ACT No. XI of 2015 AN ACT for the recognition and registration of the gender of a person and to regulate the effects of such a change, as well as the recognition and protection of the sex characteristics of a person.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

14th April, 2015

ACT No. XI of 2015

AN ACT for the recognition and registration of the gender of a

person and to regulate the effects of such a change, as well as the

recognition and protection of the sex characteristics of a person.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Gender Identity, Gender Short title.

Expression and Sex Characteristics Act, 2015.

In this Act, unless the context otherwise requires

Interpretation.

"Director" means the Director for Public Registry;

"gender expression" refers to each person’s manifestation of

their gender identity, and/or the one that is perceived by others;

"gender identity" refers to each person’s internal and individual

experience of gender, which may or may not correspond with the sex

assigned at birth, including the personal sense of the body (which

may involve, if freely chosen, modification of bodily appearance and/

or functions by medical, surgical or other means) and other

expressions of gender, including name, dress, speech and

mannerisms;

"gender marker" refers to the identifier which classifies persons

within a particular sex category;

"interdisciplinary team" refers to the team established by article

"Minister" means the Minister responsible for equality;

"minor" means a person who has not as yet attained the age of

eighteen years;

"Notary" means a person holding a warrant to practise as a

Notary Public in Malta in accordance with the Notarial Profession

and Notarial Archives Act; and

"sex characteristics" refers to the chromosomal, gondal and

anatomical features of a person, which include primary characteristics

such as reproductive organs and genitalia and/or in chromosomal

structures and hormones; and secondary characteristics such as muscle

mass, hair distribution, breasts and/or structure.

(1)

All persons being citizens of Malta have the right

to -

(a)

the recognition of their gender identity;

(b) the free development of their person according to

their gender identity;

(c)

be treated according to their gender identity and,

particularly, to be identified in that way in the documents

providing their identity therein; and

(d)

bodily integrity and physical autonomy.

(2) Without prejudice to any provision of this Act -

(a)

a person’s rights, relationship and obligations

arising out of parenthood or marriage shall in no way be

affected; and

(b) the person’s rights arising out of succession,

including but not limited to any testamentary dispositions made

in one’s favour, and any obligations and, or rights subjected to

or acquired prior to the date of change of gender identity shall in

no way be affected.

(c)

any personal or real right already acquired by third

parties or any privilege or hypothecary right of a creditor acquired

before the change in the gender identity of the person shall in no

way be affected.

(3) The gender identity of the individual shall be respected at

all times.

(4) The person shall not 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.

(1) It shall be the right of every person who is a Maltese Change of

citizen to request the Director to change the recorded gender and, or gender identity.

first name and, first name, if the person so wishes to change the first

name, in order to reflect that person’s self determined gender identity.

(2) The request shall be made by means of a note of enrolment

in accordance with article 5(2).

(3) The Director shall not require any other evidence other

than the declaratory public deed published in accordance with article

(4) 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.

(5) The provisions of article 249 of the Civil Code shall Cap. 16.

mutatis mutandis apply.

(6) (a)

The person who made a request in accordance with

sub-article (1) shall also be entitled to demand that a full certificate of

the act of birth showing the particulars resulting from the annotations

be issued to them so however that there shall be indicated on such

certificates the annotations that have been made upon it by virtue of a

decree of a court or in terms of the procedure established under this

Act without the details of the said annotations being specified.

(b) A person whose request to the Court of Revision of

Notarial Acts, for a correction in the name and gender assigned to

them in their act of birth, shall be entitled to demand that a full

certificate of their act of birth showing the particulars resulting from

the annotations be issued to them so however that there shall be

indicated on such certificate that annotations have been made upon it

by virtue of a decree of a court without the details of the said

annotations being specified.

(c) Within seven days from receipt of a request made for the

issue of a birth certificate drawn up in accordance with this article,

the Director shall not give any information contained in the register

indicating the original act of birth except insofar as provided in this

article.

(7) The said information or copy of the original act of birth

may be given

(a)

with the consent of the person to whom the

certificate refers; or

(b) when there is no such consent, upon an order of the

Court (Voluntary Jurisdiction Section) or of another Court

taking cognizance of a cause where the necessity of the

presentation of that certificate or information arises, where the

Court is satisfied that the issuing of the said certificate or

information is necessary to defend or safeguard a right or a

legitimate interest of the person making the demand which, after

taking into consideration all relevant circumstances, the court’s

considerations should prevail over the right to privacy of the

person to whom the certificate refers.

(8) A person who was granted international protection in terms

of the Refugees Act, and in terms of any other subsidiary legislation

issued under the Refugees Act, and who wants to change the recorded

gender and first name, if the person so wishes to change the first name,

shall make a declaration confirmed on oath before the Commissioner

for Refugees declaring the person’s self-determined gender and first

name. The Commissioner for Refugees shall record such amendment in

their asylum application form and protection certificate within fifteen

days.

