The Justice authorized to change a birth certificate of a person who changed his sex

 

May 8, 2012

 

The Second Chamber of the Court of Appeals in Civil and Commercial authorized the correction of a birth certificate, as a person who wished to be recorded under her new identity, female, requested.

The Chamber judges Cristina Montalbetti and Claudia Ibáñez de Alemán said that “the petitioner is fully identified with the female and her desire to be female, to be recognized as such, despite realizing that his body is that of a man” .

The judges took into account evidence which allowed them to prove that “despite his birth sex, the person’s life style is identified with the female gender, a situation that is considered in the Article 19 of the Constitution and can not be judged, or subjected to public criticism, as its helpful principles are derived from international treaties.”

“The State shall ensure without discrimination the possibility of personal development of individuals as such, which is essential for the strengthening of identity, without depending on their sexual orientation,” they said, and ordered the rectification “allowing the applicant access to the document identifying the name of her choice.”