Every Maltese citizen has the right to change the gender and name given to reflect that person’s self-determined gender identity. This right emanates from Chapter 540 of the Laws of Malta; ‘Gender Identity, Gender Expression, and Sex Characteristics Act’.
The recorded gender and first name can be changed through a request, sent to the Director of Public Registry. This request needs to be accompanied by a declaratory public deed, which needs to be filed by a notary, whereby it has to include clear, unequivocal and informed declaration by the applicant that one’s gender identity does not correspond to the assigned sex in the act of birth. In addition, a copy of the birth certificate has to be presented with this declaration.
The law expressly states that the notary should not request any psychiatric, psychological or medical document before drawing the declaratory public deed and the director of public registry shall not require any other evidence other than the declaratory public deed. No person shall be required to provide proof of a surgical procedure for total or partial genital reassignment, hormonal therapies or any other psychiatric, psychological or medical treatment to make use of the right to gender identity.
The Director shall within fifteen days from the filing of the note of enrolment by the Notary at the public registry, enter a note in the act of birth of the applicant. When ordered the updated one would be the official birth certificate since the original birth certificate would only be available with the consent of the person to whom the certificate refers to or upon an order of the court.
A person who has not yet attained the age of 16 years, is considered to be a minor in the eyes of the law. Therefore, they are not deemed to have the capacity at law to do this change. Hence, the guardians or tutor having the parental authority of the child may file the application in the Civil Court themselves and it would be up to the particular court to assess this application. The decision needs to be taken according to the best interests of the child as expressed in the Convention on the Rights of the Child be the paramount consideration; whilst giving due weight to the views of the minor having regard to the minor’s age and maturity.
This shall not be construed to be as advice but shall merely serve as a brief description of the procedure to change gender and name. If you would like to get to know more about this, please do not hesitate to contact us on [email protected].