The “Law on change of legal gender” was introduced in Norway in 2016 and gives anyone who has turned 16 the right to determine their legal gender. But already from the age of 6 it is possible to switch, if at least one parent agrees. The procedure is simple – the applicant fills in a form and sends it to Norway’s equivalent of the Swedish Tax Agency – the Tax Agency – which then changes the social security number and legal gender in its records. Too simple, says Marit Halvorsen at the University of Oslo.
– Many of the young people involved have so much comorbidity – so many other problems in their lives – that they almost have to be solved first, she says.
Warned in debate article
Together with a professor colleague, she has warned Sweden in a debate article not to follow in Norway’s footsteps. But the Association for Gender and Sexuality Diversity, FRI, does not share their view at all. They hail the new law.
– It works very well. Those who wish and need to can change their legal gender entirely based on self-identification and self-determination. And so it has no noticeable consequences for anyone other than what it was actually made for, says Marianne Gulli, chairman of FRI’s local branch in Oslo and Viken.
One of the first to use the law is Christine Marie Jentoft, who today works as a gender diversity advisor in the association. She had her new legal gender confirmed in a letter from the Swedish Tax Agency a few weeks after the law came into force.
– Then I went out and celebrated a bit. I felt quite a lot of relief. And I felt that the state recognized me as who I know I am, she says.
According to her, the change has also had great practical significance, for example when it comes to travel, contacts with authorities and healthcare visits.
– I can finally go to the pharmacy, for example, without having to disclose my entire gender history, she says.
Then you can change your legal gender in the rest of the Nordic countries:
Denmark 18 years (law change 2014), after 6 months “reflection period”.
Norway 16 years (2016), children from 6 years with guardian’s approval.
Iceland 16 years (2019), minors with guardian’s approval.
Finland 18 years (2023).
Not evaluated
The change in the law in Norway has not yet been evaluated, but so far few concrete cases of abuse have become known. Most attention was paid last year when a student used the law to deliberately quota himself into an education.
Nevertheless, Professor Marit Halvorsen urges Sweden to think. She believes that young people risk seeing the legal gender change as a “quick fix” and that the effects of the law are difficult to predict.
– Take it easy. Think once more. Make a team that has a proper cooling-off period. Raise the age limit. And determine the scope, she says.
Christine Marie Jentoft disagrees. Even if the bill in Sweden is not as far-reaching as in Norway, she wants to welcome her neighboring country to the path that Norway and the other Nordic countries have already taken.
– Usually it is Norway that follows Sweden. So it is quite strange that it took Sweden so long. It will be nice that Sweden finally follows a little, so I hope it will be better in the long run. I have no warning to issue, she says.