German Law Forces Austria To Issue ‘Non-Binary’ Passport

German self-ID law and EU courts compel Austria to issue ‘X’ passports, despite no domestic legal basis for non-binary recognition.

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Photo by Marta Branco

German self-ID law and EU courts compel Austria to issue ‘X’ passports, despite no domestic legal basis for non-binary recognition.

A 30-year-old Viennese resident has become, according to officials, the first holder of an Austrian passport with a “non-binary” gender entry.

Emil R., who also lives in Germany, received the “X” passport thanks to a European Court of Justice ruling that obliges EU countries to recognise gender and name changes made in another member state. 

In this case, Emil had been able to change gender under Germany’s Self-Determination Act, in force since 2024, which allows adults to alter their registration with relative ease. 

Austria, however, only permits switching between “male” and “female,” making such cases possible only through foreign recognition.

Not every country recognises the “X” entry, and entry into the United States is likely impossible with such a passport.

Rebeka Kis is a fifth-year law student at the University of Pécs. Her main interests are politics and history, with experience in the EU’s day-to-day activities gained as an intern with the Foundation for a Civic Hungary at the European Parliament.

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