Facts
A., of Swiss and Spanish nationality, domiciled in Geneva, was born under the male first name B. in 1967. On December 23, 2009, she requested the Consul General of Spain in Geneva to register her change of first names and the modification of the indication of her sex in the Spanish civil registry. On April 6, 2010, the Consul General authorized these corrections.
On May 18, 2015, A. requested the transcription of this decision on the change of sex in the Swiss civil registry. On August 24, 2015, the Geneva Department of Security and Economy rejected this request. The Administrative Chamber of the Court of Justice of the Canton of Geneva subsequently dismissed the appeal filed by A. against this decision.
A. ultimately appealed to the Federal Tribunal, which dismissed her appeal to the extent that it was admissible.
Considerations
According to the Federal Tribunal, the recognition of a change of sex pronounced by a foreign authority presupposes that the competence of this authority is given by virtue of a provision of the Federal Act on Private International Law (PILA). However, the Swiss legal system does not contain any provision regulating the change of sex, and the case law has held that the registration of the change of sex in the civil registry presupposes that the person has had the new sex established through judicial proceedings.
In international relations, the case law has held that the Swiss judicial or administrative authorities of the domicile are competent to hear an action for recognition of the new civil status following a change of sex. However, the change of sex authorized by the decree of the Consul General of Spain in Geneva cannot be…