No gender recognition provisions: 0/10 | There are laws and provisions, but with legal/medical/psychological approval: 5/10 | There are laws for self-determination, but only for those over 16 years of age: 7,5/10 | There are laws on gender self-determination, including those under 16 years of age: 10/10
There have been no legislative changes in Norway since 2018. The Legal Gender Amendment Act (2016) allows legal gender recognition on the basis of self-determination. There is no set limit on the number of times one can change legal gender. Neither is there a proposed requirement of a latency period before one can change one’s gender again.
The procedure is also open to minors over the age of 16. However, children aged 6 to 16 require the permission of both parents. If both parents have the custody of the child and one of them does not consent, the legal gender may still be changed if this is in the best interest of the child, which is assessed by the County Governor. The County Governor will in such cases assess what is in the best interest of the child, according to factors such as their age, maturity and gender expression.
Criticism from civil society and researchers has raised that the Legal Gender Amendment Act could further be improved upon by expanding the choice of gender beyond the male/female binary, and introducing measures to improve access to trans-specific healthcare.
In 2023, the Directorate for Children, Youth and Families finalised its report on introducing a third legal gender category and submitted it to the Ministry of Culture and Equality. The report envisions three possible measures, namely: to no longer include gender in ID documents; to introduce a third legal gender option; or to prepare a national guide for recognising gender diversity. The parliament had previously decided that the gendered social security numbers would be changed due to the system running out of numbers, but that this change would only be introduced in 2032. This hindered the implementation of a full third legal gender for nearly a decade.
There are no regional or national policies allowing students to use their preferred name before having obtained a legal gender recognition.
ECRI has noted that research highlights a lack of knowledge and little understanding of gender identity issues in many areas including in schools, which leads to intolerance and transphobic attitudes, and triggers discrimination, exclusion, stigma and harassment. ECRI has also noted the crucial role of nurses in school to help transgender children and the need to better train them on LGBTQI issues.
It is worth noting that the Norwegian health authorities have defined gender-affirming treatment for children and youth as experimental treatment. This development may end up having negative effects on the mental health of young transgender people and affecting their social interactions with others in a negative way. If so, this will likely encompass their school environment as well.
