February 27, 2021

Trans law will allow minors to change sex in the registry without medical report

A demonstration in favor of trans rights.

A demonstration in favor of trans rights.

The draft law for the equality of trans people designed by the Ministry of Equality will allow change of sex in the registry without the need for a report or medical treatment from the age of 16, Y between 12 and 16 with parental consent or tutors.

The draft, to which EFE has had access, thus establishes the depathologization of transsexuality, in line with the World Health Organization, and guarantees protection and specific rights to all that person “whose gender identity does not correspond to the sex assigned at birth“.

The text includes measures in the health, educational, labor and sports fields and also opens the door to requesting that the gender not be specified in the official identity documents, to attend to those who do not identify with the male gender or with the feminine.

Among the health benefits, in addition to hormonal and surgical treatments, it includes that “transgender people” can use assisted human reproduction techniques.

The Ministry of Equality aims to start the legislative process of this draft law in the first half of February, which is why Minister Irene Montero and the First Vice President of the Government, Carmen Calvo, met last week.

These are the axes of the project:

– The right to freely manifested gender identity, without the need to provide any medical or psychological diagnosis or undergo prior treatment.

As the main novelty, the requirement of diagnosis of gender dysphoria for the change of sex in the registry is eliminated and the free declaration of the interested person will be sufficient.

– In compliance with the jurisprudence of the Constitutional Court and in line with the report of the presentation approved by the main parliamentary groups in 2019, the age requirement to request the rectification of the registration mention of sex is eliminated.

Those over 16 years of age will be fully legitimized to request it; the minors between 12 and 16 years old They may do so through their legal representatives or with your consent; and in the case of those under 12, parents or guardians may request the change of registered sex with the consent of the children.

– Sex change in the registry will not alter the legal causes opened prior to the modification registry. It seeks to reassure feminist groups that warned of the possibility that some aggressors resorted to this law to avoid the penalties established by the law on gender violence.

The rectification of the registration mention of sex does not oblige to change the name and, to facilitate the full inclusion of trans minors, they are allowed change the name without rectifying the gender.

– The right to freely manifested gender identity will also be recognized whenforeigners who are in Spain, regardless of your administrative situation.

– The Ministry of the Interior will adopt the necessary measures so that official identification documents may omit, at the request of the person concerned, the mention relative to sex.

– In the chapter dedicated to health care, specific attention is guaranteed to trans people It is also forbidden to force them to undergo treatment.

The National Health System will offer hormonal treatment, voice therapy, genital surgeries, mammoplasties, mastectomies and prosthetic material and trans people with the ability to carry a baby will be able to opt for assisted reproduction techniques.

In the educational field, the right of students to express their gender identity is guaranteedTherefore, their physical image, the choice of their clothing and the access and use of the facilities of the educational center must be respected in accordance with their gender identity.

In sports practices, events and competitions, trans people will participate according to their registered sex and gender verification tests may not be carried out, “without prejudice to timely compliance with the rules governing international competitions.”

– In the workplace, incentives for hiring unemployed trans people, with special difficulties to enter the labor market.

Trans prisoners will also have the right to be treated according to their registered sexAlthough they may request to be separated from that group if they fear that their safety or privacy will be put at risk.


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