Cap. 540 Art. 4Change of gender identity.

(1) It shall be the right of every Maltese citizen to request the Director to change the recorded gender to the female gender, to the male gender, or to a non-binary gender and, or name, if the person so chooses to change the name, in order to reflect that person’s self-determined gender identity:

Provided that without prejudice to the dispositions of any other law, a person may only request to change the name by means of the procedure in accordance with this Act, if together with that request that person is also requesting to change the recorded gender:

Provided further that in the case of a non-binary gender, the gender marker shall in any act or document be marked with the letter "X".

(2) The request shall be made by means of a note of registration published in accordance with article 5(3).

(3) The Director shall not require any other evidence other than the declaratory public deed published in accordance with article 5.

(4) The Director shall within fifteen days from the filing of the note of enrolment by the Notary at the public registry, enter a note in the act of birth of the applicant.

(5) The provisions of article 249 of the Civil Code shall mutatis apply. mutandis

(6) (a) The person who made a request in accordance with sub-article (1) shall also be entitled to demand that a full certificate of the act of birth showing the particulars resulting from the annotations be issued to them so however that there shall be indicated on such certificates the annotations that have been made upon it by virtue of a decree of a court or in terms of the procedure established under this Act without the details of the said annotations being specified.

(b) Every person who has made use of the procedure in accordance with article 257 of the Civil Code and to whom a birth certificate has been issued in accordance with article 257C of the said Code shall be entitled also to demand the issue of his or her complete birth certificate which results from these annotations and there shall be indicated on the same certificate the annotations that were made by virtue of the court judgment given in accordance with the provisions of article 257 of the said Code, without the details of the specific annotations.

(c) A person whose request to the Court of Revision of Notarial Acts, for a correction in the name and gender assigned to them in their act of birth, shall be entitled to demand that a full certificate of their act of birth showing the particulars resulting from the annotations be issued to them so however that there shall be indicated on such certificate that annotations have been made upon it by virtue of a decree of a court without the details of the said annotations being specified.

(d) Within seven days from receipt of a request made for the issue of a birth certificate drawn up in accordance with this article, the Director shall not give any information contained in the register indicating the original act of birth except insofar as provided in this article.

(7) The said information or copy of the original act of birth may be given:

(a) with the consent of the person to whom the certificate refers; or

(b) when there is no such consent, upon an order of the Court (Voluntary Jurisdiction Section) or of another Court taking cognizance of a cause where the necessity of the presentation of that certificate or information arises, where the Court is satisfied that the issuing of the said certificate or information is necessary to defend or safeguard a right or a legitimate interest of the person making the demand which, after taking into consideration all relevant circumstances, the court’s considerations should prevail over the right to privacy of the person to whom the certificate refers.

(8) A person who was granted international protection in terms of the International Protection Act, and in terms of any other subsidiary legislation issued under the International Protection Act, and who wants to change the recorded gender and name, if the person chooses to change the name, shall make a declaration confirmed on oath before the Chief Executive Officer declaring the person’s self-determined gender and name. The Chief Executive Officer shall record such amendment in their asylum application form and protection certificate within fifteen days.