legal services but also with empathy, discretion, and strategic planning.

Our goal is to ensure that the legal side of your transformation is as smooth and secure as possible. If you have any questions or want to discuss your specific situation, do not hesitate to contact us and arrange a consultation at consultation@arws.cz. We are here for you.