The binary conception of gender as solely male or female has had a great impact to nonbinary and intersex people in the societal and legal field. Their ability to enjoy human rights is impacted by the current normative confines of sex and gender. The aim of the following paper is to investigate how Malta and Germany have included intersex people and/or nonbinary identities in their legislation and through a socio-legal analysis examine whether their legislations achieved to provide non-discrimination policies. The paper concludes that the third legal recognition in Malta and Germany is based on different perspectives in order to include populations that do not conform to the binary dichotomy and that seek legal recognition.