Javier Sanz is a Valencian family lawyer specialized in cases of gender violence, divorce and minors who a few days ago went to the civil registry to change his sex, now he is a woman. He recorded the process and uploaded it to Tik Tok, something that caused a great furor among his followers.
He always felt like a woman despite the fact that he refers to himself as masculine “out of habit” and won’t change his name but he has assured that he will not back down because he really feels it. In words to Confilegal, he has explained the steps to follow to be able to make the transition, something that he has described as “very simple”.
The first question that must be clarified is that although we speak colloquially of “gender change” or “sex change”, in reality the only thing that is changed is the mention of the sex of the people in the Civil Registry.
Therefore, we are before “a mere registry rectification”, has highlighted.
Who can do it?
From there, knowing what the concept is, who is legitimized? Well, here it is divided into three groups.
The first, any Spaniard with DNI older than 16 years, therefore, it does not fit those people who only have a residence permit.
The second group, people between 14 and 16 yearswhich will have to have the authorization of the tutors places.
And finally, those who are in the fork between 13 and 14 yearsbut with a judicial authorization.
The procedure “is simple.”
It is requested voluntarily before the person in charge of the Civil Registry of any city (or by letter). In some cases it will be necessary to request an appointment but, in others, not.
He went directly to a Civil Registry without having to arrange a day and an hour.
After filling out the application, at that moment they made an appointment for him to ratify it again. According to the law, the maximum term is three months.
Of course, without this act being conditioned to the prior display of any psychological or medical report, not even the modification of physical appearance itself.
Therefore, for the sex change to be agreedonly the declaration of the interested party is necessarythat is, one’s own will.
You have to bring your DNI and, in some cities, they are asking for a birth certificate or registration.
Name and gender do not go hand in hand.
the change of sex it can be done without name change, The only thing that would mean is that an M is changed to an F on the DNI when the document is to be renewed.
But it has recognized that the name change will mean “A real disaster for the Civil Registry» because it requires legal stability.
Well, after the ratification in three months, the person in charge of the Civil Registry will have one month to resolve, therefore, in the term of 4 or 5 months the change relative to the sex of the persons can be obtained.
And if a person repents, you can change your mind within 6 months. You can roll back all the paperwork to the beginning and go back to what it was before.
Of course, taking into account that the next time you want to change it will have to be done in the court for voluntary jurisdiction but it is unknown if it will have to be accompanied by a psychological report. “Not even the person in charge of the Civil Registry knows that,” the lawyer acknowledged.
“Although, initially, the law prohibits psychological, medical or appearance accreditation, with which, not even in the second instance can it be requested,” he said.
There is no limit to request the change.
Can the application of the gender violence law be avoided?
According to the lawyer, the Law on Gender Violence itself, in its article 46.3 states no.
When a person is already immersed in a gender violence procedure you will not be able to receive these benefitsbut it is true that it leaves the door open for those who change their sex and in the future are denounced for gender violence.
In that case, they will already be women in law and in fact.
“We will have to wait for the judicial decisions that come out and see what response Justice gives in these cases,” he said.
Related news:
