Applying for an X in your passport

What does an X in your passport mean?

An X in the passport replaces the traditional sex designation M (male) or V (female) with the designation “X”, which stands for “sex undetermined”. The registration offers recognition for people with a non-binary gender identity and has been possible via the Dutch courts since 2018.

The X registration stems from the birth certificate, which forms the legal foundation for official documents. If the birth certificate is amended, the passport, identity card, driver’s license, and the Personal Records Database (BRP) follow that change. The application for the new passport or identity card is then made at the municipality.

The X is primarily requested by persons who do not identify as male or female, including non-binary and intersex persons. The registration has legal consequences: documents are adjusted, and in some situations (travel, medical registration), a different administrative treatment applies.

Is there a statutory regulation for X registration?

There is currently no explicit statutory regulation for X registration in the Netherlands. Judges therefore apply the rules for changing sex registration from Art. 1:28 of the Dutch Civil Code by analogy to requests for registration as “undetermined”. The procedure takes place via a petition to the court, in accordance with the Code of Civil Procedure.

Since 2018, various district courts and courts of appeal have granted requests for X registration. These rulings now form a consistent legal line, although every case is still individual. The legislature has announced that it is preparing a statutory regulation; until then, the judicial route remains the only way to obtain an X registration.

When are you eligible for an X?

Five cumulative conditions apply for an X registration. The judge assesses whether your request is sufficiently substantiated and whether the conditions are met in your specific situation.

• You are sixteen years of age or older (under eighteen with the consent of parents or a guardian).
• You have Dutch nationality.
• You are registered with a Dutch municipality.
• You possess a valid identity document.
• You structurally do not identify as male or female, substantiated by an expert statement.

Medical treatment is not required. The judge does not test for physical characteristics, but for gender identity as evidenced by the expert statement and the personal explanation. In a number of rulings, the judge has waived the expert statement, but as a general rule, it is requested.

What is the required expert statement?

The expert statement is a written declaration from a doctor or psychologist stating that the petitioner’s gender identity is non-binary and permanent in nature. The statement substantiates the request to the court and forms part of the petition.

The statement is usually drawn up by an expert familiar with gender identity issues, such as a psychologist with experience in gender care. An existing treatment relationship is not required. The statement does not need to contain a diagnostic label; the focus is on confirming that the identity is structurally non-binary.

What are the costs for an X registration procedure?

The total costs for an X registration are approximately €1,060. This amount consists of a €341 court fee to the court and €719 for legal preparation and assistance by the lawyer. If the court orders an oral hearing, additional costs may be charged for hearing preparation.

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Combining an X application with a change of first name

Many clients choose to combine the X registration with a change of first name. A combined procedure is more efficient: both requests are submitted, handled, and assessed simultaneously by the same judge. The rate for a combined application is lower than for two separate procedures. Contact us for a situation-specific cost overview.

Subsidized legal aid (certificate)

If your income and assets fall below the standards of the Legal Aid Board, you may be eligible for a certificate for subsidized legal aid. In that case, different financial conditions apply:

• Court fee: €91
• Personal contribution: between €420 and €900, depending on your income
• No additional lawyer fees for standard procedures

The personal contribution is determined by the Legal Aid Board based on your income data from two years ago. In special cases, additional subsidies or special assistance via the municipality may be possible. This will be discussed during the introductory meeting.

How does the application procedure work?

The procedure for an X registration takes place in five steps, from the introductory meeting to the application for the new passport. The total lead time is approximately four to six months, including the three-month waiting period after the ruling.

1. Introductory meeting.
   Simmelink discusses your situation, the legal feasibility, the costs, and the possibility of a certificate via the Legal Aid Board.
2. Collection of documents.
   You provide a copy of your identity document and your birth certificate. Simmelink assists you in obtaining the expert statement if it is not yet available.
3. Drafting and submitting the petition.
   The petition contains your personal explanation, the legal substantiation, and the supporting documents. Simmelink submits the request to the competent court.
4. Court ruling.
   A written ruling follows after a few weeks. In some cases, the judge orders a hearing. After that, a three-month waiting period applies during which an appeal can be lodged.
5. Adjustment of registrations and new passport.
   After the waiting period, the birth certificate is amended by the registrar of births, deaths, and marriages. Based on this, you apply for a new passport or identity card at the municipality.

Assistance by Simmelink Lawyers

Simmelink Lawyers has been assisting with petitions for X registration since 2019 and has contributed to the development of the legal line used by district courts and courts of appeal. This experience translates into a carefully substantiated petition that aligns with the criteria from recent rulings.

The firm assists clients throughout the Netherlands and, via secure video calling, also clients who wish to submit a request from abroad. For the application itself, a lawyer is legally required because the petition must be submitted to the court by a registered lawyer.

What Simmelink does for you

• Assessment of legal feasibility based on your personal situation.
• Assistance in drafting or obtaining the expert statement.
• Drafting the petition with a personal explanation and legal substantiation.
• Submission to the competent court and further procedural assistance.
• Assistance with the follow-up steps: amending the birth certificate, applying for a new passport or identity card.
• Advice on a possible appeal if the judge denies the request.

Recent court rulings on X registration

Since 2018, the Dutch judiciary has granted various requests for registration as sex “undetermined”. Each case is assessed individually, weighing the personal interest of the petitioner against the legal framework of Art. 1:28 of the Dutch Civil Code (applied by analogy). Below is a selection of rulings that illustrate the current line:

• The Hague District Court, April 8, 2025 (ECLI:NL:RBDHA:2025:7393). Granting of request to change sex to “X”.
• Zeeland-West-Brabant District Court, December 6, 2023 (ECLI:NL:RBZWB:2023:8562). Combined change of sex to X and change of first name.
• North Holland District Court, January 10, 2023 (ECLI:NL:RBNHO:2023:103). Request from a non-binary person granted without an expert statement, because the gender identity had been sufficiently substantiated by the court.
• Midden-Nederland District Court, September 1, 2022 (ECLI:NL:RBMNE:2022:3565). Granting of request from a non-binary petitioner to change birth certificate to “X”.
• Arnhem-Leeuwarden Court of Appeal, September 15, 2022 (ECLI:NL:GHARL:2022:8003). Amendment of birth certificate to “X” under analogous application of Art. 1:28 to 1:28c of the Dutch Civil Code.
• Arnhem-Leeuwarden Court of Appeal, August 4, 2022 (ECLI:NL:GHARL:2022:6917). Granting of request to change birth certificate to “X” for a gender-fluid person.

These rulings form the framework within which new requests are assessed. Based on this case law, every petition is substantiated with references to similar cases, so that the judge can place the new request in line with previous approvals.

Consequences of an X registration when traveling abroad

Not all countries recognize the X as a valid sex registration. When traveling abroad, this can have consequences for border control, visa applications, or other administrative procedures. Some countries (including Germany, Austria, Canada, Australia, and New Zealand) have an X registration themselves or recognize Dutch X passports without issues. Other countries insist on M or F and may ask additional questions.

Before departure, it is wise to check the current situation per destination with the Dutch embassy of the country concerned or via the Ministry of Foreign Affairs. For cross-border legal matters (such as inheritance law, family law, or registration abroad), Simmelink can refer you to our international family law cluster.

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