Gender self-determination

It will be required after six months from the official rectification in the Civil Registry to try to prevent fraud

The Minister of Equality, Irene Montero, in an act for Pride 2021.JAVI MARTNEZ

The Government has raised a legal shield to avoid fraud with the recognition of “gender self-determination” in the Trans Law, which will allow a person to officially change their sex just by going to the Civil Registry. Without presenting medical reports, or witnesses or being subjected to the obligation to get hormones.

The draft law, which will be approved this Tuesday by the Council of Ministers, establishes that the trans person who has modified their sex in the Civil Registry, from man to woman, or vice versa, must go to the judicial field, through voluntary jurisdiction, to be able to regain your previous gender once “six months” have passed since the modification.

In this way, it is avoided that a person may be continuously changing sex for some kind of personal benefit. According to sources from the Ministry of Equality, this offers “legal security” because it prevents “fraud of the law” from being committed.

Gender self-determination, which has caused for a year a frontal confrontation between the PSOE and United We Can, specifically, between Carmen Calvo and Irene Montero, means that a trans person who feels like a man or a woman can change their birth sex before the administration without the intervention of third parties and without having, as is now the case, having undergone a two-year hormonal process.

In four months

Thus, within a maximum period of four months, and with two visits to the Civil Registry separated in time to be ratified, the change of sex from male to female or vice versa will be official for public administrations. No need for you to go through surgery or hormones sooner or later to change your physical appearance. Be completely free to decide whether or not to do so.

The procedure is as follows: it is enough for the person to go to the Civil Registry. From the age of 16 onwards, the trans person can go alone. From 14 to 16 years old, you have to do it with your parents or legal guardians. And only in the case of 12 to 14 years, the process must be done in a court.

Minors under 12 years of age cannot request a change of sex, but only their name, without requiring any witness or documentary evidence and with the consequences that, at the level of rights, unfold.

Double ratification

For the vast majority of cases, a Civil Registry official will be the one who attends to the trans person and processes the request. I will give you a form where the legitimated person will make his manifestation of disagreement with the sex mentioned in his birth registration and fill out the request for “rectification”. Where you can choose another name.

This official will inform the trans person of the legal consequences of his act and the reversal procedure, which lasts six months. From there, he will have to go to court.

For minors between the ages of 14 and 18, all this information must be given in clear and adapted language. After all this, the application is signed.

From there, the Civil Registry has three months to re-summon the trans person so that it is ratified in their willingness to change their sex. If so, this process of two appearances is signed and concluded. A month after this second step, it will enter into force and become official for public administrations.


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