Can an adult legally change their gender either as of right or with Court sanction? If the latter, please describe the legal process, if any, required to do so and whether spousal consent is required.
Yes. According to Civil Code § 30b, since January 1st, 2022, any person who is firmly convinced that they are not of the sex recorded in the civil register may declare to the civil registrar their wish to have the entry changed. They can choose between male and female. Currently, the parliament has refused a third option or the absence of any indication. The declaration may be made at any civil registrar or Swiss diplomatic entity (see Civil Registrar Ordinance § 14b) and incurs a fee of CHF 75 (see Civil Registrar Fees Ordinance). The person making the declaration may also have one or more new first names entered in the civil register. The declaration has no legal effect on family relationships. The consent of a legal representative is required if the person making the declaration is under the age of 16, is subject to a general deputyship, or if the adult protection authority has so ordered.
PROTECTION
Related questions
Protection
Is either being homosexual or engaging in consensual homosexual sexual acts illegal? If so, what are the penalties?
No. Homosexuality and consensual homosexual acts are legal under Swiss law.
Protection
Is any aspect of gender identity or gender affirming treatment illegal? If so what are the penalties?
No. However, there are specific requirements for minors. See question 37.
Protection
Are there further comments on gender identity and gender affirming treatment in Switzerland?
According to case law, gender-affirming treatments must be reimbursed by basic (and mandatory) health insurance (see Supreme Court 137 I 86). No legal text covers all areas, and concerned individuals might encounter resistance from insurers, requiring additional documentation to establish the necessary diagnosis of Gender Identity Disorder in Adolescents or Adults according to DSM 302.85. Existing psychiatric therapy of at least six months is usually required for insurance coverage of hormonal treatments. Insurers won't cover surgery without an existing psychiatric therapy for at least one year and will usually not accept claims without prior hormonal treatment. Surgery coverage is extensive and may include genital, mammary, facial (though this is disputed), and vocal cord modifications (see Supreme Court 9C_572/2015 § 4.2).
Protection
Can a same-sex couple marry? If so, are there any differences from opposite-sex marriages?
Yes. On September 26th, 2021, Swiss citizens widely accepted (64% in favor) the "Marriage for All" legislation, establishing gender-neutral marriage. There is no difference between same-sex and opposite-sex marriages.