Change of Name and Gender Entry — Procedure and Updating of the Foreign Nationals’ Identity Document

Effective date: 01.01.2024 — Current version of the ZGB following the entry into force of Fedlex·Art. 30b ZGB (simplified amendment of the gender entry and forenames) on 01.01.2022. Status: AI initial draft. Publication is only permitted after senior counsel approval and after TGNS consultation (ADR-018).

What this is about — and what it is not about

Anyone living in Switzerland who wishes to change their first name or their gender entry will go through two successive administrative procedures:

1. the civil status change at the civil registry office, regulated in the Swiss Civil Code (ZGB, SR 210) and the Civil Registry Ordinance (ZStV, SR 211.112.2)

The change in civil status is the legal act; the update of the foreign national’s identity document is a declaratory consequence that reflects the civil status in the residence permit. Without the former, the latter is not possible; without the latter, the valid residence permit is not consistent with the civil status certificate, which can lead to problems when crossing borders, dealing with authorities and in contractual matters.

This file describes:

• the change of first name pursuant to Art. 30 of the Swiss Civil Code

What this file is NOT:

• no medical or psychological advice,
• no recommendation as to the order of steps to be taken for a specific individual,
• no advice on the legal effects of a change of civil status in Switzerland in the country of origin (in particular for nationals of third countries – the country of origin is not bound by the Swiss registration),
• no advice on the possible consequences for children, spouses or registered partners (these aspects are dealt with in life-events/le_marriage_to_swiss.md and related files).

1. Change of first name pursuant to Art. 30 of the Swiss Civil Code

Legal basis

Art. 30 ZGB: The cantonal government may grant a person’s request to change their first name if there are valid reasons for doing so.

The cantonal practice has interpreted the "compelling reasons" over decades. The following are recognised, among others:

• objective difficulties with spelling or pronunciation in the German, French or Italian language area;
• Need for identification with a given name that has been used in practice for years;
• religious or cultural adaptation;
• Adjustment of the first name to reflect gender identity (for non-binary and trans persons) — before 01.01.2022, this was the only option; since the entry into force of Art. 30b of the Swiss Civil Code, the primarily identity-related change of first name is carried out via the simplified procedure (see section 2);
• Protection against persecution or stigmatisation (special cases, individual assessment);
• other reasons according to cantonal practice.

Competent authority

The civil registry office of the place of residence or the cantonal supervisory authority for civil registry matters (the exact name varies by canton).

Procedure outline

1. Application must be submitted in writing to the civil registry office, stating the reasons why the request is justified.
2. Review by the cantonal supervisory authority (duration varies depending on the canton, usually 2–4 months).
3. Ruling (granting or rejecting the application, with reasons).
4. Registration in the register of civil status (Infostar) and issue of a new certificate of civil status.

Fees

In general, CHF 75–300 depending on the canton (fee schedule of the cantonal civil registry office).

Appeal

A negative ruling can be appealed to the cantonal administrative court and subsequently to the Federal Supreme Court. The deadline for lodging an appeal is generally 30 days from the date of notification.

2. Simplified amendment of the gender entry under Art. 30b of the Swiss Civil Code

Legal basis

Art. 30b ZGB (in force since 01.01.2022): Anyone who is firmly convinced that they do not correspond to the gender entered in the register of civil status may declare to the civil registrar that the entry should be amended. At the time of the declaration, the person may also have new first names entered.

The procedure is deliberately designed to be straightforward:

• no medical certificate required,
• no psychological assessment required,
• no medical treatments (gender reassignment surgery, hormone therapy, etc.) are a prerequisite.
• no waiting periods between the application and the registration,
• No justification of gender identity is required.

Requirements

• Capacity to make decisions of the applicant, as per Art. 16 of the Swiss Civil Code;
• Minimum age of 16 years (for persons under the age of 16 who are capable of forming their own judgment, the procedure may be conducted via their legal representative with the consent of the child and adult protection authority, Art. 30b para. 2 ZGB);
• personal appearance before the civil registry office;
• Declaration regarding the firm and unwavering conviction that the individual does not identify with the gender recorded.

The declaration is made orally and recorded in writing; a written justification is not required.

Registration options

As of 1 January 2024, the Swiss register of civil status provides for two gender entries: "male" and "female". A third entry ("diverse", "no entry", "X") is not currently provided for; a political initiative to introduce this was rejected by the Federal Council in 2022 (as of 2024, further parliamentary initiatives are pending). Non-binary persons cannot therefore, under the current law, have their gender entry formally registered as non-binary – this is a documented gap in the current law and the subject of ongoing legal and political discussion (see TGNS statements).

In contrast, the change of first name within the scope of Article 30b is freely selectable – a gender-neutral first name can also be chosen, regardless of the (binary) gender entry.

