The Trans Law depathologizes the process of sex change in the registry and introduces several advances for the LGTBI community
El BOE publish this wednesday Trans LGBTI Law, which facilitates gender self-determination to minors promoted by the Ministry of Equality and which will enter into force on March 2.
La Law for the real and effective Equality of trans people and for the guarantee of the rights of LGTBI people recognize the gender self-determination for 16 over years. Any person may change their registered sex without the need to submit medical or psychological reports or undergo hormonal processes. As of this Thursday, it will be enough for anyone who so wishes to request a registration change in writing, without the need to present evidence or witnesses. This decision must be ratified by the applicant three months later, while the Administration will have one more month. That is, the process will last about four months maximum.
Depathologization in the BOE
This law modifies the text approved in 2007 during the socialist government of José Luis Rodríguez Zapatero, which required at least two years of hormone therapy and a medical diagnosis proving gender dysphoria for the registration change.
Se depathologizes thus the registration rectification process of the mention related to sex, to which people over 16 years of age will be able to freely access. The entry into force of this regulation also allows minors between the ages of 14 to 16 years, although in their case they must have the consent of their parents or guardians for their request. In the event that a minor does not have their consent, a judicial defender will be appointed to resolve the conflict.
Children from 12 to 14 years
In addition, those under 12 to 14 years they can change the gender as long as the minor has the authorization of a judge, who will examine his maturity; while minors under 12 years of age cannot change the registry mention of sex, but their namee to adjust it to the gender with which it identifies.
On the contrary, the law inscribed in the BOE it allows that in six months a trans person can request to return to their original sex in the same way that they requested it. In the event that she wanted to modify it for the third time, then she would have to go through a judge, who would decide if there were signs of legal fraud.
For the development and execution of the trans lawplatforms, Government has a period of one year from its entry into force to dictate the necessary provisions. From Justice have ensured that the Civil Registry is ready to carry out this change in legislation, since these measures are already applied in a similar way in 15 autonomies that have their own Trans Law.
These are not the only measures that will come into force, the law also includes measures to guarantee the rights of people LGTBI, such as the parentage of children of lesbian couples without them having to be married.
Furthermore, the single women, lesbians and bisexuals will have access to the Assisted reproduction and diversity training measures will be launched for assistants for the elderly or measures in relation to education and against discrimination of the group (work, social, leisure).
It is also recognized sexile, which is the abandonment of a town or city by a person from the collective due to discrimination or LGBTophobia that suffers in their environment in said place, or those known as conversion therapies.