5. (1) The drawing up of the declaratory public deed shall

contain the following elements

(a)

a copy of the act of birth of the applicant;

(b) a 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;

(c)

a specification of the gender particulars;

(d) the first name with which the applicant wants to be

registered; and

(e)

all the prescribed elements required in accordance

with the Notarial Profession and Notarial Archives Act.

(2) The Notary shall not request any psychiatric,

psychological or medical documents for the drawing up of the

declaratory public deed.

(3) Every Notary receiving such an act must deliver to the

Director a note in accordance with article 50 of the Notarial Profession Cap. 55.

and Notarial Archives Act.

The date of entry of the note by the Director in accordance Effective date.

with sub-article (4) of article 4 shall be considered, for all purposes of

the law, as the effective date from when the person is considered to

belong to the gender indicated in the note.

(1) The persons exercising parental authority over the Minors.

minor or the tutor of the minor may file an application in the registry

of the Civil Court (Voluntary Jurisdiction Section) requesting the

Court to change the recorded gender and first name of the minor in

order to reflect the minor’s gender identity.

(2) When an application under sub-article (1) is made on

behalf of a minor, the Court shall

(a) ensure that the best interests of the child as

expressed in the Convention on the Rights of the Child be the

paramount consideration; and

(b) give due weight to the views of the minor having

regard to the minor’s age and maturity.

(3) If the Court accedes to the request made in accordance

with sub-article (1), the Court shall order the Director to change the

recorded gender and first name of the minor in the act of birth of the

minor.

(4) The persons exercising parental authority over the minor or

the tutor of the minor whose gender has not been declared at birth, shall

before the minor attains the age of eighteen, file an application in the

registry of the Civil Court (Voluntary Jurisdiction Section) in order to

declare the gender and the first name of the minor, if the minor wants to

change the first name, and following the express consent of the minor,

taking into consideration the evolving capacities and the best interests

of the minor. The Civil Court (Voluntary Jurisdiction Section) shall

order the Director to record the gender and first name of the minor in

the act of birth of the minor.

(1) Accessibility to the full act of birth shall be limited Amendment to

solely and exclusively to the person who has attained the age of the act of birth.

eighteen years and to whom that act of birth relates or by a court

order.

(2) An amendment to the act of birth made in terms of this Act

by a person who is not at the time a minor, once completed, can only be

modified again by a court order.

(1) A final decision about a person’s gender identity,

which has been determined by a competent foreign court or

responsible authority acting in accordance with the law of that

country, shall be recognized in Malta.

(2) A gender marker other than male or female, or the absence

thereof, recognised by a competent foreign court or responsible

authority acting in accordance with the law of that country is

recognised in Malta.

(1) A person shall, not later than one month from the

publication of the declaratory deed, indicate to the Director the acts of

civil status, other than the act of birth, which need to be amended.

(2) A person, in respect of whom an amendment to the act of

birth has been made in accordance with the provisions of this Act

shall, within fifteen days from the date specified in article 6, request

the authorised officers in terms of the Identity Card and other Identity

Documents Act to amend the identity card and other identification

documents of the person and to issue a new identity card and other

identification documents indicating the gender and the first name of

the person reflecting the amendment made in the act of birth of the

person.

(3) A person may also, on the payment of such fee as may be

prescribed, request any other competent authority, department,

employer, educational or other institution to issue any official

document or certificate relative to them indicating the change in gender

and first name of the person.

(1) Whosoever shall knowingly expose any person who

has availed of the provisions of this Act, or shall insult or revile a

person, shall upon conviction be liable to a fine (multa) of not less

than one thousand euro (€1,000) and not exceeding five thousand

euro (€5,000).

(2) Saving the provisions of article 83B of the Criminal Code,

when an offence is motivated by gender expression and sex

characteristics, the punishment shall be that laid down in the said

article.

(3) Whosoever knowingly violates any of the provisions of this

Act, shall upon conviction be liable to a fine (multa) of not less than

five hundred euro (€500) and not exceeding one thousand euro

(€1,000).

A person who in the course of the discharge of official Data protection.

duties was involved with a matter relating to this Act, shall not Cap. 377.

disclose such matter in accordance with the Professional Secrecy Act Cap. 440.

and the Data Protection Act

Provided that the copies of the public deed referred to in article 5

published in terms of the Notarial Profession and Notarial Archives Act Cap. 55

shall not be deemed to have been issued in violation of this article.

(1) Every norm, regulation or procedure shall respect Anti-

the right to gender identity. No norm or regulation or procedure may discrimination

and promotion

limit, restrict, or annul the exercise of the right to gender identity, and of equality.

all norms must always be interpreted and enforced in a manner that

favours access to this right.

(2) The public service has the duty to ensure that unlawful

sexual orientation, gender identity, gender expression and sex

characteristics discrimination and harassment are eliminated, whilst

its services must promote equality of opportunity to all, irrespective

of sexual orientation, gender identity, gender expression and sex

characteristics.

