In November 2017, the Federal Constitutional Court (Bundesverfassungsgericht) ruled that civil status law must allow a third gender option, meaning that intersex people would have another option besides being listed as female or male or having a blank gender entry.Germany officially recognising 'third sex' other than male and female The Independent, 8 November 2017 A government proposal on the matter was presented in August 2018.Regierung will Option für drittes Geschlecht schaffen Intersex individuals would be able to register themselves as "divers" on official documents.Regierung will Option für drittes Geschlecht schaffen, Die Zeit, 15 August 2018 The resulting third gender law was approved by the Bundestag in December 2018, and took effect on 1 January 2019. The "divers" option is available for such documents as birth certificates, passports and driver's licenses; however, intersex people are required to receive a doctor's statement or medical certification confirming their intersex status, which was criticized by LGBT groups. Additionally, parents are able to use the "divers" category for newborns with unclear sex traits. In April 2019, the Ministry of the Interior clarified that the "divers" option is applicable to intersex people only, not transgender people. If the Selbstbestimmungsgesetz proposed by the German government in 2022 passes the Bundestag, the "divers" option is open to anyone.
