Transgender minors can change their name from this Wednesday without legal obstacles

Related imageAs of this Wednesday, transgender people will find fewer inconveniences when submitting a request to change their name . This is what the Official State Bulletin has collected, which includes the instructions presented by the General Directorate of Registries and Notaries on October 23.

The text presented reflects that the request for the change of name by someone of legal age or minor in emancipation situation will be attended to , enough for it that the subject presents it to the person in charge of the Civil Registry or by means of a public document, “stating that he feels of the sex corresponding to the requested name and that he is not able to obtain the change for not fulfilling the requirements of Law 3/2007 “.

The modification represents a new step towards the normalization of the process of sex change, which entails the change of name, an act so far regulated by Law 3/2007. Said norm presented a series of requirements such as being of legal age, presenting gender dysphoria diagnosed in a medical or psychological report, as well as showing proof of having received medical treatment for at least two years.

According to the disposition presented in the BOE of this Wednesday, “it is important to point out that at the time when the aforementioned law was passed, transsexuality was classified as a disease ” by the World Health Organization (WHO).

This new legislation comes to Spain months after the aforementioned organization announced last June a new deal for transsexuality , taking it out of the classification of “personality disorders of adult behavior and behavior”, where it appeared since 1990 The new WHO code now places it as a “condition” within an epigraph dedicated to “conditions related to sexual conduct”.

Recognize the word of the minor transsexual people

The “gender incongruence” , as it has been collected by the international organization, has given way to a new interpretation on a small scale. In addition, “the new section of the WHO differentiates between the incongruence of gender in adolescence and adulthood and that of childhood, which requires a new corrective interpretation of the 2007 Law”, says the BOE of this October 24th.

In this way, changes to the present regulations include offering greater protection “of the child’s preferential interest , which overrides all competing legitimate interests, is of such importance that the character or at least many of the specific effects of a principle of public order in our legal system. “

Although it is true that the law establishes 12 years as the minimum age to be heard, the new text states that “in any case , the child must be heard according to his degree of maturity.”

For those cases of minority, the amendment to the law states that parents or guardians may jointly submit the change of name, an application that must nevertheless be signed by the subject if he or she has more than 12 years. If you are less than this age, “must be heard by the person in charge of the Civil Registry”.

Other standards as objectives to be modified

The objective of this open road, which includes a Proposition of Law pending processing in the Parliament, is also focused on changing the Civil Registry Act in force in Spain since 1957 for the cases of request for change of name.

In particular, two articles of said law are in the focus of the change. Article 2, which states that “the Civil Registry constitutes evidence of the events recorded” and more specifically Article 54, which prohibits “the names that objectively harm the person, those that confuse the identification and those that lead to error regarding sex . “

To these words, the BOE responds, stating that “it must be noted that the main identifying element of the person, due to its effectiveness in avoiding errors and duplicities, is the DNI number”. “The rejection of the change of name (considering that it harms the person or induces error as to its sex) would damage the right to the full development of the personality, which would lead to a legal insecurity of much greater importance”, adds the new text

As the document points out, minors are subject to Article 2 of the Organic Law 1/1996 on the Legal Protection of Minors in its current version, which includes the protection of the right to development and the satisfaction of their emotional and emotional needs , and the preservation of their identity and orientation “.

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