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Start: 2024-04-25
End: 2024-04-25
Location: ALIBI Club Wellness Center

Section 1741 of the German Civil Code grants all married couples the right to adopt children.

The ability for same-sex couples to legally adopt a child.

Same-sex couples in Germany can legally adopt a step-child, biological or not of the other partner.

The age of consent of 14 years is equal for everyone.

The difference between legal age of consent for homosexual sex and heterosexual sex.

On April 1 2023, the Transfusion Act (Transfusionsgesetz, TFG) was amended to fully remove restrictions on blood donations by MSMs. 
Accordingly, the amendment to the law obliged the German Medical Association to subsequently adapt the blood donation guidelines within four months in agreement with the Paul Ehrlich Institute, Germany’s medical regulatory body.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

On September 24, 2021, new guidelines were introduced. Men in monogamous relationships with men can donate blood with no deferral. 
 
However, men who have sex with men outside of a monogamous relationship still face a 4 month deferral.

Article 5 of the German Basic Law guarantees freedom of press, speech and opinion.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

Following the amendment of the Act on the Amendment of Names and Sex Determination in Special Cases, known as the Law on Transsexuality (1981) by Judgment No. 1 BvR 3295/07 (2011) of the Federal Constitutional Court, the criteria for changing the name or both the name and the gender marker were unified. Currently, the law requires applicants to (i) prove that "due to their transsexual status, they do not feel comfortable with their sex registered at birth", (ii) they have lived for at least three years "in accordance with the gender they identify with" and (iii) that their "situation of transexuality is foreseeably stable". This procedure is carried out before a municipal judge, which has to verify that these requirements are met by subjecting the applicant to an examination carried out by two expert witnesses "specialised in transsexualism". (ILGA) 
 
In 2017, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) commissioned the Humboldt University in Berlin to prepare an expert opinion on the "need for regulation and reform for transgender people". 
It found that the current assessment procedure is in many cases characterized by disproportionate time and expense as well as degrading and discriminatory experiences and violates the fundamental rights of the applicants. 
 
The non-governmental organization Deutsche Gesellschaft für Transidentität und Intersexualität e.V. (dgti) issues a supplemental ID card which contains one's self-chosen first names, pronouns and gender before a legal name change has taken place. It is known and accepted by German ministries, the police, and many authorities. The supplemental ID card is often a condition to correct one's name at, among others, schools, universities, banks and insurance companies. In five German states, references to the ID have been included in coronavirus ordinances and associated explanations to recognize it as an identification document, e.g., together with vaccination certificates. 
It has a special status of recognition in Germany. The legal basis of the supplemental ID card is the implementation of the request of the European Parliament, communicated in the 11th legislative period of the German parliament. 
 
When the Self-Identification law was introduced, people who went through this old process could apply for a monetary compensation.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

The Self-Determination Act (Selbstbestimmungsgesetz) allows transgender, non-binary and intersex people to change their legal first names and gender identity once a year through self-identification. 
 
From the age of 14, minors may make the declaration themselves with the consent of their guardians; in order to protect the personal rights of young people, the family court can replace the parents' decision at the request of the minor in cases where the custodians do not consent, based on the best interests of the child. 
Children under 14 will need their parents or guardians to make a registry office application on their behalf. 
 
Outing or deadnaming one against their will in a way which caused them harm can be punished with a fine up to €10,000. 
 
If the gender entry is changed from "male" to another and "a case of tension or defence" arises within two months after the change, the person will still be considered male for the purpose of military conscription. 
 
People who went through the previous process can apply for a monetary compensation.

Section 8 § 1 of the German Transsexuellengesetz (Transsexuals Act of September 10, 1980) states that transgender people can change their first names and gender entry under the condition of gender-affirming surgery, sterilization, and divorce.

The Law for the Protection Against Conversion Treatments (KonvBehSchG) bans providing, arranging and advertising conversion therapy. Conducting conversion therapy on minors, or persons of legal age is those whose consent was obtained without their volition, is also explicitly banned. 
 
Providing, arranging or advertising conversion therapy is punishable by a fine up to €30,000. 
Carrying out conversion therapy on a minor, or an adult whose consent was obtained without their volition, is punishable by up to a year of imprisonment or a fine.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

National law was amended in 2006 when the Treaty of Amsterdam was signed - giving all people the same rights under law. 
 
The Federal Constitutional Court of Germany clarified in 1 BvR 2019/16 that the general right of personality (Article 2 (1) in conjunction with Article 1 (1) of the Basic Law) protects gender identity. It also protects the gender identity of non-binary people. 
Article 3 (3) of the Basic Law includes non-binary people on the protection against discrimination on ground of their gender.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Due to Germany being a Federal Republic many states have had anti-discrimination laws as early as 1992. But by signing the Treaty of Amsterdam (EU) Germany amended its national anti-discrimination laws to include sexual orientation.  

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

Germany fully repealed section 175 of the German Criminal Code and legalized homosexual activity in 1994.

Consensual sexual activity between individuals of the same sex.

Section 175 of the Criminal Code was relaxed for persons over 21 years in East Germany in 1968, with West Germany following suit in 1969. However, although this meant that homosexual activity between men was decriminalized, it was not made legal.

Section 175 of the Criminal Code was amended during Nazi rule to create harsher penalties for homosexual behavior between men. Imprisonment was to range from three months to ten years in prison. Many homosexual men died in the Nazi concentration camps they were sent to.

Section 175 of the Criminal Code of the German Empire criminalized homosexual activity between men over the age of 18. 
The penalty was imprisonment or a loss of civil rights.

Section 1 of the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG) prohibits discrimination on housing.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

A bill for marriage equality passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July, becoming law on 1 October. 
Paragraph 1353 of the German Civil Code.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

Germany recognizes civil unions and provides tax benefits to couples in a civil union.

Article 3 (1) of the Basic Law of the Federal Republic of Germany and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms protect against unequal treatment on grounds of sexual orientation. 

The ability for homosexuals to serve in the military and be open about their sexuality.

The Civil Status Act (PStG) was amended to include Parapraph 45b to allow intersex people to identify themselves as "diverse" ("divers") or remove the gender entry.

Legal recognition of non-binary, genderqueer, or third gender identities.

The Self-Determination Act (Selbstbestimmungsgesetz) applies (see: right to change legal gender).

Germany

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