The court ruled in favor of the transgender teenager: she can change her document without parental consent.
A teenager wanted to change his ID, but his father refused to sign it for over a year, citing religious reasons. He took legal action.
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A. is 17 years old and had long wanted to obtain a document reflecting his true name and gender identity. To change his ID, he first had to go to the Civil Registry to amend his birth certificate, which required the consent of both his parents. His mother supported him from the beginning in his transition to this self-perceived gender identity, but his father did not share this support. For over a year, he refused to accompany him or give his consent, arguing that he could not accept it due to his religion. His father is an evangelical Christian. However, a ruling issued in August 2021 by the Civil Chamber found in favor of the teenager and ordered the Civil Registry and Capacity of Persons in the city where the process was initiated to authorize the change of his name and registered sex. The ruling states that, according to Article 26 of the Civil and Commercial Code of the Nation, individuals have sufficient capacity to make such changes through their own expression of will from the age of 16. However, the teenager had to go through a legal process to be able to exercise it.
A. lives with her mother, who is separated from her father. Being under 18, she needed the consent of both her legal guardians to change her gender marker, as stipulated by the Gender Identity Law. She tried to convince her father, but was unsuccessful. She researched and read the information, eventually contacting the LGBT Ombudsman's Office of the City of Buenos Aires and its coordinator, lawyer Flavia Massenzio.
“Going to court is the last resort. It takes so long and exposes the family so much that nobody wants to do it. But he had no other choice. We tried everything, I even spoke to the father on the phone. But he didn't want to sign,” lawyer Massenzio told Presentes .
The case, which was processed in Family Court No. 83, had an initial ruling on June 1, 2021, which did not respond to A.'s request. In fact, it did not even respect A.'s self-perceived identity and referred to him as feminine.
The lawyer appealed, and obtained a ruling in the Civil Chamber, which resolved that A. can go to the Civil Registry alone, as an adult, to change his ID, that the first instance ruling be revoked and that the name and gender used by the judge be rectified, as he did not respect A.'s identity. The entire legal process lasted a year, complicated in large part by the pandemic and the closure of the courts, which could not schedule hearings.
A precedent for trans adolescents
“This is a ruling from the Court of Appeals, the second instance. So when you cite it in other proceedings, it carries weight. It's very valuable precedent, to continue insisting that, administratively, adolescents in that age range must be considered adults,” Massenzio said.
This sets a precedent: the Justice accepted that A. is an adult and can decide about his health, understood in a comprehensive way, as social well-being.
According to data from the National Registry of Persons (Renaper), since the enactment of the Gender Identity Law in 2012, there have been more than 9,000 legal name and gender changes. More than 1,300 of these were for people under 19 years of age.
Those under 18 years of age must go to the Civil Registry accompanied by their two legal guardians and a child's lawyer, as indicated in Article 5 of the Law.
When, for any reason, the consent of one or more of the legal representatives is denied or impossible to obtain, summary proceedings may be initiated for the appropriate judges to resolve the matter. In such cases, the person must have the assistance of the child's lawyer.
Part of religion
“Unfortunately, we have noticed that the cases where trans youth receive the least support, and also where there is a higher rate of expulsion, are closely related to religion. Religion should not prevent a person from loving or respecting their family,” Lisandro Cottone, co-secretary of the Secretariat for Diverse Trans Children and Adolescents and their Families at FALGBT (Argentine LGBT Federation), which has supported more than 380 people since its creation in 2016, Presentes
Lisandro knows what it's like to live without his identity being respected. That's why he and his mother decided to support transgender children and teenagers and their families. The Secretariat was founded five years ago by another mother who couldn't find support and guidance on how to help her transgender child.
“Of the families we’ve assisted, only half have the support of both their legal guardians. And this is already a group quite open to guidance, which is why they come to our center. This means that half of the young people we’ve helped couldn’t complete the process without going through the courts ,” Lisandro explained. He added that of the half who do have support, in most cases it’s their mothers.
When the cisnormative gaze denies rights
The Gender Identity Law was passed in 2012. Three years later, the Civil Code was updated. This update included changes to the legal definition of a minor.
Now, the new Code, in its article 26, says: “From the age of sixteen, the adolescent is considered an adult for decisions pertaining to the care of his or her own body.”
“I’m a children’s lawyer and I assist with many legal name changes. When they turn 17, I feel like I’m no longer involved. They have the full capacity to make those decisions, the will, and the identity formation. What the code says about this age group is true,” Massenzio explained.
“There’s still this preconception that ‘no, they’re too young to know what they want.’ But when a teenager identifies as cisgender and heterosexual, that identity is never questioned. You’re too young to express yourself if you’re not that way. Because we’re still operating from a cis-normative perspective, which continues to deny the evolving capacity and self-expression of children and adolescents,” Lisandro concluded.
Early childhoods for transgender children with ID cards and family support
In 2019, the Autonomous City of Buenos Aires established October 29th as the “Day for the Promotion of the Rights of Trans Children and Adolescents.” That was thanks to Mauro, or as everyone calls him, Facha.
On October 29, 2014, Facha was able to rectify his birth certificate at Civil Registry No. 1 in the city of Buenos Aires, changing his gender and name. He was the first trans man in the City of Buenos Aires to receive his new national identity document. He was 10 years old. He did not have to go to court because both his mother and father accompanied him.
A year earlier, Lulu became the first transgender girl in the world to legally change her gender marker on her national identity document at the age of six, in the province of Buenos Aires. Her mother, Gabriela Mansilla, along with her daughter, spearheaded a struggle that, for the first time, resulted in the State recognizing this right for a minor without requiring a court case.
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