A recent ruling from the European Court of Justice (ECJ) found that all EU member states must officially recognize gender and first name changes obtained within its jurisdiction. The court sided with Romanian citizen Arian Mirzarafie-Ahi after he obtained legal recognition of his male gender identity in 2020 in the U.K. where he is also a dual citizen. Mirzarafie-Ahi challenged a decision by Romanian authorities when they refused to issue him a new birth certificate after his gender and first name change, according to Le Monde.
A Bucharest court in Romania asked the EU court for guidance on the decision. The upper court ruled that the official refusal of an EU state to “recognize and enter in the birth certificate of a national a change of first name and identity lawfully acquired in another member state [..] is contrary to EU law.”
The court justifies their decision stating the denial of this practice “hinders the exercise of the right to free movement and residence,” and “creates difficulties for a person.” Romania’s LGBTQ+ rights organization The Accept association commented on the win at a press conference calling the decision “a great victory for trans people in Romania.”
This decision will apply to all EU member states. Though some EU countries don’t allow access to changes to gender identity within their borders, now all will have to recognize gender changes made in member states where gender-affirming changes and care are legal.
