Why is there actually a third gender in Germany?
The act of civil status is adapted to real conditions in Germany.
The fact is, that after the birth of a child so far by Germany’s applicable act of civil status the gender of the child had generally to be registered in the child’s birth certificate. So, there is either a boy or a girl.
More options were previously not available.
Due to changes – also with hormone treatments – a very small risk can exist during the pregnancy to give birth to a child, whose gender cannot be uniquely determined, thus it is a hermaphrodite.
That was fatal for the child and the parents as well.
By defining a specific gender for the newborn child, although unique sexual characteristics were missing, these children have been forced into a sexual identity, which during the further physical development of the child did not often match its emotional development.
The feelings of a woman locked up in a man’s body or vice versa.
It is a cruel lifetime fate for the people concerned.
With the new act of civil status the gender of the child can be defined later, also after or during puberty.
The child itself decides in its future development to which gender it is attracted and want to belong to.
After its final decision the person concerned will be helped by medical surgery into the chosen gender.
By the way, a similar regularization was applied in the year 1794. In the Prussian Civil Code was determined, that with the birth of a hermaphrodite persons concerned were able to designate their gender themselves at the age of 18.