Gender recognition is the process by which Maltese Citizens, whose birth is registered in Malta, apply to update their birth records to reflect their chosen gender. The updated birth records should then serve as proof to update the Maltese ID card and other official documentation as the applicant sees fit. Those other residents with foreign birth certificates in Malta, who cannot register their birth in Malta due to the fact that they are not Maltese Citizens, would require their foreign birth certificate to reflect the desired gender or another form of official recognition of gender from their country, in order to update their Maltese official documentation. Persons who have been granted international protection in terms of the Refugees Act or any subsidiary legislation thereof, who wish to update their recorded gender and/or first name, are kindly requested to contact the Office of the Commissioner for Refugees in order to be guided accordingly.
Last Update: 11/12/2020
What is the application procedure to be followed?
- The applicant declares a change of gender and name, as per the specific case, in front of a Maltese Notary who then enrolls the declaration at the Searches Unit.
- The Public Registry receives the request to change gender in the civil status records of the applicant through a Note of Enrolment and the declaration from the Searches Unit.
- The Public Registry, through a relevant annotation, amends all Acts of Civil Status that are mentioned in the Note of Enrolment.
What do I need to provide?
The Note of Enrolment and the declaration is the evidence submitted.
The process can be performed in which languages?
The procedure is carried out in Maltese and English.
How do I prove my identity?
The Note of Enrolment and the declaration received from the Searches Unit is the accepted means of authentication and identification. The Note of Enrolment must bear a:
(1) unique Note of Enrolment Number, and
(2) be signed by the applicant’s notary.
How long does the process take and what are the applicable deadlines?
The Public Registry shall, within fifteen days from the filing of the note of enrolment and the declaration by the Notary at the Searches Unit, enter an annotation in the relevant Acts of the applicant.
The applicant shall, within fifteen days from the Public Registry’s registration of the note of enrolment and declaration, request the Identity Cards Unit to amend his/her identity card and other identification documents and to be issued with a new Identity Card and other identification documents, indicating the gender and/or the first name as amended on the Act of Birth.
Are there any fees for this process?
There are no fees levied by the Public Registry for a gender annotation (recognition).
What should I do if I have not heard from the Public Registry?
The Public Registry Office is legally obliged to act within 15 days and it should therefore be assumed that 15 days from the receipt of the Note of Enrolment that the changes have been made to the registry of birth if no word has been received from the office otherwise.
The Public Registry supplies information regarding the progress of the annotation when this is requested. Enquiries can be made by email or by phone using the contact information below.
What can I do in case there is a dispute?
• General amendments or disputes about the handling of an application – contact the Public Registry Office using the contact information below.
• Changing gender for adopted persons – As per Article 4A of Cap. 540, in all cases of adoptions, the adopting person in the case of a minor or the adopted person, shall apply before the Court which would have issued the adoption decree, requesting the same to change the gender and/or the first name of the adopted person on the adoption decree. If such Court accedes to the respective request, the Director of the Public Registry is then ordered to change the gender and/or the first name on the Act of Birth accordingly.
• Changing gender for minors – Article 7 of Cap. 540 stipulates that in all minors’ cases, the persons exercising parental authority shall apply at the competent court, requesting the same to change or declare the gender and the first name of the minor. If the Court accedes to the respective judicial demand, the Director of the Public Registry is then ordered to change the gender and/or the first name on the Act of Birth accordingly.
• Changing gender after it has been changed previously – As per Article 8(2) of Cap. 540, an amendment to the act of birth by a person who is not at the time a minor, once completed, can only be modified again by a court order. Therefore, that person in these cases, is to apply before the competent court, requesting the same to order an amendment of the recorded gender and/or first name.
The competent Authority responsible for the procedure is the:
- Malta Public Registry, Evans Building, Merchants Street, Valletta, VLT1179.
Tel: +356 2590 4200.
- Gozo Public Registry, By the Bastion Road, Victoria, Gozo VCT1335.
Tel: +356 2215 6383.
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