New Legal Gender Recognition Act

New Legal Gender Recognition Act – a step forward for trans rights

RFSL welcomes the new law as an important step forward for the human rights of trans people, even though it does not fully represent self-determination when changing legal gender, as seen in other Nordic countries. 

The new law has the potential to contribute to increased personal safety and security for many trans persons. Hopefully, this will mean that the lives of trans people are no longer put on hold for as long as before, that gender-affirming healthcare will face a lighter administrative burden, and that waiting times for gender-affirming healthcare will decrease. The law also represents recognition and respect from society for trans people’s right to legal recognition and equal treatment.

It is also positive that the Swedish National Board of Health and Welfare has produced clear guidance for those who will issue the certificate required to apply for a new legal gender. The guidance provides advice on what certification entails and what should not be considered in the assessment. Such support is crucial to ensure that assessments are conducted in an equitable and respectful manner.

What is the Legal Gender Recognition Act?

The law commonly referred to as the Legal Gender Recognition Act is officially titled “Determination of Legal Gender in Certain Cases.” The old law dealt with two things:

1. Changing legal gender
   
2. Bottom surgery for trans people

In Sweden, legal gender is the gender in, for example, your passport. Your legal gender is also reflected in the penultimate digit of your Swedish social security number, where men have odd digits and women have even digits.

Why has a new Legal Gender Recognition Act been needed?

The purpose of the new law is to improve the lives of transgender people. Trans people as a group are at a higher risk of experiencing violence, discrimination, and harassment compared to the general population. The previous law meant that trans people had to wait between 5–8 years to change their legal gender, resulting in many living for several years with the wrong gender marker, for instance, in their passports. Trans people have reported that this has made it more difficult to travel abroad when the perceived gender does not match the one indicated in the passport, leading to discomfort and questioning.

The new law makes it easier for trans people to obtain identity documents with the correct social security number and legal gender.

When does the new law take effect?

The new Legal Gender Recognition Act comes into force on 1 July 2025 in Sweden.

Is the new Legal Gender Recognition Act based on self-determination?

No, the law is not based on self-determination. This means that trans people cannot change their legal gender through a simple administrative process. There’s no longer a requirement of a medical diagnosis, but a statment from a healthcare professional will still be needed.  This has been met with criticism from many human rights organisations and international bodies. In other Nordic countries, it is instead a straightforward administrative process, entirely separate from healthcare.

The new law does not fully respect transgender people’s human rights and does not follow the recommendations of the UN or the Council of Europe regarding self-determination. However, it does make changing legal gender easier, which is a long-awaited improvement for trans people in Sweden.

How will the process of changing legal gender work?

From 1 July 2025, anyone in Sweden aged 16 or older who feels that their legal gender is incorrect can apply to have it changed. For those under 18, parental consent is required. An application must include a certificate from healthcare professionals, which can be issued by:

• Doctors
• Psychologists
• Psychotherapists
• Healthcare counsellors (“hälso- och sjukårdskuratorer” in Swedish)

The meeting can be conducted physically or digitally, depending on the healthcare provider.

A statement from a healthcare professional will be required

The statement must show that the person’s gender identity does not align with the legal gender in the resident register and that it can be assumed that the person will continue to live in that gender identity for the foreseeable future. 

The person issuing the statement should not assess whether the individual has gender dysphoria or not. Gender dysphoria refers to the distress or discomfort experienced when one’s assigned gender at birth does not match one’s gender identity. It is also a medical diagnosis, but having such a diagnosis is not a requirement for changing legal gender.

The healthcare provider should also not base their assessment on the person’s gender expression, such as clothing or hairstyle, nor inquire about how long the person has identified with their current gender identity. The criteria focus on the present and the future.

The form for the statement can be found on Socialstyrelsen.se

What happens once you get the statement?

With the statement from a healthcare professional, you can then apply to change your legal gender with the National Board of Health and Welfare, which is the government agency responsible for receiving and processing applications under the new law.

It is the individual, not the healthcare provider, who submits the statement. The National Board of Health and Welfare’s task is only to ensure that the statement has been correctly issued, that the individual’s identity has been verified, and that all necessary attachments have been included. The agency will not conduct any further assessment.

The documents required for the application include a proof of identity showing that the person is either registered in Sweden or has been and is a Swedish citizen, along with details of their marital status. Those without a Swedish social security number must instead submit documents proving they have a coordination number, as well as documents proving Swedish citizenship and marital status.

The National Board of Health and Welfare then notifies the Swedish Tax Agency, which is the authority responsible for updating the social security number or coordination number in the resident register.

