With the approval in Congress of the Trans Law, Spain has become the tenth European country in which free gender self-determination is allowed: that is, that a person can change their sex from a certain age simply by expressing his willingness to do it. And its legislation, as it has been focused, is already one of the most permissive in terms of the conditions applicable to minors so that they can complete the same process.
Specifically, the transition from man to woman or vice versa for administrative and legal purposes is now allowed by carrying out a simple procedure in the Civil Registry from the age of 16 without any requirement. Between the ages of 14 and 16, the consent of the parents or legal guardians is required and, in the event of a conflict with the interested party, a legal defender will have to intervene. And for minors between 12 and 14 years old, prior authorization from a judge is essential.
These are the main differences between the Spanish model and those of the other nine nations on the continent -six of them members of the European Union- that have already incorporated gender self-determination into their legislation.
DENMARK. It was the first country in Europe to allow sex change from the age of 18. The only requirement to complete the process is to reconfirm the application after six months and no medical or psychological requirement is required, it is only an administrative procedure. Access to this procedure is not allowed to minors, according to the latest Trans Legal Mapping Report of the International Association of Lesbians, Gays, Bisexuals, Trans and Intersex.
PORTUGAL. The neighboring country has another of the strictest laws on this matter. Free self-determination is contemplated from the age of 18 and with respect to minors it is only allowed under two conditions as long as they are over 16 years of age: these adolescents are required to have parental consent and a medical or psychological report proving their decision capacity.
IRELAND. Here, too, free self-determination is allowed exclusively from the age of 18. In the case of minors, the change is only authorized in the age range of 16 to 18 years and after accreditation of the consent of the parents or legal guardians together with a report from the applicant’s family doctor and another from a psychiatrist not related to the case of the interested party.
BELGIUM. Adults and emancipated minors have the capacity to change their gender with a single declaration in the Civil Registry and, as in Spain, there must be a second appearance a few months later. This country is one of the most demanding with minors. It only allows it with 16 and 17 years and obliges to present a report prepared by a child psychiatrist and to have the consent of the parents.
SWISS. It has been the last nation on the continent so far to take the step towards self-determination and forms, together with Norway and Iceland, the trio of countries not integrated into the European Union that have legislated on the matter, in their case in force since January 1 from 2022. Sex change is allowed freely from the age of 16 and for minors only with the consent of the parents. In all cases you have to pay a fee of 75 francs, about 76 euros to change.
LUXEMBOURG. The age for self-determination is 18, but unlike everyone else, transgender people must prove through a collection of facts that they identify as another gender, prove that they are known by another name, or that their family or friends recognize you in that identity. As for minors, they can request a gender change from the age of five with the permission of their parents. If they don’t have it, a judge decides.
NORWAY. It is one of the countries that offers the most facilities to trans people. To begin with, because it establishes free gender self-determination from the age of 16, as the bill in Spain right now proposes. Their single declaration is enough for them to change the sex registered at birth. On the other hand, it also allows that the same procedure can be carried out from the age of six to 16 as long as the minor has the permission of one of her two parents. In the event that there is a rejection by both, the decision would be up to a court. There is an open door for even as young as six for parents to submit gender change requests.
ICELAND. It is the only country in Europe where free self-determination is allowed from the age of 15, the lowest figure of all those that have approved laws in this regard. Minors of that age are also authorized to change with the consent of their parents. When one of the two parents disagrees, it is a committee of experts that has the last word. According to the Transgender Europe network, it is also the only nation in which the non-binary gender is admitted -for people who do not identify with the categories male or female- along with Germany, where self-determination is not allowed.
MALT. On the Mediterranean island, transsexuals are not required to present proof of a total or partial genital reassignment surgical procedure, or hormonal therapies or any other psychiatric, psychological or medical treatment to exercise their right to gender identity from the age of 16 . In the case of minors, the request must be submitted by their legal representatives and the Court will have the last word, taking into account the best interest of the child and its maturity.
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