What is Gender Change in India?
The freedom to choose one’s gender is a legal right granted to every Indian citizen, irrespective of caste and creed. When an individual feels that his or her identity does not match the birth gender, the person can decide to undergo gender transformation. They usually opt for medical assistance to transition to another sex and are called transsexuals.
Every gender change in India has to be officially notified in the weekly Gazette, published by the Department of Publication, Government of India, to have any legal validity of the change.
What is the Legal Procedure of Changing the Gender in India?
Creating the Gender Change Affidavit
Once you have decided to undergo gender transformation, the first step is to prepare an affidavit declaring the change of gender and name (if required). The affidavit must adhere to the format as prescribed by the Department of Publication. It has to state your name, address, father’s name, age, and gender. It is to be noted that all the details mentioned in the affidavit should be the same as mentioned in the supporting identity proof document. The affidavit must be printed on a stamp paper and should be notarized.
The second step is to place an advertisement in a leading newspaper in the city you live (as per your supporting document of address proof). The advertisement can be placed in a regional or national newspaper. The content of the newspaper advertisement should be the same as mentioned in the affidavit.
In this step, the duly signed application has to be filed along with mandatory documents (please refer to the next section to know the documentation criteria). The prescribed government fees should also be paid at the time of filing. A gazette is nothing but an official magazine published by the Government and every State and the Central Government may have their own version of gazettes. You can notify in any of the gazettes but some Govt. institutions may insist on a notification in the Central Govt. Gazette. Usually, public notices or advertisements from private individuals are published in Part IV of the Central Govt. Gazette.
After submission of the application, the department will review the application of the gender change notification. After the necessary approval, the same will be published in the Government e-Gazette. It might take up to 45-60 business days for the gender change notification to appear in the e-Gazette. The weekly Gazette is usually published every Saturday. One can download it from the official website
Once it is published, the applicant receives a copy of the gazette via email and a printout of the same can be taken. It is to be noted that the department does not issue any physical certificate. A copy of this notification will serve as proof of gender change and can be enclosed with all the government documents as proof. With this, you can also incorporate the required changes in your Voter Card, Aadhar Card, PAN Card, and so on.
Rejection of gender change Application
There are some instances where the department might reject the application if any of the prescribed procedures and formats are not followed. In case the gender change application is rejected, a fresh application has to be filed with the department. It is advisable to seek the assistance of a legal expert to ensure that there are no mistakes and all the legal requirements are complied with.
Documents Required for Gender Change Application
- Self-attested copies of ID proof (Aadhar/Voter ID/Passport)
- Two self-attested passport size photographs
- A newspaper publication in which the gender-change of the person has been announced.
- A specimen proforma duly signed by the applicant and two major witnesses.
- A declaration stating that the contents in the application are true.
- A letter of request and the registration fee, to the authority.
Why Choose StartupGenie for Gender Change in India?
StartupGenie helps you obtaining the legal validation to your decision of gender transformation by publishing the same in the Official Gazette issued by the Government of India. We help you complete the process, right from the filing of the application until the same published in the Government notification.
At StartupGenie, we will take care of the entire process to the best of your satisfaction. We will collect all the documents from you for preparing the affidavit. We will have our lawyers draft the affidavit and send it to you for signature. We would also help you to identify the most suitable regional newspaper for publishing your application.
We will send you regular intimations about the process and communicate in advance if any changes are required to be made in the application format.
At StartupGenie, we will track your application status and will keep you posted all the while, till the notification is published in the Government Gazette. You can also check your application status yourself on our user-friendly and truly digital platform.
FAQs on Make your Gender Change Official in all the Government Documents
Do you need witnesses for gender change application?
Yes, during the gender change application, you need two witnesses, they can be from your family or friends. If you are married, it is better to keep your spouse as one of the witnesses.
Do I need to perform any surgery before applying for a change of gender?
No, there is no requirement of any surgery for making an application for gender change. You can make the application whenever you have decided to change your gender.
How long does it take for the entire legal process to complete for gender change?
Here at StartupGenie, we take about 6-8 weeks to get your gender change notification complete in the Gazette of India.
Access to Experts: We connect you to verified expert lawyers, who will work on your documents until you’re completely happy. You can track the progress on our platform at all times.
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