Gender self-identification or gender self-determination is the concept that a person's legal sex or gender is determined by their gender identity, without medical or judicial requirements.
It is a major goal of the transgender rights movement. Advocates argue that medical requirements for gender recognition are intrusive and humiliating forms of gatekeeping that can pressure transgender individuals into undergoing unwanted medical procedures. They also claim that self-identification simplifies the process of transgender people living without prejudice and discrimination.
Proponents claim a lack of evidence suggesting adverse outcomes in countries where self-identification laws have been implemented, such as Ireland, which adopted self-identification policies in 2015. Opponents of the concept believe that safety in spaces like women's shelters and prisons and fairness in competitive sports is compromised by self-identification.
As of November 2024, 21 countries have enacted laws allowing gender self-identification without requiring judicial or medical approval: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Germany, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay. Proposals for similar laws have sparked controversy in some nations, especially in the United Kingdom.
In federated countries like Australia, Canada and Mexico, gender recognition laws often vary by province or state. Within a single jurisdiction, procedures may also differ across official documents, such as birth certificates and passports. These laws do not necessarily encompass all aspects of gender recognition in areas such as healthcare or access to facilities.
Third gender self-determination is available in India, Nepal, Bangladesh, Colombia, Argentina, Australia, New Zealand and some American states.