§ 21 para. 1 no. 3 Civil Status Law (PStG) required an official certification of a child’s gender. The entry possibilities are ‘male’, ‘female’ and since 2018, ‘divers’ as well. In the case of non-assignment, it is also possible to leave the gender entry blank, but the legislation does not, up until now (status of 2020), intend to fully delete the gender entry in the natal register. As an explanation, it is stated that the gender entry given at birth is a reference entry which provides the possibility of proof within the legal communication. In contrast to other registers like the civil register, the natal register holds probative force in accordance with § 54 PStG. The following judgments state that the gender must be entered mandatorily in the civil status but, in contrast to the general assumption, the name assignment can be independent of this.

Federal Constitutional Law of 05.12.2008, ref.no.: 1 BvR 576/07
Situation: A couple has chosen the name ‘Kiran’ for their child, a named used in Indian for both men and women. The registrar refused to register the first name, as it was the only first name, it therefore raised doubts about the child’s gender/sex. The entry is only admissible if it is accompanied by another first name which clearly indicated the child’s gender/sex. In German usage, first names with the suffix ‘an’ tend to refer to people of the male gender such as Maximilian, Sebastian or Stefan.

Judgment: The Federal Constitutional Court ruled that parents are allowed to give their child a gender-neutral name, as there are no laws to rule this out. Precious instances had referred to a service instruction for registrars, which, however, are meant to be understood only as an instruction and not as a law. The only limit to the naming is where the well-being of the child may be endangered. Also §§ 21 para. 1. no.1, no.3 PStG, the list that the name and gender/sex of the child be entered in the civil register does not specify that the name must be clearly assignment to the gender/sex.

Furthermore, according to art. 6 para.1 sentence 1 Basic law (GG): ‘care and education of children […] the natural right of parents […]’. By naming the child, they protect the child’s general right of personality, which is derived from art. 2 para. 1 in connection with Art. 1 para. 1 of the Basic Law, since it includes the right to receive a first name and its protection. The parent’s decision is important for the personality of the child, because the name helps them to find their identity and develop their individuality.