Competent authority

The civil registry office at the applicant’s place of residence.

Procedure outline

1. Make an appointment at the civil registry office responsible for your place of residence.
2. Personal appearance with:

• official identification document (passport or identity card; for foreign nationals: foreign national identification document + passport of the country of origin or Swiss travel document);
• in the case of minors aged 16 and over: in addition, confirmation of their capacity to understand the proceedings (usually assessed during the interview); in the case of persons under 16, the approval of the KESB (Child and Adult Protection Authority) is required.

3. Declaration on the record: firm conviction of non-compliance + possibly new first names.
4. Registration in the register of residents (Infostar) — usually on the same day or within a few working days.
5. Issuance of a new certificate of civil status.

Fees

The processing fee for the declaration under Art. 30b of the Swiss Civil Code is CHF 75 (nationally uniform for the declaration itself); additional fees apply for the issuance of certificates of civil status, certified copies, etc. (usually CHF 30–50 per certificate).

Effects in the country of origin (for nationals of third countries)

Swiss civil status registration is not legally binding on the country of origin. Whether and under what conditions the country of origin recognises the Swiss registration depends on the law of the country of origin. Third-country nationals with passports that contain a different gender entry or forename in their country of origin will subsequently regularly have two identity documents with different details, which can lead to practical difficulties when travelling to the country of origin and when dealing with authorities in the country of origin. It is particularly advisable for persons with active ties to the country of origin to seek advice from a lawyer specialising in family and immigration law before the proceedings.

3. Updating the Foreign Nationals’ Identity Document

Legal basis

Art. 41 FNIA (foreign nationals’ ID card) in conjunction with Art. 71 OASA (content of the ID card) and the cantonal practice. The foreign nationals’ ID card must reflect the data registered in the register of civil status.

Competent authority

The cantonal migration office of the canton of residence; the order for the updated permit is placed with the SEM (central permit production).

Procedure outline

1. Preparation: Obtain the updated certificate of civil status from the civil registry office (see section 1 or 2).
2. Application to the cantonal migration office with:

• current foreign national’s identity document (old identity document),
• updated extract from the register of residents,
• Application form of the cantonal authority,
• a current biometric passport photograph.

3. Biometric data collection (fingerprints, facial image) — if the cantonal practice requires this when updating the data; many cantons do not require a new collection if the last collection was less than 5 years ago.
4. Payment of fees.
5. Issuance of the updated permit — generally 2–4 weeks after the complete application has been submitted.

Fees

Updating the foreign national’s identity card generally costs CHF 80–150 (varying by canton; the same as the fees for extension or change of address).

Warning — old identity document

The old residence permit must be handed in when the new permit is issued. The simultaneous use of both permits is not permitted.

4. Subsequent effects — List of further documents

Once the civil status has been amended and the foreign national’s identity document has been updated, the following additional documents usually need to be adjusted. This list is not exhaustive; the order is not prescribed.

The order is not prescribed; many people choose to amend their civil status first, then apply for the foreign national’s identity document, and then obtain the other documents in the order of their practical importance.

5. Advice centres and other information

Specialist advisory centres (zero-commission, ADR-013):

Official bodies:

• Federal Office of Justice, Federal Office of Civil Status (EAZW): https://www.bj.admin.ch/bj/de/home/gesellschaft/zivilstand.html
• SEM, Section for Foreign Nationals’ Permits: https://www.sem.admin.ch/sem/de/home/themen/aufenthalt/auslaenderausweis.html

Legal advice in complex situations (for trans and non-binary persons with a migration background): Recommendation to use the cantonal bar register (https://www.anwaltsregister.ch) with filtering for family law / immigration law; referral and advice via TGNS.

HARD GLOSSARY — non-negotiable Swiss federal codes / agency names.

File cross-references (internal): life-events/le_marriage_to_swiss.md · life-events/le_marriage_to_foreigner.md · procedure/proc_extension_pathway.md · framework/fw_aig_vzae_glossary.md.

Source status: Fedlex·ZGB Art. 30 (in force for decades) · Fedlex·ZGB Art. 30b (in force from 01.01.2022) · ZStV as of 01.01.2024 · Fedlex·AIG Art. 41 + Fedlex·VZAE Art. 71 as of 01.01.2024 · BJ-Practical Guide 2022-Q4 · TGNS-Practical Notes 2024.

Monitoring obligation (quarterly): whenever there is a change to the Ordinance on the Register of Marriages and Registered Partnerships, when the Federal Council issues a decision on the introduction of a third gender entry, and whenever there is a relevant decision by the Federal Supreme Court. In particular, the gap relating to "third gender entry" must be closely monitored; when it is introduced, a separate section will be added to this file.