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No surgery or diagnosis — just a declaration before a notary (GIGESC Act 2015)
Updated July 2026

⚧️ How do you change your legal gender in Malta?

Yes
Quick answer

Yes — and Malta is among the easiest countries in the world, where the process is very simple. Under the Gender Identity, Gender Expression and Sex Characteristics Act (GIGESC, Cap. 540) of 2015, an adult can change their legal gender by a simple declaration before a notary, based solely on self-determination. The big myth: that you need surgery, sterilisation, divorce or a psychiatric diagnosis — Malta abolished all of these in 2015, and was the first country in the world to do so. It requires no court and no doctor's approval. The law also protects intersex children: surgical interventions on a minor's sex characteristics that can be deferred are banned until the person can give their own informed consent — a protection that made Malta an international model.

📋 The rules

  • The GIGESC Act (Cap. 540) of 2015 grants the right to change your legal gender based on self-determination.
  • An adult changes their legal gender by a declaration before a notary, after which the civil acts are updated.
  • No surgery, sterilisation, divorce or mental-health diagnosis is required.
  • The process is administrative — it needs no court decision for adults.
  • Deferrable surgical interventions on a minor's sex characteristics are banned without informed consent.

🔓 Exceptions

  • For minors, the change goes through a different procedure that involves the court and considers the minor's views.
  • Parents can postpone entering the gender marker on the birth certificate until the child's identity is determined.
  • Changing your legal gender does not cancel obligations or rights acquired earlier (such as parental responsibilities).

⚠️ Penalties & fines

The GIGESC Act does not only grant a right — it also imposes prohibitions. It is illegal for doctors or other professionals to carry out treatment or surgery on a minor's sex characteristics where this can be deferred until the person can give their own informed consent; breaching this ban can bring professional and criminal liability. Discrimination or breach of privacy based on gender identity or expression is also prohibited and can lead to proceedings. On the practical side, after the change, documents and civil acts must be updated properly — from the identity card to the civil register — or problems can arise with banks, work or travel. The Maltese model makes the process simple, but it remains important that everything is recorded correctly to avoid any administrative trouble.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do you need surgery to change your legal gender in Malta?

No, and this is the biggest thing that sets Malta apart. Since 2015 the change of legal gender is based solely on self-determination, without any surgery, sterilisation, divorce or psychiatric diagnosis being required of any kind.

What is the process to change your legal gender?

For adults, the process is done by a declaration before a notary based on self-determination, after which the civil acts and documents are updated. It requires no court decision and no approval from a doctor or psychologist.

Can minors change their legal gender?

Yes, but through a different procedure that involves the court and considers the minor's own views. In addition, parents can postpone entering the gender marker on the birth certificate until the child's identity is determined.

What does the law protect for intersex children?

The GIGESC Act bans surgical interventions or treatments on a minor's sex characteristics where these can be deferred until the person can give informed consent. This was the first such ban in the world and made Malta an international model.

Does changing gender cancel earlier obligations?

No, changing your legal gender does not cancel rights and obligations that arose earlier, such as parental responsibilities or contractual duties. What changes is the gender marker in the official acts and documents, not the person's existing legal ties.

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