Monegasque justice system recognises gender change for first time

A French-Monegasque male, who was born as a female, has just had his gender changed on his civil status records in Monaco, after undergoing surgery in France.

This is a historic decision in the Principality. For the first time in its history, the Monaco court agreed on 4 July to change the gender of a French-Monegasque person on their civil status records. Born a female and now a male, the applicant began his transition in 2020.

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While French law recognises the right to change gender on official documents, there is no legislation to that effect in Monaco. It is therefore a legal decision, which does not necessarily mean that other cases will have the same outcome.  In this particular case, the applicant’s lawyers referred to European Commission of Human Rights (ECHR) case law, which provides for the right of all individuals “to establish his or her true gender identity.”

Furthermore, according to Monaco Matin, the applicant, of French-Monegasque nationality, had already changed his name with the French state and assured the Principality’s judges that this decision had been well thought out: the unease and feeling of belonging to the opposite sex were apparent from an early age. The applicant also received counselling and carried out his transition“in a free and informed manner.”

The lawyers cited Article 77-11 of the Monegasque Civil Code relating to “the invariability of the forename, which can only be changed for legitimate reasons”.  In this case, the “valid” and “established” nature of the grounds for the application was proven.

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The Monaco public prosecutor’s office could, however, appeal against the decision. Our colleagues from Monaco Hebdo contacted the public prosecutor, who merely stated “that he was examining the decision without ruling out a possible appeal.”