In its session on March 1, 2007, the Spanish Congress definitively approved, with 176 votes in favor, 123 against, and 3 abstentions, the law, currently being published, which regulates the possibility for transgender people to change their gender and first name in the registry records, without the need for prior sex reassignment surgery.
The text of the law, approved by Congress in October 2006, passed the Senate, where it was approved with amendments in the session of February 21.
It should be noted that in the Senate the text was also voted in favor by the PP, which instead voted against it again, on the same text, in the final vote on March 1st in Congress—apparently for no plausible reason (except pressure from the Spanish Catholic hierarchy), but such is the alchemy of politics.
It should also be noted that on February 27, the Spanish Congress rejected a popular legislative initiative, promoted by the Family Forum and presented with approximately one and a half million signatures, calling for a ban on marriage and adoption for same-sex couples.
A year and a half after the law allowing gay marriage came into force, and after approximately 6,000 gay marriages have been celebrated, it is interesting to compare the two parliamentary votes:
Vote on the popular initiative calling for a ban on same-sex marriage:
136 votes in favor, 43,87% of those who participated in the vote
173 votes against 55.8% of the participants in the vote
1 abstention
Vote on the law that introduced same-sex marriage:
187 votes in favor, 55,32% of those who participated in the vote
147 votes against 43,49% of the participants in the vote
4 abstentions
Meanwhile, we are still awaiting the Constitutional Court's ruling on the appeal filed in September 2005 by the PP against the law on gay marriage.
We accept no responsibility for any translation errors, and we thank anyone who reports any to me.
Bill regulating the rectification of the sex of persons in the registers
Introductory report
This law regulates the requirements for accessing the modification of a person's sex data recorded in the Civil Registry, when said registration does not correspond to their true gender identity. It also provides for the change of name so that it does not conflict with the claimed sex.
Transsexualism, considered a change in gender identity, has been extensively studied in both medicine and psychology. It is a social reality that requires a legislative response, so that the initial assignment of sex and first name in the Civil Registry can be changed, with the aim of guaranteeing the free development of the personality and dignity of individuals whose gender identity does not correspond to the sex under which they were initially registered.
According to the regulations established in this law, changes in the sex registers and name changes are intended to certify as certain the change in gender identity already made, thus ensuring legal certainty and the general interest. For this reason, such change of identity must be duly proven, and the rectification in the registers will be carried out in accordance with the government procedures of the Civil Registry.
With this law, Spain joins those neighboring countries that have specific legislation that provides protection and legal certainty to the needs of properly diagnosed transgender individuals, to have their initial sex assignment corrected in the Civil Registry, an assignment that contradicts their gender identity, as well as (the right) to use a name that does not conflict with their identity.
Finally, this law reforms Article 54 of the Civil Registry Law of June 8, 1957. To guarantee people's right to freely choose their own name, the prohibition on registering familiar and colloquial diminutives or variants as first names that have not yet achieved the dignity of proper names is waived.
Article 1. Legitimacy
All Spanish nationals, adults of legal age and capable of doing so, may request to have their gender changed in the Population Registry.
Rectification of gender will involve changing the person's first name so that it does not conflict with their gender as indicated in the Registry.
2. Likewise, the interested party may include in the application a request for the complete drafting of a new sheet of the Registry.
Article 2. Procedure.
1. The rectification of data relating to sex in the Civil Status Register will be subject to the procedures and provisions of this law, in accordance with the rules established in the Law regulating the Civil Registry of 8 June 1957 for administrative procedures.
The request for gender rectification in the Registry must indicate the choice of a new first name, unless the person requests to retain the current one and this does not violate the requirements established in the Civil Registry Law.
2. In the procedure for modifying the data relating to the sex indicated in the Register, the following will not apply:
a) the first rule of Article 97 of the Civil Registry Law.
b) Paragraph two of Article 218 of the Civil Registry Regulations.
c) Paragraphs three and four of Article 349 of the Civil Registry Regulations.
Article 3. Competent authority.
The authority to decide on the request for a change in the civil status register of gender lies with the Civil Registry Officer of the applicant's domicile.
Article 4. Requirements for granting the modification.
1. The modification of the sex mention in the registers will be arranged once the requesting person demonstrates:
a) That she has been diagnosed with gender dysphoria. Proof of this diagnosis must be provided by a medical expert or clinical psychologist registered with a Spanish professional body or whose qualifications have been recognized or approved in Spain, and must include the following:
1. The existence of a dissociation between the morphological sex or physiological gender initially registered and the applicant's experienced gender identity or psychosocial sex, as well as the stability and persistence of such dissociation.
