Bulgaria Ordered by EU Court to Allow Legal Gender Reassignment

The European Court of Justice (CJEU) has ruled that Bulgaria must establish clear and effective procedures for the legal recognition of gender identity, including the ability to update personal documents such as identity cards and birth certificates, Bulgarian media "Capital" reported. The decision comes after years in which Bulgarian courts denied legal gender reassignment, contrary to EU law, and follows earlier condemnations from the European Court of Human Rights in Strasbourg for the country’s refusal to allow gender changes.

The ruling underscores that EU member states are required to provide accessible procedures for legal gender recognition as part of the right to private life. While issuing identity documents falls under national competence, states must ensure that their practices comply with EU law. Discrepancies between a person’s experienced gender and official documents can create significant obstacles in daily life, particularly during identity checks, cross-border travel, or professional activities. Any restriction on free movement must meet objective public interest requirements and the principle of proportionality under EU law.

The CJEU explicitly stated that Bulgarian legislation preventing the change of gender data in civil registries, including gender, first name, patronymic, surname, and civil registration number, for citizens who exercise their right to free movement is incompatible with EU law. Moreover, Bulgarian courts are not bound by Constitutional Court interpretations that impede the application of EU law. National courts must follow the CJEU, even if domestic constitutional rulings contradict EU standards.

The decision arose from a preliminary ruling requested by the Bulgarian Supreme Court of Cassation in the case of K.M.H., a Bulgarian citizen born male in Stara Zagora in 1990 who now lives in Italy, has begun hormone therapy, and identifies as female. Her application to change her legal gender in Bulgaria was repeatedly rejected despite medical opinions and judicial expertise confirming her gender identity.

This development follows a long history of shifting national case law. Earlier, some Bulgarian courts allowed legal gender changes, but this approach was reversed following Constitutional Court decisions. In July 2018, the Constitutional Court declared the Istanbul Convention incompatible with the Bulgarian Constitution, citing political and social considerations. Subsequent rulings reinforced the notion that only biological sex at birth is recognized, making legal gender changes impossible.

In October 2021, the Constitutional Court reaffirmed that the Constitution recognizes only male and female sexes and that birth registration determines lifelong legal identity. Then, in February 2023, the Civil Chamber of the Supreme Court of Cassation issued an interpretative decision declaring that Bulgarian law does not allow transgender persons to change their legal gender. The vote was closely split, with 28 judges in favor and 21 dissenting, prompting the referral to the CJEU.

Earlier guidance from the Advocate General of the CJEU, Jean Richard de la Tour, had already stated that Bulgarian courts could not deny legal gender reassignment, whether by requiring surgery or citing gaps in national law or constitutional provisions. The recent CJEU ruling confirms this and mandates that Bulgaria revise both its judicial practice and legal framework to align with EU standards.

This ruling marks a decisive shift in Bulgaria’s approach to transgender rights, requiring both courts and lawmakers to provide effective legal mechanisms for gender recognition, in line with EU law and the protection of fundamental rights.

Source: https://curia.europa.eu/site/upload/docs/application/pdf/2026-03/cp260033en.pdf