Spain will allow changing sex in the civil registry from the age of 14

The government of Spain approved this Tuesday a legislative proposal that allows from the age of 14 to change sex in the civil registry with an administrative procedure, without evidence or witnesses, and ends the need for health reports and medical and legal guardianship to proceed with such modification.

“We intend to overcome this historical invisibility, stigmatization and the lack of recognition of the rights of LGTBI people”, argued the spokeswoman for the Executive, the socialist María Jesús Montero, in a press conference, referring to the bill, which must pass a series of consultation procedures before being sent to Parliament for a vote.

The norm has been the subject of disagreements and hard negotiation for months between the socialists and the leftists of Podemos, who govern in coalition, and criticism from a sector of the feminist movement that believes that this law supposes the “erasing women”.

“This is a feminist law that understands that either we all arrive or none arrive,” Montero responded to those reproaches, and stressed that Spain “makes history” with this legislation.

The draft provides that minors under the age of 12 and 13 will need a judicial authorization to change their sex in the civil registry, while after 14, any person may do so with an administrative procedure.

In this way, the will of the person will be the only requirement for such registration modification, thus ending the health reports and the need for medical and legal guardianship.

This was one of the main points of friction between the government partners, who finally agreed to allow the change of sex and name of the person who requests it in the civil registry without the need for witnesses, evidence or medical reports.

The legislative proposal, opposed by conservatives and the extreme right, establishes a mechanism to prevent continuous sex change and, with it, fraud of the law. Those who have changed the registration mention of sex will need a judicial authorization to do it again, and only once.

The law will stop considering trans people sick and, in addition, conversion, aversion or counterconditioning therapies aimed at modifying sexual orientation, identity or expression will be prohibited.

“It is a giant step” in the advancement of the rights of trans and LGTBI people, Montero insisted.

According to the Minister of Equality, Irene Montero (Podemos), the “strength” of the Coalition Executive with this draft; and he congratulated himself because, despite the differences, it has been possible to make policies “that improve people’s lives and expand the chances of happiness for millions of people”.

The LGTBI movement celebrates the law, although it regrets that it leaves out trans-migrants and non-binary people (who do not fully perceive themselves as male or female and prefer to identify with a third gender or neither).