The first legal gender recognition procedures were introduced through amendments to the Civil Code in 2004 (ACT XVIII of 2004). Irreversible gender reassignment was a requirement under this law and gender recognition did not extend to marriage.

 

The provisions were repealed in 2015 and replaced with the Gender Identity, Gender Expression and Sex Characteristics Act (ACT XI of 2015 and subsequently amended by ACT XX of 2015, ACT LVI of 2016, ACT XIII of 2018 and recently amended by Act No. XXV of 2024).

 

Persons availing themselves of these provisions have the right to:

 

The Gender Identity, Gender Expression and Sex Characteristics Act allows for the legal gender recognition of persons based on self-determination and bodily integrity. For persons aged 16 or over, this entails a declaration in front of a notary, which is then enrolled with the Public Registry as a public deed. The Director of Public Registry then authorises the changes to the birth certificate, which paves the way for the person changing their gender marker to request changes to other identity documents, such as ID Cards, Passports, Driver’s License, etc. 

 

The Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act (Act No. XXV of 2024), establishes legal recognition for non-binary genders, allowing individuals to identify officially as non-binary with the gender marker “X” on all official documents. The amendment allows changes to all relevant acts of civil status (e.g., birth, marriage, civil union) to be done through a single notary procedure.

 

Adopted persons seeking to change legal gender on their adoption certificates are required to go through the courts. 

 

With respect to persons less than 16 years of age, parents must apply to the Court of Voluntary Jurisdiction on behalf of their children. The court decree is then submitted to the Director of Public Registry for the changes in the birth certificate to be effected.

 

The law establishes that no-one shall 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. This applies also to children although a court may request an assessment to confirm that the minor is able to provide informed consent.

 

A person can access legal gender recognition provisions even if they are married and will be able to amend their marriage certificate, and other acts to reflect their name and gender identity. No permission or authorisation from the spouse is required since this gender identity is considered to be the right of each individual.

 

The Act also allows for the recognition of the gender identity of persons who were granted international protection under the Refugees Act and for the recognition of foreign decisions related to Maltese nationals or third country nationals decided by a competent court or responsible authority. Persons in detention can also have their gender identity recognised for the period of detention through a declaration made before a notary should they not have access to regular legal gender recognition provisions.

 

 

 

 

Officials must adhere to strict timelines for processing gender change requests. Failure to comply can result in fines between €500 and €1,000.

 

 

Entities maintaining personal records must ensure:

 

 

Detention Facilities: Individuals in gender-segregated detention facilities can have their gender identity recognized, ensuring reasonable accommodation without imposing disproportionate burdens.

 

Recognition of Foreign Decisions: Foreign decisions regarding gender identity are recognized in Malta, ensuring the legal continuity of identity for individuals relocating to Malta.

 

Download the User Guidelines of the GIGESC (Amendment) Act: ENG | MT

 

 

 

Malta depathologised trans identities through ACT No. LVI of 2016 which amended the Gender Identity, Gender Expression and Sex Characteristics Act. The legislation ensures that depathologisation does not inhibit access to trans specific health services.

 

 

 

On the 7th of July of 2015 government adopted the LGBTIQ Action Plan 2015-2017 which included a commitment to introduce an alternative gender marker to ‘M’ or ‘F’ on the Identity Card and Passport. The ‘X’ marker was subsequently introduced in September 2017 and was available to all persons who are entitled to a Maltese ID Card or Passport.

 

Through the provisions of the Gender Identity, Gender Expression and Sex Characteristics (Amendment) Act published in July 2024, Maltese Citizens wanting to be legally recognised as non-binary on their legal documents are to make a declaration with a Notary as prescribed by Chapter 540 of the Laws of Malta. 

 

Foreign residents who, in their home country, have accessed a gender marker that is not ‘M’ or ‘F’, will be represented by an ‘X’ on the Residence Card. 

 

 

 

In 2016 a government circular was issued requesting all government departments and entities to assign at least one third of toilets as gender neutral. The guidelines explained that gender neutral toilets ensure privacy and eliminate discomfort for trans and gender variant persons, who often find themselves in uncomfortable situations when trying to access gender segregated toilets. Additionally, gender neutral toilets are also advantageous for other individuals, such as parents who need to access nappy changing facilities. Indeed, the aim of these toilets is to ensure that a non-judgmental environment for all, whatever the reason for the preference of such facilities.