Decision of the Gelderland District Court dated January 21, 2021
Location: rechtspraak.nl (ECLI:NL:RBGEL:2021:325).
The petitioner identifies as transgender. She was assigned female at birth, but this does not align with her gender identity; she does not consider herself feminine. She is currently undergoing a medical gender transition and has been using male hormones for a year.
The petitioner wishes to have an ‘x’ recorded under the gender category on her passport. She has found that this is a lengthy procedure and is not yet widely practiced in the Netherlands. She intends to request that her gender be changed to “cannot be determined” during the process. This possibility is based on, among other things, a decision from the Limburg District Court dated May 25, 2018, ECLI:NL:RBLIM:2018:4931. Her reason for not filing this request is the uncertainty about whether having an ‘x’ on her passport might affect certain travel options.
The petitioner could change her gender to male through the municipality, but she identifies as gender-neutral, making this option unsuitable. Consequently, she cannot change her first names through the municipality, leaving her “outside all regulations.” Nevertheless, she believes it is important to change her given names because they are predominantly feminine. The petitioner’s desired given names, particularly the first name Demi,* can be considered gender-neutral. For this reason, she wishes to relinquish her official given names.
During the given name change process, the petitioner decided to change her gender to “cannot be determined.” The court approved both requests. She could now go by the name Demi, and her passport now listed an ‘x.’ There was no oral hearing.
- The real first name is fictitious.
