MEA has apprised the Delhi High Court the process for transgender individuals who underwent the gender affirmation surgery abroad to update their data in their passport.

The Ministry of External Affairs highlights specific documents that the individual require to show while returning to the country to start the process of passport renewal with the updated data in it.

These documents may include a medical certificate confirming the gender-affirming procedure, a legally recognized change of gender certificate from the relevant authorities in the country where the surgery was conducted, and other supporting paperwork such as a gender recognition certificate, if applicable.

The bench of Justice Sachin Datta, observed that the standing counsel for the respondents had stated that the requirement for a certificate under the Transgender Persons (Protection of Rights) Act, 2019 can be waived if the individual provides a sworn affidavit confirming the gender change, along with a supporting certificate or surgical reconstruction certificate from the hospital where the individual underwent the gender-affirming medical procedure. Earlier, the Court had raised concerns about why a transgender person who undergoes gender affirmation surgery abroad must return to India before their gender can be updated in their passport.

In response, the standing counsel for the respondents was given a copy of the communication from the Ministry of External Affairs. The communication outlined the process for updating the gender on a passport from transgender to male or female.

The applicant may submit one of the following:

1. A valid Certificate of Identity for Gender Change (Form-1) or a long-term identity card (Form-6), issued under the Transgender Persons (Protection of Rights) Act, 2019, along with the Transgender Persons (Protection of Rights) Rules, 2020, reflecting the applicant’s desired gender.

2. A sworn affidavit confirming the change of gender, accompanied by a supporting certificate or surgical reconstruction certificate from the hospital where the applicant underwent medical treatment for gender affirmation.

The Ministry further stated that if the applicant is unable to provide either of the above documents, they may be issued an Emergency Certificate with the endorsement, “The holder has undergone medical intervention for gender affirmation.” Upon arrival in India, the individual can obtain the necessary documents from the relevant authorities and apply for the re-issuance of their passport with the updated gender.

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