EU Advocate General Urges Member States to Recognize Transgender Identities in Official Documents

Advocate General Jean Richard de la Tour, a senior legal adviser at the European Court of Justice (ECJ), has delivered a non-binding but highly significant opinion recommending that all European Union member states recognize the gender identity of transgender people in official documents, including identity cards and birth certificates. The opinion comes in response to a case from Bulgaria, where a transgender individual’s application to change the gender marker on their birth certificate was denied by national authorities, setting the stage for a pivotal legal battle with Europe-wide implications .

The legal challenge originated with a Bulgarian transgender woman who sought to amend her birth certificate to reflect her gender identity, a request that was denied under Bulgarian law. This case was subsequently referred to the ECJ, raising the broader question of whether EU member states must recognize such changes made in another EU state .

Advocate General de la Tour’s opinion draws on foundational EU rights, particularly the right of all EU citizens to move and reside freely within the Union (Article 21 of the Treaty on the Functioning of the European Union, TFEU), and the right to respect for private and family life (Article 7 of the Charter of Fundamental Rights of the EU). According to de la Tour, when a person’s gender identity is legally recognized in one EU country, other member states must recognize that status for the purposes of issuing identity documents, or else risk violating these fundamental rights .

De la Tour’s opinion is remarkable for its clarity and emphasis on the lived realities of transgender people. He argues that national laws that fail to provide for legal gender recognition, or that refuse to recognize changes made in another member state, constitute a barrier to the principle of free movement—a cornerstone of the EU—by forcing transgender people to live with identity documents that do not reflect their true selves .

The opinion further specifies that this obligation should extend to all relevant civil status documents—not only birth certificates but also identity cards and passports. The Advocate General referenced previous ECJ cases to support the idea that changes to names and gender markers lawfully made in one country should be recognized by all member states, unless there are compelling reasons not to do so .

The lack of legal recognition for transgender identities in some EU countries has led to significant barriers for transgender people, including difficulties accessing employment, healthcare, and cross-border services. Advocates have long argued that inconsistent policies across the EU create a patchwork of rights and protections, leading to legal uncertainty and discrimination for transgender citizens as they move between member states .

Organizations such as ILGA-Europe and the European Parliament’s Intergroup on LGBTI Rights have welcomed the Advocate General’s opinion, emphasizing that it underscores the need for harmonized policies and equal treatment for transgender people across the EU. They note that, while the opinion is not binding, the ECJ often follows the advice of its Advocates General in its final rulings, making this a potentially transformative moment for transgender rights in Europe .

The Advocate General’s opinion has provoked strong reactions, particularly in countries with more restrictive approaches to gender recognition. In Bulgaria, where the case originated, authorities have resisted legal reforms supporting transgender rights, and the country does not recognize same-sex marriage or civil partnerships .

Human rights organizations have hailed the opinion as a step toward greater equality, while some conservative political groups have criticized it as infringing on national sovereignty. Legal scholars point out that the Advocate General’s reasoning is firmly anchored in EU law and jurisprudence, making it difficult for member states to justify non-recognition of gender identity changes made elsewhere in the Union .

The ECJ will now consider Advocate General de la Tour’s opinion as it prepares its final judgment in the Bulgarian case. While the court is not obliged to follow the Advocate General’s advice, it does so in a majority of cases. A ruling in favor of mandatory recognition could set a binding legal standard, requiring all EU member states to update their procedures for issuing identity documents to transgender people in line with EU law .

Transgender rights groups across Europe are closely monitoring the case, expressing hope that a favorable judgment will reduce discrimination and improve the daily lives of transgender people by ensuring their legal identities are respected wherever they live, work, or travel in the EU. The outcome could also influence debates on transgender rights and legal recognition in countries beyond Europe, as the EU’s approach to human rights and equality often serves as a reference point for other jurisdictions .