Civil Status and Trans Persons in Austria

This chapter highlights the Austrian legal framework of the civil status, sex as a category of law, the legal embodiment of trans persons and the process regarding the change of sex, the name of a trans person, the family law effects and early sex ambiguity. It explains the complexity derived from the federal nature of the State, and the little interest afforded to the issue by the political system. It also shows, however, how, step by step, society has become better acquainted with and cognizant of trans persons and the need for the possibility of changes of sex. The Austrian Administrative and Constitutional Courts must be given credit for the fact that a change of sex no longer requires surgery. The procedure for the change of sex reflects the burdens that go along with it, but also demonstrates the understanding of all suffering caused, if no change of sex were permitted by principle.