The new 'trans law' has been published in the Official State Gazette (BOE) today (Wednesday), and lists all the provisions that come into force from today. Among them, the change of name and sex in the Civil Registry with fewer requirements than those that existed for trans people, who are defined in the law as those "whose sexual identity does not correspond to the sex assigned at birth."
According to the law, anyone with "Spanish nationality over the age of 16" may request the change of sex "by itself" before the registry. Those who are between 14 and 16 may also do it "by themselves", but must be "assisted by their legal representatives". If there is "disagreement" between parents and minors, a "judicial defender" is appointed, and between the ages of 12 and 14 they may also request this rectification if they first have a "judicial authorization for the modification of the registry mention of their sex".
The publication in the BOE, in its first chapter, specifies that the procedure can be done in "any Civil Registry office", before "the person in charge", who "in no case" can ask for, from today, a " medical or psychological report related to non-conformity with the sex mentioned in the birth registration, nor to the previous modification of the appearance or bodily function of the person through medical, surgical or other procedures.
The person requesting the procedure will be summoned to appear with their legal representatives, if applicable. In this second act, a new proper name is chosen, although you can keep the one you "bear", and "your statement of disagreement with the sex mentioned in your birth registration and your request that, consequently, proceed to the corresponding rectification. It is not specified if that appearance is made at the same time or if an appointment is made on another day.
Changing one's sex and name has "legal consequences", of which the person exercising that right will be informed, which includes special protection against discrimination and in favour of equal treatment. You will also be informed of associations and organizations that protect your rights. It specifies the law that deprives the “best interest of the minor person”. Then, it remains to reiterate the request in writing.
Three months later, they must appear in the same Civil Registry, to assert the "persistence of his decision". The resolution must be issued within a maximum period of one month, counted from the last ratification. Up to six months later, the sex and previous name can be recovered before the Registry without further formalities.
Gender, violence, and rights:
Among the effects of the change of name and sex in the registry, is that "the person who rectifies the mention of the sex going from male to female may be the beneficiary of positive action measures specifically adopted in favour of women."
If it is the other way around, from female to male, the person "will retain the consolidated economic rights that have been derived from these positive action measures, without there being any refund or return of it." However, the change "will not alter the legal regime that applied to the person before the change in registration" in terms of gender violence.
In any case, the LGTBI groups warn, the publication of the law does not imply that today a change of sex and name can be initiated, because, although some of their doubts have been cleared up, such as which Civil Registry to go to, you should always wait for a prior appointment, which is usually imposed in these administrations.
In any case, if today some people want to exercise their right to rectify their name and sex, this request will become effective within four months.
