On 23 October, lawyer Vanessa Moratalla took part in the programme Reto a lo Imposible on Get Radio, hosted by Enrique García Boubeta, in a special edition on Spain's Trans Law. She shared the panel with Isabella H. García, who spoke about her personal experience, and Dr Felipe Hurtado Murillo, a clinical psychology specialist, in a plural and respectful debate.
Vanessa explained the legal framework of Law 4/2023 of 28 February on the real and effective equality of trans people and the guarantee of LGTBI rights. These were some of the key points:
What gender self-determination means
It is the legal possibility of changing the sex recorded in the Civil Registry simply by the person's own will, without medical or psychological reports or hormonal or surgical treatment, as was required under the previous rules.
The procedure
- The person goes to the Civil Registry and states their wish to change. At this first appearance they are informed of the legal consequences.
- They must confirm their decision within a maximum of three months.
- People over 16 can apply on their own; between 14 and 16, with the assistance of their legal representatives; and between 12 and 14, with court authorisation.
Effects of the change
The change takes effect from its registration and is not retroactive: earlier events are governed by the legal situation the person had at that time. The law itself provides that the change does not alter the rules on gender-based violence for earlier events, and the courts examine the purpose of the change to prevent it from being used fraudulently.
National and regional laws
The change of sex in the Civil Registry and its requirements are governed by national law, common to all of Spain. In other areas, such as healthcare, education or support services, the regions may have their own rules. In the Valencian Community, Law 8/2017 on the right to gender identity and expression also applies.
You can watch the full programme (in Spanish) on Get Radio's YouTube channel.
If you have questions about legal gender change or your rights in Spain, Moratalla Abogada can advise you. Contact us.
This article is for information purposes only and does not replace legal advice on a specific case.