(3) The provisions of this Act shall apply to the private sector,

all public sector and public service departments, agencies and all

competent authorities that maintain personal records and, or collect

gender information. Such forms, records and or information shall be

assessed and modified to reflect the new standards established by this

Act within a maximum of three years from the date of entry into force

of this Act.

(1) It shall be unlawful for medical practitioners or Right to bodily

other professionals to conduct any sex assignment treatment and/or integrity

physical

surgical intervention on the sex characteristics of a minor which autonomy.

treatment and/or intervention can be deferred until the person to be

treated can provide informed consent

Provided that such sex assignment treatment and/or

surgical intervention on the sex characteristics of the minor shall be

conducted if the minor gives informed consent through the person

exercising parental authority or the tutor of the minor.

(2) In exceptional circumstances treatment may be effected

once agreement is reached between the interdisciplinary team and the

persons exercising parental authority or tutor of the minor who is still

unable to provide consent

Provided that medical intervention which is driven by

social factors without the consent of the minor, will be in violation of

this Act.

(3) The interdisciplinary team shall be appointed by the

Minister for a period of three years which period may be renewed for

another period of three years.

(4) The interdisciplinary team shall be composed of those

professionals whom the Minister considers as appropriate.

(5) When the decision for treatment is being expressed by a

minor with the consent of the persons exercising parental authority or

the tutor of the minor, the medical professionals shall

(a) ensure that the best interests of the child as

expressed in the Convention on the Rights of the Child be the

paramount consideration; and

(b) give weight to the views of the minor having regard

to the minor's age and maturity.

All persons seeking psychosocial counselling, support and

medical interventions relating to sex or gender should be given expert

sensitive and individually tailored support by psychologists and

medical practitioners or peer counselling. Such support should extend

from the date of diagnosis or self-referral for as long as necessary.

(1) The Minister, after consulting the

Minister

responsible for health, shall appoint a working group.

(2) The working group shall consist of a Chairperson and nine

members.

(3) The Chairperson shall be a medical doctor with at least

twelve years experience.

(4) The members shall be three experts in human rights issues,

three psychosocial professionals and three medical experts.

(5) The Minister shall appoint the working group within three

months of the entry into force of this Act.

(6) The members of the working group shall review the

current medical treatment protocols in line with current medical best

practices and human rights standards and shall, within one year from

the date of their appointment, issue a report with recommendations

for revision of the current medical treatment protocols.

The Minister may make regulations to give better effect to

any of the provisions of this Act and generally to regulate gender

identity in conformity with the provisions of this Act.

The Civil Code shall be amended as follows

Amendments of

the Civil Code.

(a) immediately after sub-article (11) of article 4 thereof, there

shall be added the following new sub-article

"(12) When applying for the registration of a marriage

contracted abroad between partners of the same sex, the partners

to the marriage may elect to

(a) adopt for both of them the surname of one of

the partners to the marriage or the surnames of both in the

order they choose for both; or

(b)

retain their own surname

Provided that if no choice is expressed in

accordance with this sub-article the partners to the marriage

shall retain their own surnames.";

(b) articles 257A to 257D thereof, both inclusive, shall be

deleted;

(c) in paragraph (c) of article 278 thereof for the words "sex of

the child;" there shall be substituted the words "the sex of the child:"

immediately thereafter there shall be added the following

new proviso

"Provided that the identification of the sex of the minor may

not be included until the gender identity of the minor is

determined.".

Article 2 of the Equality for Men and Women Act shall be Amendment of

the Equality for

amended as follows

Men and

Women Act.

(a)

in sub-article (1) thereof, in the definition of the

term "discrimination", the words "gender identity and includes

the treatment of a person in a less favourable manner than

another person is, has been or would be treated on these grounds

and "discriminate" shall be construed accordingly;" shall be

substituted by the words "gender identity, gender expression or

sex characteristics and includes the treatment of a person in a

less favourable manner than another person is, has been or

would be treated on these grounds and "discriminate" shall be

construed accordingly; ";

(b) in sub-article (3) thereof, the words "or gender

identity is:" shall be substituted by the words "or gender

identity, gender expression or sex characteristics is:";

(c)

in paragraph (a) of sub-article (3) thereof, the words

"or gender identity;" shall be substituted by the words "or

gender identity, gender expression or sex characteristics;"; and

(d) in paragraph (c) of sub-article (3) thereof, the words

"or gender identity;" shall be substituted by the words "or

gender identity, gender expression or sex characteristics;";

(e)

in paragraph (d) of sub-article (3) thereof, the words

"gender identity, unless that provision, criterion or practice is

appropriate and necessary and can be justified by objective

factors unrelated to sex." shall be substituted by the words

"gender identity, gender expression or sex characteristics unless

that provision, criterion or practice is appropriate and necessary

and can be justified by objective factors unrelated to sex.".

Passed by the House of Representatives at Sitting No. 256 of the

1st April, 2015.

Ċ ENSU G ALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.08