A programmer from Cluj turned into a woman, went to the court to change his documents – his name from male to female, and so was his gender. The court approved his request

A man from Cluj, or rather a woman from Cluj, went to court to change his documents – his name from male to female, and so was his gender. The court approved his request.
The person addressed the Cluj-Napoca Court on November 21 last year against the Directorate of Personal Records and other institutions and requested the approval of the change of the mention of the gender registered in the civil status documents of the applicant party, namely from male to female, approving the change of the given name, approving the change of the personal numerical code so as to reveal the identity of the female sex, obliging the institutions to make the necessary entries in the civil status register and obliging them to issue a new birth certificate, which certifies the female gender, the first name new and the personal numerical code related to the female gender, “without leaving any indication to betray the change of the above mentions following gender reassignment”.

It is a very unusual type of trial, and the Court found that according to the documents, the plaintiff was born male. On the other hand, according to the plaintiff’s claims, made in the summons, she does not identify with the biological sex assigned at birth.

“Correlatively, from the contents of the psychotherapy reports submitted to the file and the claims of the plaintiff, it appears that the latter felt a strong incongruity between the gender felt and the sex assigned at birth from the earliest age,” as the court noted. She also noted that in 2021, the plaintiff started hormonal treatment in order to transition to the female sex.

The Court of Cluj-Napoca approved a few days ago, on April 30, the summons request. The court also approved the requests of the plaintiff party – it approves the change of the personal numerical code of the plaintiff party, so as to reveal the female identity. Obliges the defendant parties to make the necessary entries in the civil status register, so that the first name of the plaintiff party is the one requested, the personal numerical code is one belonging to the female gender, and the gender is female.

It obliges the defendant parties to issue a new birth certificate to the plaintiff party, which certifies the female sex, the new first name and the personal numerical code related to the female sex, without leaving any indication that betrays the change of the above mentions, following gender reassignment. The decision can be appealed within 30 days of communication.

In support of the summons, it was shown, in essence, that the plaintiff is a transgender or transsexual person. According to the Council of the European Union, transgender people or transsexual people are people whose gender identity does not correspond to the biological sex assigned at birth. “This means that he identifies permanently and with his entire being as belonging to the female sex, and his gender identity is female, while the biological sex he was born with is male or male. According to the definition provided by the Council of Europe, gender identity represents the right of each person to feel in his inner forum, based on a deeply personal experience, his belonging to the male or female gender, which may not correspond to the sex assigned at birth. Gender identity represents an extremely intimate aspect of every citizen.

Transgender people are therefore in a different legal situation than cisgender, cisgender people being the vast majority of people for whom their own perception of gender identity coincides with the sex assigned at birth. So in the case of cisgender, there is an identity between the anatomical sex and the gender with which they identify, while in transgender people, the sex assigned at birth is not consistent with their gender identity”, the documents of the file state. “This incongruence between biological sex and gender identity causes acute and permanent suffering among transgender people, suffering that can be overcome when they manage to achieve a balance between their gender identity and how they are perceived and treated by their peers. Some transgender people begin hormone treatments and/or surgical treatments with the goal of bringing their outward appearance closer to their gender identity. Treatments are invasive, involving a lot of physical pain, psychological challenges and a high degree of commitment, in addition to high costs and time. Carrying out these treatments or surgical interventions is not a condition for changing the mention of gender in civil status documents, but represents a personal option of each transgender person”.

The plaintiff is a programmer at a company in Cluj, where her colleagues perceive her as a woman and have supported her in her gender transition, she is addressed by her female first name and assigned an email address with female credentials.

Court decision:

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