Are there any changes regarding bottom surgery?

The previous law covered both legal gender and bottom surgery. These two areas are now divided into two separate laws.

Previously, a special permit from the National Board of Health and Welfare was required to undergo bottom surgery. This will no longer be the case. Instead, it will be up to gender-affirming healthcare to determine eligibility based on established criteria. This means individuals must demonstrate that their body has, for a long time, not aligned with their gender identity, and that they are expected to live in accordance with their gender identity for the foreseeable future.

For the removal of gonads, the age limit will remain at 23 years, unless a reasonable justification is provided. 

Does the new Legal Gender Recognition Act allow non-binary people to change legal gender?

Those who are non-binary – that is, not exclusively either male or female – will also be able to change their legal gender under the new law. Previously, it has been much harder for non-binary individuals to change legal gender.

However, there are currently only two legal genders in Sweden: male and female. Non-binary individuals can choose to change their legal gender if one of the two options feels like a better fit than the current one.

How does it work if someone wants to change their legal gender again?

There is no limit to how many times an individual can apply to change their legal gender. Previous applications or changes, regardless of how many, should not impact the assessment of a new application.

An exception applies if there are reasons to believe that an application is being made with the intention of committing a crime, as the law cannot be used in a way that enables criminal misuse.

Can intersex people change legal gender?

Anyone aged 16 or older who feels that their legal gender is incorrect can apply to change it, including intersex people. Intersex is an umbrella term for various conditions where a person is born with a body that does not fit typical definitions of male or female.

Intersex individuals under the age of 16 can also apply to change their legal gender, but an application must include a medical statement. This statement must be issued in a healthcare setting governed by the Health and Medical Services Act, by a licensed physician with specialist competence in endocrinology and diabetology.

According to the National Board of Health and Welfare, the medical certificate must state:

• The applicant’s diagnosis.
  
• Why confirming that the applicant has a different gender than the one in the resident register aligns with the development of the applicant’s gender identity.
  
• Why changing the registered gender is in the best interests of the applicant.
  
• The considerations underlying the certificate.
  

As of May 2025, there is no specific guidance for healthcare professionals regarding intersex people, but such guidance is expected in the future.

How did the process of changing legal gender work previously?

Previously, the Legal Advisory Council of the National Board of Health and Welfare decided whether someone could change their legal gender and undergo the surgeries mentioned in the law. The Legal Advisory Council is independent of the rest of the National Board of Health and Welfare and consists of doctors, psychologists, and politicians.

To change legal gender under the previous system, individuals had to meet several requirements:

• They needed a diagnosis of transsexualism.
  
• They had to be at least 18 years old and registered in Sweden.
  
• A special medical statement was required.
  
• They often had to have been in contact with gender-affirming healthcare for at least two years for the Legal Advisory Council to approve their application.

In practice, this meant that it often took between 5-8 years to change legal gender due to long waiting times in healthcare and the increasing number of applications. This period will now be significantly reduced.

Does the new make it easier to access gender-affirming healthcare in Sweden?

The old law addressed two aspects: changing legal gender and requirements for undergoing bottom surgery.

The new law on legal gender is specifically about which gender is recorded in the resident register, which social security number you have, and which gender marker is in your passport. This law does not regulate hormone treatments or other gender-affirming healthcare. A diagnosis will still be required to access gender-affirming healthcare through public healthcare in Sweden.

However, gender dysphoria assessment teams will likely be able to allocate more resources to healthcare, which could mean shorter waiting times. Before the legislative change, for example, psychiatrists at the gender dysphoria assessment team in Stockholm spent about a quarter of their time writing medical certificates and handling administration for patients applying to change legal gender. Hopefully, this time will now be reduced.

The new law on bottom surgery means that a permit from the National Board of Health and Welfare is no longer required for surgery. Instead, the decision will be made by gender-affirming healthcare, based on the criteria that individuals must demonstrate that their body has, for a long time, not matched their gender identity, and that they are expected to live in that identity for the foreseeable future.

The age limit for the removal of gonads will remain at 23 years, unless a reasonable justification is provided. 

Has the new Legal Gender Recognition Act been sufficiently investigated?

The issue of a new Legal Gender Recognition Act has been investigated several times since 2007, meaning for over 15 years. Several authorities are also largely positive about the new law – including the Swedish Gender Equality Agency, the Swedish Medical Association, the Equality Ombudsman, and the Ombudsman for Children.

Will a new Legal Gender Recognition Act affect gender-segregated statistics?

