What is the right to re-determine gender identity?

I have just born a kid whose genitals are not clear (both male and female). Now we do not know what is the kid's sex. Please give me some advice

FDVN’s Opinion

Thank you for sending your question to FDVN Law Firm (FDVN). For your requirements, after studying the relevant laws, FDVN has some discussions as follows:

1. According to Article 36 of the 2015 Civil Code, regulations on the right to re-determine sex:

“1. An individual has the right to re-determine his/her gender identity.

The re-determination of the gender identity of a person is implemented where the gender of such person is subject to a congenital defect or has not yet been accurately formed and requires medical intervention in order to identify clearly the gender.

2. The re-determination of the gender identity of a person shall comply with regulations of law.”

Sexual congenital defect is abnormalities in the genitals of a person when they were born, such as lesbian, gay, bisexual.

- The gender has not yet been accurately formed in cases in which a person cannot be distinguished from genitals and sex chromosomes.

Your kid’s genitalia has not yet been accurately formed, so You have the right to seek medical intervention to determine the sex of your child.

2. The health facility has performed the medical intervention for re-determine gender and issued medical certificates to the re-determine gender person according to the form of the health facility. The medical certificate will be the basis to register civil status for the person who re-determine of gender identity. The People's Committees of districts shall be responsible for settling civil status registration for people who re-determine of gender identity in accordance with the law on civil status registration.

Nguyen Thi Lan Anh

FDVN Law Fỉm

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