(CNN) Germany's top court ruled Wednesday that lawmakers must legally recognize a "third gender" from birth.

Once a law is passed, Germany would become the first European country to offer intersex people the option of identifying as a designation other than male or female.

The court ruled that the current system, which "does not provide for a third option -- besides the entry 'female' or 'male,'" is unconstitutional.

In 2013, Germany became the first European country to allow parents of intersex children to leave the gender box blank on a birth certificate.

But Wednesday's ruling in the case, which was brought by an intersex person, goes further, requiring lawmakers to create the possibility for a "positive gender entry" for these babies.

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