Law 164/1982 provides that a person wishing to change gender may file a petition —that is, an application— with the court in their area of residency.

In case the person is Italian but resides abroad, which Court should the application be filed with for the legal update of documents? 
If the transgender person is an Italian citizen but resides abroad, they can apply to the court with jurisdiction over their latest residence in Italy.

Example: Before moving to Germany, I used to live and reside in the jurisdiction of the Court of Milan. 
In this case, even if you have gone through the transition abroad, the application to change your legal documents should be made to the Court of Milan that is the court of jurisdiction over your latest place of residence in Italy. This means that, in principle, and according to the rules of private international law, fundamental rights are related to the citizenship of the person.

If the transgender person who lives abroad is an Italian citizen and has gone through the whole process of gender affirmation abroad, they can still produce the medical documentation obtained thereby to certify their path. The correct procedure is to get a certified translation of the foreign documentation into Italian (i.e., to have it stamped at any Italian Court or at the competent Italian consulate in the foreign country of residence, to certify its accuracy).

Get a trusted lawyer to take care of these procedures. It is important to know that a transgender person with Italian citizenship residing abroad will have to apply for legal gender recognition at an Italian Court, and that the documents issued abroad are also valid for this purpose.

What is the timeline of the Court?

It is not possible to determine with certainty the timeframe of the Court proceedings, as this largely depends on the size of the Court, the workload of individual Judges, and how the application is submitted. In some cases, for instance, the Court may request the integration of certain documents, which could result in a slight extension of the processing time.  

Law No. 164/1982 has been amended by Legislative Decree No. 150/2011. Cases concerning gender reassignment are subject to the procedural rules governing matters related to individuals, families, and minors, and the Public Prosecutor participates in the proceedings. In cases where the party has children or a spouse and children, the act initiating the gender rectification proceedings must be served on both the Public Prosecutor and the spouse and children.

It is possible to request the competent Court to rectify one’s name and gender in the civil registry. Furthermore, except in exceptional cases, following the judgment approving the modification of personal data, the individual concerned may undergo gender-affirming surgical procedures of their choice without the need for express authorization from the Court.  

Judicial authorization for medical-surgical treatments will only be required if the Judge deems that the transition process already undertaken by the applicant is insufficient to justify the rectification of personal data.  

The current legal framework results from a recent ruling by the Constitutional Court, which declared the partial unconstitutionality of the previously existing legislation on surgical procedures. In particular, with judgment No. 143/2024, the Constitutional Court ruled that Article 31, paragraph 4, of Legislative Decree No. 150/2011 is unconstitutional insofar as it requires court authorization for medical-surgical treatment even in cases where the sexual characteristics already modified are deemed sufficient by the Court for the approval of the request for gender rectification.  

It should be noted that, under no circumstances, can prior surgical procedures be considered a prerequisite for the rectification of personal data. This principle was established by two landmark rulings of the Court of Cassation (No. 15138/2015) and the Constitutional Court (No. 221/2015), which affirmed that gender-affirming surgery is not a necessary condition for the reassignment of name and gender in the civil registry.

The Court does not require an explicit list of documents, but the documentation provided must prove the person’s gender dysphoria, their irreversible identification with the perceived gender, and any bodily transformation process the person has already undergone, if any. Therefore, it is not possible to specify what documentation is needed because the list of documents to be attached may vary from Court to Court and from path to path.

It is certain, though, that the application must include a psychological diagnosis and medical documentation certifying the path of gender affirmation, the irreversible will to change one's own gender, the definitive and irreversible identification with the gender experienced and perceived as one's own, and the willingness to undergo surgery for sex reassignment if that be the case.

It is not mandatory that the medical documentation come from a public health facility. Do keep in mind, however, that the Court may ask that the documentation be issued by competent, third-party medical facilities. The birth certificate that you intend to modify as well as documentation attesting to any legal aid at the State’s expense are usually submitted as well. 

The time required for the legal proceeding varies according to several factors: the size of the Court, the workload of the Judge in charge of the case, the accuracy of the attached documents, the possible appointment of a Technical Consultant or CTU in Italian (see specific section).

At the hearing of appearance (the first hearing) the Judge may consider it useful to listen directly to the person, and ask questions about their transition path, any obstacles encountered, the relationship with their family and the outside world, life experiences in the gender role congruent with their gender identity. The proceedings may require one or more hearings and – at times – the appointment of a CTU (Technical Consultant).

The appointment of a CTU depends on the will of the Judge, for example, to confirm or study the documents produced by the person, or because the Judge needs assistance in reading them. In any case, since it involves an increase in time and costs, it must be noted that the appointment of a CTU is only a possibility –usually an exception–, and that the Consultant appointed, according to article 61 of the Code of Civil Procedure, must be a person with “proven experience” in the matter.

The judicial procedure may conclude with:  

1. A judgment ordering the rectification of gender and name in the civil registry.* As a result of this ruling, the individual concerned may, if they wish, freely undergo one or more gender-affirming surgical procedures. No express authorization from the Court will be required in this regard.  
2. A judgment authorizing the surgical procedure (if requested).* Following Constitutional Court ruling No. 143/2024, this scenario may only occur if the transition process undertaken by the applicant is deemed by the Court to be insufficient for the purpose of civil registry rectification.

Before becoming effective, the court order must become res judicata, i.e., it may not be further pursued by the same parties.
Res judicata occurs in two ways:

1. automatically, after six months, if none of the parties challenge the judgment;
2. After 30 days from the notification of the judgment to all other parties in the proceedings, provided that none of the parties appeal the judgment within this timeframe.

