MEA Clarifies Passport Gender Update for Transgender Individuals

The Ministry of External Affairs has outlined procedures for transgender individuals who undergo gender affirmation surgery abroad to update their gender in their Indian passports. Required documents include a medical certificate, a legally recognized gender change certificate, and a sworn affidavit in certain cases.

The Ministry of External Affairs (MEA) has provided the Delhi High Court with guidelines on how transgender individuals, who have undergone gender affirmation surgery abroad, can update their gender details in their Indian passports. This announcement aims to streamline the process for such individuals upon their return to India.

According to MEA's submission, documents necessary for initiating the passport renewal process include a medical certificate confirming the surgery, a certified gender change document from the country where surgery took place, and potentially a supplementary gender recognition certificate. Justice Sachin Datta noted that a certificate under the Transgender Persons (Protection of Rights) Act, 2019, could be waived if the individual presents a sworn affidavit along with a surgical reconstruction certificate from their hospital.

Previously, concerns were raised in court regarding the necessity for transgender individuals to return to India for passport updates after surgery abroad. MEA has clarified that a valid Certificate of Identity or a sworn affidavit and surgical certificate will suffice for updating passport gender. Additionally, an Emergency Certificate indicating gender affirmation surgery can be issued for entry into India, allowing for subsequent documentation acquisition and passport re-issuance.

(With inputs from agencies.)