Statistics Sweden (SCB) has stated that they have no objections to a new Legal Gender Recognition Act. In government consultations, SCB wrote that such a law would have “no or very limited impact” on their operations. The Swedish Gender Equality Agency agreed with SCB’s assessment in their own response.

Can the law be exploited for criminal purposes?

An investigation by the Parliamentary Research Service looked at the consequences of introducing a new Legal Gender Recognition Act in Denmark and Norway. It found that no incidents of misuse for criminal purposes had been reported. In Sweden, neither the Police nor the Enforcement Authority assessed in their responses that the introduction of legal gender based on self-determination would pose any future problems.

A report by the organisation Transgender Europe also examined whether countries that have made it easier to change legal gender have seen cases of criminal misuse. No such cases have been found in Europe, where some countries have had such legislation for nearly 10 years.

It is also important to know that the link between the new and the old social security number remains. This ensures, for example, that healthcare can access a person’s previous medical records. Additionally, one often needs to present a certificate to change one’s personal identity number with various companies or authorities. This certificate shows the connection between the new and the old personal identity number. Moreover, authorities like the Swedish Tax Agency can see the link between different personal identity numbers, even if you change it multiple times. This makes it very difficult to evade crimes or debts by changing legal gender.

Will the new Legal Gender Recognition Act affect access to bathrooms or changing rooms?

In Sweden, there is no law regulating which toilet people should use. The new Legal Gender Recognition Act will not change this. However, there are existing laws against harassment and assault, and it is already illegal to harass anyone in spaces like changing rooms. Everyone should feel safe in changing rooms and public toilets.

Will the Act affect how inmates are placed in prisons?

The Swedish Prison and Probation Service (Kriminalvården) already considers placement decisions to minimise the risk of violence. In other countries, this may be handled differently. Making exceptions to the general rule of placement based on legal gender is not new in Sweden – for example, if a woman has committed a sexual offence against another woman.

Kriminalvården is supportive of the new Act and has stated in government consultations that the legislation is consistent with maintaining order and security. They are confident they can prevent misuse of the legislation.

Will the new Legal Gender Recognition Act impact gender-segregated sports?

Sport and physical activity are important for public health. It is therefore essential that sports create a safe, welcoming, and inclusive environment for all. For gender-segregated sports, each sports association determines the rules for both recreational and competitive levels, including how they include trans people. This also applies internationally, where international organisations decide the rules for events like world championships.

Currently, many international sports rules are not based on legal gender but rather on other criteria, such as testosterone levels in the blood or chromosomes. The new Legal Gender Recognition Act will not change this in Sweden.

How do other countries approach legal gender recognition?

In 2012, Argentina became the first country to adopt a Legal Gender Recognition Act based on individual self-determination. Today, 18 countries have a modern gender recognition law based on self-determination. All Nordic countries except Sweden are on this list.

The following countries have a modern transgender law based on self-determination:

• Argentina
• Belgium
• Brazil
• Colombia
• Denmark
• Ecuador
• Finland
• Ireland
• Iceland
• Luxembourg
• Malta
• New Zealand
• Norway
• Portugal
• Switzerland
• Spain
• Germany
• Uruguay

This information is sourced from the ILGA Database.

What has been the history of the Legal Gender Recognition Act in Sweden?

When the Legal Gender Recognition Act was first introduced in 1972, attitudes towards gender and sexuality were very different. The previous version of the law, which is now being replaced, required trans people to undergo sterilisation to change their legal gender until 2013. The justification for forced sterilisation was to maintain “clarity in family relationships.” The preparatory work for the law also expressed concerns about trans people having children after changing their legal gender.

Trans people were also prohibited from preserving any reproductive cells, forcing them to choose between obtaining a new legal gender or becoming biological parents. In addition to the sterilisation requirement, a diagnosis of transsexualism and permission from the Legal Council of the National Board of Health and Welfare were also required — a legacy of the era of forced sterilisation.

How common is regret or detransition among those who have undergone gender-affirming care?

One question that has come up in discussions about legal gender is how many people actually regret gender-affirming care and might want to change their legal gender again.

There is currently no evidence to suggest that regret is more common for gender-affirming care than for other treatments. In 2023, the Swedish Agency for Health Technology Assessment and Assessment of Social Services (SBU) published a review of 47 studies on regret and detransition. These studies show that between 0–4% of people have experienced some form of regret. This includes both regret over treatment outcomes and regret over having undergone treatment.

You can read more about detransition, regret, and retransition at Transformering.se.