Intersex Persons Sue Zimbabwe Govt Demanding Third Gender On Birth Certificates, IDs And Passports

Intersex Persons Take Zimbabwe Govt To Court Over Third Gender

Zimbabwe’s government is facing a historic court battle as intersex persons demand the introduction of a third gender on birth certificates, identity cards, and passports. The case, filed at the High Court on 30 September 2025, marks the first attempt to compel legal recognition of intersex rights in the country.

Who are intersex persons?

Intersex people are individuals born with a combination of male and female biological traits. This can include differences in chromosomes, hormones, or reproductive anatomy that do not fit typical definitions of male or female.

Because of these traits, many intersex persons struggle with identity documents that do not reflect their reality, leaving them vulnerable to discrimination.

ICoZ director Kudakwashe Murisa explained their challenges:

“Being intersex, I have to explain myself each time I want to use my identity documents. This is because they don’t match with the sex I was assigned at birth,” as per Zimlive.

Court challenge lodged

Seven applicants – both adults and children – are part of the case. Some have been denied access to education and social services because their papers did not match their biological reality. Others faced discrimination in healthcare and employment.

Two organisations, the Health Law and Policy Consortium (HLPC) and the Intersex Community of Zimbabwe (ICoZ), are also backing the case.

Respondents include the Registrar General, the ministers of Home Affairs, Health, and Justice, as well as the Attorney General.

HLPC board member Tinashe Mundawarara, in his affidavit, pointed to constitutional violations:

“Section 81 (1)(c) specifically guarantees every child the right to a birth certificate. By failing to ensure that intersex children are issued birth certificates that reflect their unique biological reality, the respondents deny them a fundamental right and create barriers to accessing essential services such as healthcare and education.”

Global precedents

Zimbabwe is not alone in facing questions over gender recognition. Other countries have already made legal changes to include intersex and non-binary persons.

In 2013, Germany became the first European country to allow parents to leave the gender field blank on birth certificates for intersex children. By 2018, it went further, officially recognising “diverse” as a third option on legal documents.

Nepal introduced a third gender category as far back as 2007, while Pakistan recognised “X” as a third gender on national identity cards in 2009. Australia and New Zealand also allow intersex and non-binary individuals to choose a third gender marker on passports.

Murisa said Zimbabwe must now follow the same path:

“This case is not just about one individual. It is about an entire community that has been made invisible for too long.”

Call for ban on surgeries

The applicants are also asking the court to ban non-consensual surgeries on intersex minors. Some were subjected to irreversible procedures in childhood, leading to lasting health complications.

One applicant said the surgery left them with lifelong medical challenges and exclusion from society.

Murisa stressed the wider significance of the case:

“This case is historic. For the first time, the Zimbabwean legal system is being challenged to recognise the rights of intersex individuals as equal human beings under the constitution.”

The High Court is yet to set a hearing date. If successful, the case could create a precedent for intersex rights in Zimbabwe and shape regional debates on gender recognition.