For many people, the registration of gender on official documents goes without saying: male or female. This designation is established immediately after your birth based on physical characteristics. But what if those characteristics are not unambiguous? Or if you do not identify yourself as male or female?
Can you be registered as ‘X’? The short version:
Yes, in some situations this is possible. If it is not clear at birth which gender a person has, the birth certificate may list an “X” instead of “male” or “female.”[1] This is then a factual observation: the gender cannot be determined at that time.
But what if someone – regardless of physical characteristics – does not feel like a man or a woman? For example, because that person is non-binary? Then the question arises: even in that situation, can you get a neutral designation of gender, such as an “X”?
Non-binary and the legal bumps
Particularly among non-binary persons, there is a desire for gender-neutral registration in official documents, such as passports, as well. But legally this is not (yet) clearly regulated.
In 2021, a bill (35825) was introduced to allow gender-neutral registration without court intervention. The idea: people could change their gender registration – to “X,” for example – based on their gender perception.
But: this law was never passed. And on April 8, 2025, the House of Representatives even agreed to repeal it. Although the repeal has yet to be officially implemented, it does create a lot of uncertainty for people who want to take advantage of it.
Meanwhile, what were judges doing?
In the absence of clear legislation to date, judges have gone to work on their own. For example, they have granted requests to mention ‘X’ on birth certificates from now on – based on existing legislation as well as European law (such as the right to private life, Article 8 ECHR).[2] This was done partly after the Supreme Court (the highest court in the Netherlands) indicated in March 2022 that future legislation on the subject was imminent. Therefore, the Supreme Court did not rule on the substance of the issue at that time and judges had to decide on a case-by-case basis in the meantime. [3]
New questions to the Supreme Court (June 2025)
With Bill 35825 likely to disappear, the situation is once again unclear. And that is reason for the District Court of The Hague to ask the Supreme Court questions again,[4] including:
- Does the lack of legislation for gender-neutral registration (on official documents) violate the right to private life (Article 8 ECHR)?
- May judges still allow gender-neutral registration – such as ‘X ‘? And if so, how?
- For example, should it be with an “X,” a “-,” or some other term, such as “gender not determinable”?
- May the court require someone to provide expert testimony – as is now required when changing from male to female (or vice versa)? [5]
And now?
We now await a new Supreme Court ruling on this issue. Until then, the situation remains complex and uncertain. What is clear, however, is that the issue is alive – and touches on fundamental rights such as identity and self-determination.
Want to know more or need personal advice?
Our family law specialists are closely following these developments. Would you like to know what this means for you? Then feel free to contact us – we would be happy to think along with you. Our family law specialists Anke Schellekens, Henriëtte van Pelt-de Jong, Kim van der Bijl, Kimberly Rozema and Joey Moerings are ready to assist you.
To be continued…
[1] Article 19d Civil Code
[2] Arnhem-Leeuwarden Court of Appeal September 15, 2022, ECLI:NL:GHARL:2022:8003
[3] Supreme Court March 4, 2022, ECLI:NL:HR:2022:336
[4] District Court of The Hague June 13, 2025, ECLI:NL:RBNNE:2025:2330
[5] Article 28a Civil Code
