By Dr Estelle Ivanova, Attorney at Law, Paris, France
On 23 July 2026, the French Ministry of Sports, Youth, and Community Life announced the establishment of the Observatory on Variations in Development, Intersex and Identity in Sport (Observatoire des variations du développement, de l’intersexuation et de l’identité dans le sport – “OVIDIS”).
Chaired by Professor Jean-François Toussaint, the new body is intended to provide independent, multidisciplinary expertise on evolving rules governing sex-based categories in sport.
Its establishment comes in the context of the new IOC Policy on the Protection of the Female (Women’s) Category in Olympic Sport and Guiding Considerations for International Federations and Sports Governing Bodies, approved by the IOC Executive Board on 26 March 2026 and applicable from the 2028 Los Angeles Olympic and Paralympic Games.
The creation of OVIDIS also follows recommendations contained in the report Transidentité et sport de haut niveau, submitted to the French authorities on 20 December 2024 by an expert committee, co-chaired by Sandra Forgues and Professor Toussaint.
OVIDIS has been given a broad remit extending beyond the question of chromosomal testing. It is tasked with reviewing the scientific, medical, legal, ethical and international aspects of sex-based categorisation policies in both elite and amateur sport.
OVIDIS will also examine regulatory developments introduced by the IOC and international sports federations and assess their potential implications. Its work is expected to include a consolidated mapping of the positions adopted by international sports organisations, States, national federations and athletes’ associations.
From a practical perspective, OVIDIS will consider the possible consequences of changes to eligibility rules for French athletes and sports federations, including their potential impact on qualification pathways for major international sports competitions. It is also expected to formulate recommendations aimed at strengthening legal certainty, athlete protection and sporting fairness.
Its role is not confined to domestic policy. The expertise produced by OVIDIS is intended to inform French public decision-making, contribute to the formulation of France’s positions and support exchanges between the French authorities and international sports governing bodies.
The mandate of OVIDIS is also relevant in light of the French legal framework governing genetic testing. In a ministerial response published on 8 September 2026, the French Government recalled that the examination of constitutional genetic characteristics is strictly regulated under French bioethics legislation and may be undertaken only for medical or research purposes, subject to the conditions prescribed by law.
The Government also identified a number of legal and practical considerations arising from the use of genetic characteristics for sporting eligibility, including those relating to privacy, non-discrimination and the physical and psychological well-being of athletes. In doing so, it reaffirmed France’s commitment to sporting fairness alongside the protection of athletes’ privacy, integrity and well-being.
A first orientation report is due during the second half of 2026, with annual reports thereafter until the French Alps 2030 Olympic and Paralympic Winter Games.
The first report is intended to update the available scientific and regulatory information, assess the implications of recent decisions by international sports governing bodies and consider prospective scenarios ahead of the 2028 Los Angeles Olympic and Paralympic Games.
Dr Estelle Ivanova may be contacted by e-mail at ‘