Once it has become res judicata, the Court will deliver the order to the Civil Registry Office of the Municipality where the person was born, and only afterwards will it be possible to apply to the Municipality of residence for the issuing of a new identity card. Please note that only the Court can deliver the order to the Civil Registry Officer of the Municipality of birth.
Furthermore, as a result of the judgment granting civil registry rectification, if the individual concerned wishes to undergo surgical procedures, they may contact the chosen hospital facility and be placed on the waiting list for such procedures. In the section “Map of services”, Infotrans.it offers a list of public or public-private partnership structures, present on the national territory, able to provide this type of services.
We remind you that, upon conclusion of the proceedings, the *Agenzia delle Entrate* (Revenue Agency) may request payment of the registration tax for the judgment. This tax is compulsory and applies to the registration of any State record. If the person benefits from legal aid at the expense of the State, this tax will not be due.

Technical advice is arranged within a legal procedure, every time the Judge requires further information or in-depth studies considered necessary to rule a case.

The reasons that may lead the Judge to appoint a CTU in legal gender recognition proceedings may be due to:

1. the usual procedure adopted by a given Court;
2. the need for the Judge in charge to have the assistance of a medical doctor, or at least an expert, to read and understand the documentation attached by the applicant;
3. the incompleteness of the documentation produced (for this reason it is crucial to check, before starting legal action, which documents and/or certificates are requested by the Court of jurisdiction).

In any case, the appointed CTU must be a person with proven experience in the subject (gender identity). A CTU may not perform any bodily inspection on the person.

The costs for the appointment of the CTU shall be borne by the individual, unless they have been granted legal aid at the State’s expense.

State-funded legal aid, also known as free legal assistance, ensures that individuals who wish to initiate legal proceedings or need to defend themselves in court receive legal representation at the expense of the State, provided their annual income does not exceed a specific threshold.  

In practical terms, if a person is granted access to state-funded legal aid, the costs related to their chosen lawyer (who must be registered on the official lists of attorneys authorized to provide free legal assistance) will be covered by the State. No legal expenses will be required, including court fees (such as the unified contribution fee or any costs related to the registration of the judgment).  

To apply for free legal assistance, the applicant's personal income must not exceed €12,838.01 (as of the date of publication of this document). In gender reassignment cases, the income of cohabitants and/or family members is not considered.  

To determine eligibility, the income threshold must be verified based on the applicant’s most recent income tax return, with any additional income sources not included in the declaration also taken into account. If the applicant has no income or has not filed an income tax return in the past year, they must complete a substitute declaration provided by the relevant office, attesting to their personal income.  

The eligibility requirements for free legal assistance must be maintained throughout the entire duration of the gender reassignment legal proceedings. Therefore, if the applicant secures employment or experiences an increase in income exceeding the established threshold during the proceedings, they must immediately inform their lawyer. In the event of loss of entitlement to state-funded legal aid, the applicant will be responsible for covering all legal expenses.  

State-funded legal aid is available to all Italian citizens, as well as foreign nationals and stateless persons legally residing in Italy.

For years now, the Courts have considered Law 164/82 applicable to foreign transgender people residing in Italy.

The fundamental rights of the human person are recognized to any foreign person living in Italy, as provided for by the rules of domestic law, the international conventions in force, and the generally recognized principles of international law (art. 2, paragraph 1 of Legislative Decree no. 286 of July 25, 1998 “Consolidated text of provisions concerning the regulation of immigration, and rules on the condition of foreigners”).

Therefore, a transitioning person living in Italy with a regular residence permit can apply for authorization to undergo gender reassignment surgery and legal name change and gender marker update in Italy. Being a resident, they can also benefit from gender reassignment surgery  at the expense of the National Health Service. Once the gender reassignment order has been obtained, the question will arise as to which records the registry office should modify, given that the person's birth certificate is in another country. In these cases, we suggest seeking assistance from a lawyer or a dedicated organization.

It should be noted that, in the presence of a court order for legal name change and gender marker update, if the country of origin of the transgender person does not contemplate legal gender recognition – thus making it impossible to adjust the foreign passport to the order of the Italian court – the Italian municipalities will proceed to update the identity record of the foreign citizen. After that, their Italian identity card may be updated accordingly. In short, if it is true that the Italian State may not modify the documents issued by a foreign state (such as a passport of another country), it is equally true that it can modify the documents issued in Italy (identity card and tax code), thus allowing the foreign person residing in Italy to have an Italian document that suits their gender identity.

Transgender persons’ residence permit.
It is important to keep in mind that humanitarian protection is granted if a person is the victim of “acts of persecution”, i.e., there must be a condition of “serious violation of fundamental human rights that would take place in the country of origin" in case of repatriation. The law “prohibits expulsion or deportation to a State where the foreigner may be subject to persecution for reasons of sexual orientation or gender identity, or other”. “Persecution” is to be understood as “a form of radical harassment against a minority, which can also be implemented on a legal level, and specifically by considering the mere prediction of the behavior intended to be opposed as a crime punishable by imprisonment". This situation occurs when persons of homosexual orientation or transgender persons are forced to violate the criminal law of their country and expose themselves to severe penalties if they freely express their sexual orientation and/or gender identity.

It is also worth mentioning a recent decision of the Court of Rome that recognized the refugee status of a transgender asylum seeker from Peru, on the basis of various reports and data on the country of origin. The judges considered that “the load of discrimination endured by the applicant during her life —from her school years until the first period of stay in Italy— widely reflected in the sources consulted, has reached the level of persecution. In this regard, it is noted that the link between the various forms of discrimination and the gender of the applicant, who is part of the specific social group of the LGBTI community, pursuant to art. 1A(2) of the 1951 Convention on refugee status, justifies the recognition of this type of international protection”. Supporting this legal reasoning, the decision explicitly cites the UNHCR Guidelines on International Protection, N. 9.