2. The absence of personality disorders that could significantly influence the existence of the dissociation indicated in the previous point.
b) That she has undergone medical treatment for at least two years to adapt her physical appearance to that corresponding to the claimed sex. Proof of fulfilling this requirement will be provided by an expert report from the registered physician under whose direction the treatment was performed or, failing that, by an expert report from a specialized forensic doctor.
2. Authorization to change the sex of a person listed in the Civil Status Register does not require that the treatment include gender reassignment surgery. The medical treatments referred to in letter b) of the previous paragraph will not be a requirement for authorization to change the sex of a person listed in the Civil Status Register when health or age reasons make their completion impossible and medical certification of this circumstance is provided.
Article 5. Effects.
1. The provision granting the modification of the data relating to sex in the Civil Status Register will have constitutive effect from its registration in the Register itself.
2. The modification of the Register will allow the person to exercise all the rights inherent to their new status.
3. The change of sex and name granted will not alter the ownership of the rights and legal obligations of belonging to the person prior to the registration of the change in the Registry.
Article 6. Notification of sex change in the Registry.
1. The Civil Registry Officer will officially notify the authorities and organizations of the change of sex and name as determined by the regulations.
2. Changing gender and name will require the person who has obtained it to request a new identity card containing the new data in the Registry. In any case, the same identity card number will be retained.
3. The issuance of new documents dated prior to the modification in the Register will take place at the request of the interested party, his legal representative, or a person authorized by him. In any case, the authorities, bodies, and institutions that originally issued them must ensure adequate identification of the person to whom the documents were issued by appropriately recording in the duplicate document the same identity card number or registration key that appeared on the original.
Article 7. Advertising.
No publicity will be given without special authorization regarding the modification of the person's sex indication in the Register.
First additional provision.
Addition of paragraph 3 to Article 7 of Law No. 14 of 26 May 2006 on assisted human reproduction techniques.
Article 7 of Law No. 14 of 26 May 2006 on Assisted Human Reproduction Techniques is amended, and is corrected as follows:
«Article 7. Parentage of children born through assisted reproduction techniques.
1. The parentage of children born through assisted reproduction techniques will be regulated by civil laws, with the exception of the provisions of the following three articles.
2. Under no circumstances will the registration in the Civil Registry contain data from which the nature of the generation can be deduced.
3. If the woman is married to another woman, and not legally or de facto separated, the latter may declare before the Civil Registry Officer of the place where the marital domicile is located, that she consents, when her spouse's child is born, to the attribution of filiation of the unborn child to her.»
Second additional provision.
Return of securities or documents.
For the purposes of paying the costs of issuing titles or documents, the rectification of the mention of sex in the Civil Registry is not considered a cause attributable to the interested party.
Transitional provision.
Exemption from proving the requirements for changing the gender data in the Registry.
Any person who, through a report from a registered physician or a certificate from a Civil Registry physician, proves that they underwent gender reassignment surgery before the entry into force of this law will be exempt from proving the requirements set forth in Article 4.1.
First final provision.
Competence title.
This Law is approved in the exercise of the exclusive powers of the State recognized in Article 149.1. 8° of the Constitution.
Second final provision.
Amendment to the Civil Registry Law of 8 June 1957
The Civil Registry Law of 8 June 1957 is amended as follows:
One. The first paragraph of Article 6 is amended as follows:
«The Register is public to anyone interested in knowing the data recorded therein, with the exceptions provided for by this or other laws».
Two. The second paragraph of Article 15 is amended as follows:
«In any case, events that occurred outside Spain will be recorded, when the corresponding registration must serve as a basis for the registrations required by Spanish law».
Three. The second paragraph of Article 54 is reworded as follows:
«Names that objectively prejudice the person, those that confuse identity, and those that mislead as to gender remain prohibited».
Four. Article 93, paragraph 2, is amended as follows:
«2. The incorrect indication of the sex when, however, there is no doubt about the identity of the child due to the occurrence of other circumstances, as well as the rectification of the indication of sex in the registers in the cases provided for by law.
Third Final Provision.
Regulatory provisions.
The Government, upon proposal from the Minister of Justice, will issue the necessary provisions for the development and implementation of this law.
