By Gunnar Schupelius
The new law on gender registration stipulates that family courts should intervene extensively in parental rights. This plan raises questions, says Gunnar Schupelius.
The federal government is working on a “law on self-determination with regard to gender entry”. Family Minister Lisa Paus (Greens) and Justice Minister Marco Buschmann (FDP) are entrusted with this.
The draft of this law is now known. It provides that you can change your gender by making an entry at the registry office. A simple explanation should suffice. You specify “male”, “female” or “diverse”, that’s all.
Previously, such a change required medical reports from experts. They should no longer be required in the future.
The gender entry should be irreversible for one year, but can then be changed again.
If children under the age of 14 wish to change their sex, the parents or legal guardians must submit the declaration of change. If they are older than 14 years, they may submit the declaration themselves.
The registry office should ask for parental permission. If they don’t want to give their consent, the family court should decide.
This regulation raises questions because it represents an actually unusual interference with parental rights, which are guaranteed in the Basic Law. There it says in Article 6, paragraph 2: “Caring for and bringing up children are the natural right of the parents and the primary duty incumbent on them.” According to Article 6 (paragraph 3), state intervention is only permitted “if the legal guardians fail”. .
If the parents do not agree with the 14-year-old child’s request for a gender change, that does not mean that they “fail”, but that they simply have a different opinion than the child. So why should they be deprived of the opportunity to make a decision?
In very practical terms: why should the family court know better than the parents which path is the right one for their child? How are the judges supposed to know?
Changing gender is one of the most momentous decisions you can make. It fundamentally changes your whole life, especially when it involves hormonal or surgical changes.
It’s a decision whose implications are much harder to assess at the age of 14 than later. Given the magnitude of such a decision, it is not only the parent’s right to interfere, it is also their duty.
Your signature is required for every little thing. It is always said that parents are responsible for their children. But should the family court take over when it comes to the biggest decision?
This intention is unworldly, it seems presumptuous and encroaching. Parents must remain the first authority until they come of age.
It has never paid off in history when the state thought it knew better.
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