MEA clarifies passport gender update process for transgenders after surgery abroad  

The Ministry of External Affairs (MEA) has clarified the procedure for transgender individuals who have undergone gender affirmation surgery abroad to update their gender details on Indian passports. The details were submitted to the Delhi High Court, outlining the documents required and exceptions allowed under the law.  

According to the MEA, applicants must present a medical certificate confirming the surgery, a legally recognised change of gender certificate from the country where the procedure was performed, and any other supporting documents, such as a gender recognition certificate, if applicable.  

Justice Sachin Datta, presiding over the matter, noted that a certificate under the Transgender Persons (Protection of Rights) Act, 2019, could be waived if the individual provides a sworn affidavit confirming the gender change. This affidavit must be supported by a surgical reconstruction certificate from the hospital where the procedure was conducted.  

The Court previously questioned why transgender individuals must return to India to update their gender on passports, prompting the MEA to outline alternative solutions. As per the ministry, applicants can submit:  
1. A Certificate of Identity for Gender Change (Form-1) or a long-term identity card (Form-6), as per the Transgender Persons (Protection of Rights) Act, 2019, reflecting their desired gender.  
2. A sworn affidavit and a supporting surgical reconstruction certificate from the hospital where the procedure was performed.  

If neither document is available, the MEA stated that the individual could be issued an Emergency Certificate with an endorsement confirming medical intervention for gender affirmation. Upon returning to India, they can obtain the necessary documents from local authorities and apply for re-issuance of their passport with updated details.  

The process aims to streamline the experience for transgender individuals while addressing procedural and legal concerns raised by the Court.