From a Legal Vacuum to Self-Determination: A Comparative Analysis of Legal Gender Recognition in Bulgaria and Germany

Abstract

This study presents a comparative legal analysis of the framework for legal gender recognition (LGR) in Bulgaria and Germany, outlining their diametrically opposed approaches. It examines the regressive trend in Bulgaria, which, after a long-standing legislative vacuum, culminated in a de facto ban on legal gender recognition with Interpretative Decision No. 2/2023 of the Supreme Court of Cassation. In contrast, the study highlights the progressive evolution in Germany – from the restrictive Transsexuals’ Act of 1980 to the modern Self-Determination Act (SBGG) of 2024, which introduces a swift administrative procedure based on self-declaration. By analyzing the key role of judicial practice in both countries, the study uses the German experience as a basis for formulating specific legislative recommendations for reform in Bulgaria.