Surgery will no longer be a condition for official sex change. The current legislation did not stand up to the Constitutional Court (ÚS), which abolished the disputed sections with effect from mid-2025. The demand for surgical intervention and castration due to a “status” gender change is contrary to human dignity, the ÚS said. He considered the current state to be unsustainable, and drew attention to the long-term inaction of politicians. Now they have to discuss and accept the new arrangement. Until then, the current conditions apply, as the enforceability of today’s award is postponed.
A person who is officially registered as a woman, seeks to change gender, but does not intend to undergo surgery, contacted the ÚS, which is why he was unsuccessful in the matriculation and in the administrative courts. One of the three-member senates of the ÚS forwarded his initiative to the plenary session, i.e. the body of all constitutional judges. The plenum agreed with him by a significant majority. Different opinions were expressed by two judges out of 15, namely Josef Fiala and Milan Hulmák.
From the Civil Code, the ÚS deleted the sentence that “the change of a person’s sex occurs through a surgical procedure with the simultaneous inability of the reproductive function and transformation of the sexual organs”. In the law on specific health services, he canceled the sentence according to which “for the purposes of this law, the change of sex of transsexual patients means the performance of medical procedures, the purpose of which is to perform a sex change through a surgical procedure while simultaneously preventing reproductive function.”
