TAIPEI (Taiwan News) — The Taipei High Administrative Court heard the final arguments in favor of a transgender man seeking to legally change his gender without undergoing surgery on Thursday (May 2), and a date has been set for ruling on the case.

The transgender man using the pseudonym Nemo (尼莫) has been pursuing the right to legally change his gender with the Ministry of the Interior since 2022. Arguing on his behalf, the legal team of Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) provided presiding Judge Chung Chi-huang (鍾啟煌) with evidence to support the case that their client’s gender identity was longstanding and unlikely to change.

Medical records, doctors’ opinions, and personal testimonies were presented to show Nemo had identified as a male since he was a child, and that he had received psychological and medical care as a result. TAPCPR lawyer Pan Tien-ching (潘天慶) said that owing to poor health, gender reassignment surgery could be potentially life-threatening for Nemo.

Fellow TAPCPR lawyer Hsu Hsiu-wen (許秀雯) also noted that many countries do not require gender reassignment surgery for those who wish to legally change their gender. Hsu described recent law changes in Germany and Sweden that will allow people to change their gender without surgery or a gender dysmorphia diagnosis.

After hearing the arguments, Judge Chung said a ruling would be made on May 30. If the court rules in Nemo’s favor, he will become the first transgender man to be able to legally change their gender without undergoing gender reassignment surgery.

If an individual wishes to change their gender in Taiwan they must apply to the Household Registration Office under the Ministry of the Interior. At present, the office requires evidence of gender reassignment surgery to grant the change.

However, a court ruling issued in 2021 found there are no laws in Taiwan that require this. The ruling found that if one wishes to change their gender, by law they only need to present evidence that proves their gender identity is longstanding and unlikely to change.

If a judgment is made in Nemo’s favor on May 30, the ruling will apply only in this individual case. Others applying for the change with the Household Registration Office will still be required to present evidence of gender reassignment surgery. 

As early as 2014, legislators expressed confidence that this rule would soon be overturned, and the judge challenged interior ministry representatives on this point. Chung asked if the interior ministry had a timeframe to make a change, and if any draft policy had been produced. 

Ministry representatives said policy discussions were ongoing and a date for any changes had not been set. Dissatisfied with this answer, Chung said that discussions do not amount to progress.

In 2021, TAPCRP successfully argued the case of transgender woman Xiao E (小E), who sought to change her legal gender without reassignment surgery. The Taipei High Administrative Court ruled in her favor and the government did not appeal, after which she became the first transgender woman to achieve this change in Taiwan.