The Cordovan justice ordered the Civil Registry rrectify the birth certificate of a 16-year-old adolescent who, at birth, was registered with a female identityand who claimed to have documents in accordance with the name and gender of their self-perceived identity.
Judge Multifuero of 1st Nomination of Río Tercero, Romina Sanchez Torassaexplained that the AZG adolescent “was mature enough to understand the scope of the request and that this modification was the conclusion of the personal and social process that he had already gone through.”
With that decision, he rejected the request of the the boy’s father, for whom it was necessary for the adolescent to undergo medical examinations to establish if he fully understood what was requested. In the resolution, in addition, Judge Sánchez Torassa reproached the father who “was always absent from the adolescent’s life for a long time, so he couldn’t go through this process by his side”.
“The free and informed consent of the person”
The request for change of gender and self-perceived identity had been presented by the mother of the adolescent, DVM., but the case went to litigation because the father, RAG, demanded that medical interventions be mediated. In his request, the boy’s father argued that in order to determine the adolescent’s real will, interdisciplinary expertise was necessary, to rule out that it was an act of rebellion or a request based on immaturity.
Sánchez Torassa warned that, according to the standards of the Inter-American Court of Human Rightsthe procedure for recognition of self-perceived gender identity “must be based on free and informed consent of the person who requests it, without imposing the fulfillment of abusive requirements or subjecting him to medical or psychological expertise”.
In the process, the lawyer for the Children’s Lawyer who represented the young man – as indicated in article 27 of provincial law 26,061 – confirmed that the adolescent AZG “has sufficient capacity for its decision to be validated.”
Consequently, Sánchez Torassa decided to “make room” for the proposed action and authorize the processing before the Civil Registry and Capacity of Persons of the “registry rectification of gender and the change of first name in accordance with their self-perceived identity.”