Fourth final provision.
Amendment to Law No. 84 of December 28, 1978, which regulates the fee for issuing the National Identity Document.
Article 4, paragraph 2 of Law No. 84 of 28 December 1978 is amended as follows:
«Anyone who needs to renew their document during its validity period, due to a change of address or parental information, or for any circumstance not attributable to the interested party.»
Fifth final provision.
Entry into force.
This law enters into force on the day following its publication in the "Official State Bulletin".
OFFICIAL BULLETIN OF THE GENERAL COURTS
Senate
VIII LEGISLATURE
Series II: PROYECTOS DE LEY
February 28, 2007
No. 79(d) (Cong. Diputados, Serie A, núm. 89 Núm. exp. 121/000089)
LEY REGULADORA DE LA RECTIFICACIÓN REGISTRAL DE LA MENCIÓN
RELATING TO THE SEXO DE LAS PERSONAS
Preamble
This Ley regularly holds the necessary requirements to access the change of registration relating to the sex of a person in the Civil Registry, when the registration does not correspond to their true gender identity. Also consider changing your name so that it does not clash with your claimed sex.
Transexuality, considered as a change in gender identity, has been widely studied in medicine and psychology. It is a social reality that requires a response from the legislator, so that the initial registrational assignment of sex and personal name can be modified, with the aim of guaranteeing the free development of personality and dignity of persons whose gender identity does not correspond to the sex with which they initially they were inscribed.
According to the regulation that is established in this law, the registrational rectification of sex and the change of name are aimed at certifying as a certainty the change in gender identity produced, in a way that guarantees legal security and the requirements of the general interest. For this reason, the change of identity must be duly accredited, and the registration rectification will be carried out in conjunction with the regulation of the gubernative expedientes of the Civil Registry.
Through this Spanish law, we address those countries around us that have specific legislation that provides legal coverage and security to the needs of the transsexual person,
diagnosed mind, the initial registrational assignment of your sex must be corrected, a contradictory assignment with your gender identity, as well as flaunting a name that is not discordant with your identity.
Lastly, article 54 of the Law of the Civil Registry of 8 June 1957 is reformed by means of this Law. To guarantee the right of persons to the free election of their name, the prohibition on writing familiar and colloquial diminutives or variants as their name is waived hayan alcanzado substance.
Article 1. Legitimación.
1. Any person of Spanish nationality, mayor of education and with sufficient capacity for him, will be able to request the rectification of the registrational mention of sex.
The rectification of the sex will lead to the change of the person's name, so that it is not inconsistent with their sex registration.
2. Similarly, the interested person may include in the request the request for the total transfer of the registration document.
Article 2. Procedimiento.
1. The rectification of the registration statement of sex will be communicated and agreed upon with the provisions of this Law, in accordance with the regulations established in the Law of the Civil Registry, of 8 June 1957, for gubernative expedientes.
The request for rectification of the registry must include the election of a new name, except when the person wishes to preserve what is claimed and this is not contrary to the requirements established in the Law of the Civil Registry.
2. They are not applicable in the expedient for the rectification of the gender registration statement:
a) The first rule of article 97 of the Civil Registry Law.
b) The text according to article 218 of the Civil Registry Regulations.
c) The third parts and section of article 349 of the Civil Registry Regulations.
Article 3. Competent authority.
The competence to know the solicitudes of rectificación registral of the mención of sex will correspond to the Encargado of the Civil Registry of the domicile of the solicitor.
Article 4. Requirements to agree on rectification.
1. The registrational rectification of the mention of sex will be agreed once the soliciting person accredits:
a) You have been diagnosed with gender dysphoria.
The accreditation of the fulfillment of this requirement will be achieved through the information of a doctor or clinical psychologist, schools in Spain or whose titles have been recognized or approved in Spain, and who must have reference:
1. The existence of discord within the morphological sex or physiological gender originally inscribed and the gender identity felt by the solicitor or psychosocial sex, as well as the stability and persistence of this discord.
2. The absence of personality disturbances that may influence, in a decisive way, the existence of the perceived discord at the previous point.
3. IF SUPREME
b) It has been medically treated for at least two years to accommodate its physical characteristics and those corresponding to the sex claimed. The accreditation of the fulfillment of this requirement will be carried out through the notification of the medical doctor under whose direction the treatment has been carried out or, in this case, through the notification of a specialized forensic doctor.
2. It is not necessary for the granting of the registration rectification of the mention of sex of a person whose medical treatment has included sexual reassignment surgery. Medical treatments for those who refer to letter b) of the previous section will not be a necessary requirement for the granting of the registered rectification when health or food reasons which are impossible to follow occur and medical certification of this circumstance occurs.
Article 5. Effects.
1. The resolution that achieves the rectification of the registration mention of sex will have constitutive effects starting from your registration in the Civil Registry.
2. The registration rectification will allow the person to assert all the rights inherent in his new condition.
3. The agreed change of gender and name will not alter the ownership of the rights and legal obligations that may correspond to the person with precedence to the registration of the change registration.
Article 6. Notification of change of sex registration.
1. The Civil Registry Officer will officially notify the change of gender and name produced to the authorities and organizations that are legally determined.
2. The change of gender and name will oblige the person who has obtained it to request the issuance of a new national identity document adjusted to the rectified registration registration. In all cases, the same number of the national identity document will be kept.
3. The new shipment of documents with date prior to the registration rectification will be carried out at the request of the interested party, by legal representative or person authorized for that purpose, having to be guaranteed in each case by the authorities, bodies and institutions that expedient at the time the adequate identification of the person to whom they are expidan refer to documents, by means of the appropriate imprint on the duplicate document of the same national identity document number or the same registration key that appears in the original.
Article 7. Publicidad.
It will not be published without special authorization to rectify the registration of the mention relating to the sex of the person.
First additional provision. Addition of a section 3 to article 7 of Law 14/2006, of 26 May, on assisted human reproduction techniques.
If article 7 of Law 14/2006, of 26 May, on assisted human reproduction techniques is amended, which is drawn up as follows:
«Article 7. Filiación de los hijos nacidas via assisted reproduction techniques.
1. The breeding of the offspring with assisted reproduction techniques is regular by civil law, except for the specifics established in the three following articles.
2. In no case, the registration in the Civil Registry will reflect data of those who can infer the character of the generation.
3. When the woman is in her home, and not separated legally or in fact, from another woman, she will be able to demonstrate before the appointment of the Civil Registry of the conjugal domicile, which is consistent with the fact that when the child of her spouse is born, the filiation with respect to the birth is determined in her favour."»
Second (new) additional provision. Return of titles or documents.
Due to the tax exemption for reexpedition of titles or documents, the rectification of the mention of sex in the Civil Registry is not considered a cause attributable to the person concerned.
Transitional provision. Exemption from the accreditation of requirements for the rectification of the sex registration statement.
The person who, by means of a certified medical practitioner or certified by the Civil Registry doctor, claims to have undergone some sexual reassignment surgery prior to the entry into force of this Law, will be exempted from accrediting the requirements foreseen by article 4.1.
Final disposition first. Competent title.
This Law is stated in the exercise of the exclusive competences of the State recognized in Article 149.1. 8th of the Constitution.
Second final disposition. Modification of the Law of the Civil Registry, 8 June 1957.
The Law of the Civil Registry, of 8 June 1957, amended as follows:
A. The first paragraph of article 6 will be written in the following form:
«The Register is public for those who are interested in knowing the asientos, with the exceptions that foreseen is another law.»
Dos. The following paragraph of article 15 will be written in the following form:
«Entirely you will write the past events outside of Spain, when the corresponding entries must serve as a basis for the entries required in the right Spanish area.»
Tres. The second paragraph of article 54 is written as follows:
«They prohibit names that objectively denigrate the person, those that confuse identification and those that lead to errors regarding sex.»
Cuatro. Article 93. 2nd is written as follows:
«2.-The equivocal indication of sex when there is equally no doubt about the identity of the birth in the same circumstances, as well as the registrational mention relating to the sex of people in cases of gender dysphoria.»
Final arrangement third. Regulatory development.
The Government, at the proposal of the Minister of Justice, will dictate the provisions necessary for the development and implementation of this law.
Final disposition. Amendment of Law 84/1978, of 28 December, by which the fee for shipping the National Identity Document is regulated.
Number 2 of article 4 of Law 84/1978, of 28 December, is written as follows:
«Those who wish to renew the document specifically during the period of validity of the same, by change of domicile or filiatory data, or by any circumstance not attributable to the interested party.»
Final disposition fifth. Entered into force.
This Law will come into force on the day following its publication in the «Official Bulletin of the State».
