Bulgaria's Top Court Authorizes Legal Gender Changes for Transgender People

Bulgaria's highest civil and criminal court has authorized the legal modification of gender in four cases, a landmark decision that allows transgender individuals to change their legal sex for the first time since 2020. The rulings by the Supreme Court of Cassation come after a judgment from the European Court of Justice (ECJ).

This development signifies a crucial shift in Bulgaria's stance on transgender rights. Previously, in 2023, the same court had ruled that Bulgarian law did not permit transgender people to alter their sex, name, or identification number on official documents. However, some judges questioned this interpretation, believing it might conflict with EU law, prompting them to refer the matter to the ECJ.

The ECJ ruled in March that European law prohibits legislation preventing the modification of sex, name, and identification data for citizens exercising their right to move and reside within the EU. The European court also stated that national high courts' interpretations cannot obstruct the application of EU law.

The Bulgarian court's recent decisions emphasized that denying legal gender recognition based solely on biological sex, moral or religious beliefs, or the absence of detailed legislation constitutes unequal treatment. This ruling directly addresses concerns raised by the EU's Fundamental Rights Agency, which in September 2025 identified Bulgaria and Hungary as the sole EU members lacking any legal gender recognition pathways.

In 2020, the Supreme Court of Cassation initiated a procedure to unify Bulgarian jurisprudence on the matter, which had led to a freeze on all pending cases. The recent rulings aim to resolve this legal ambiguity and bring Bulgaria into alignment with European standards on LGBTQ+ rights.

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a refusal based solely on a biological conception of sex, on moral or religious considerations, or on the absence of detailed legislation would constitute unequal treatment.