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BUENOS AIRES, Argentina. The Buenos Aires Civil Registry announced that the procedure has been modified to allow transgender adolescents to access the right to change their legal gender.

The complaint was filed in December 2022 by the organizations 100% Diversity and Rights , the Argentine Homosexual Community (CHA) , Free Childhoods , and the Association of Diverse Families of Argentina (AFDA) . They denounced that the required steps are not adapted to the new Civil Code.

The gender identity law grants the right to change one's gender on official records through administrative channels without pathologization or judicial intervention, but establishes different requirements depending on age. Until now, adolescents under 18 had to access the change with parental authorization and accompaniment, and mandatory legal representation.

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The organizations celebrated this change in the regulations. “It is a step forward in the exercise of the right to gender identity for adolescents aged 16 to 18, who will be able to access a National Identity Document that reflects their identity by their own right, freely and without the guardianship of their parents,” they stated.

The complaint was filed with the Civil Registry with the support of the City's Public Defender's Office. It was filed through Public Defender's Office No. 5, which was headed in 2022 by Dr. Patricio Canepa, and is now headed by Dr. Giselle Furlong Pader.

What's missing

The modifications do not apply to individuals under 16 years of age. For them, the signatures of both parents and mandatory legal representation are required due to the restrictions on the progressive autonomy of children and adolescents.

“We know that trans children and adolescents are excluded from their families, so the mandatory procedure with the signature of their parents or guardians is an impediment,” Martín Canevaro, a member of 100% Diversity and Rights, Agencia Presentes

The organizations request that, in the case of individuals under 13 years of age, they be able to access the process with their own request and the consent of one of their parents or a significant other. “Legal representation is not mandatory in any case, and should only be provided by the city government when there are conflicts of interest with their legal representatives.”

The organizations point out that the 2015 update to the Civil Code states that “from the age of sixteen, individuals are considered adults for decisions concerning the care of their own bodies. And between the ages of thirteen and sixteen, they are presumed to have the capacity to decide for themselves regarding non-invasive health treatments. Furthermore, it recognizes legal assistance as a right, but only in cases of conflicts of interest with their legal representatives.”

How it works

Currently, the City provides sponsorship through the General Guardianship Office. Prior to this, an interview is conducted with mental health professionals. "This completes a restrictive and pathologizing cycle," the organizations emphasize. "It does not recognize transgender children and youth as entitled to exercise the right to gender identity," they state.

Despite this important progress, announced just days before the 11th anniversary of the Gender Identity Law, there is concern about what is happening in the country. "In many places, the figure of the child's lawyer , making access even more difficult."

If the claim to the Civil Registry and Capacity of Persons of the City is not addressed so that it interprets and applies article 5 of Law 26.743 on Gender Identity (2012), an appeal will be filed with the Public Defender's Office.