The Gender Identity Law: Legal Name and Gender Change with the Civil Registry

If you´re a legal adult and have Spanish nationality, you can request a legal name and gender change. You have to ask for it in your local Municipal District building in the district where you´ve registered with City Hall. If you`re not sure which office corresponds to you, just call 010 and by giving your address, they´ll give it to you.

On your request form, you must include your new chosen name (your female name). You can also request that it be changed on all of your registry documents, like a new birth certificate where your name and gender will be corrected.

Along with this application form, you need the gender dysphoria report given to you by your doctor or a psychologist, and a medical report stating that you have been under medical treatment for at least two years, adapting your body for new physical characteristics. You should always keep in mind that it´s not necessary for you to undergo a gender reassignment operation, to change your name and gender legally.

Once the Civil Registry has granted your name and gender change, you have to go to the police station with your new birth certificate, where your personal information has been changed, and ask to have your ID renewed. After getting a new ID with your name and gender change, you´ll need to get all other documents changed too:

  • Social Security Card. You have to go to the General Treasury Administration offices in your district. If you don´t know where it is, call 010 and ask.
  • Health Care Card. You´ll need to go to your local health care center
  • Job-seeker card. They´ll give you a new card at your district employment office.
  • Paystubs or Payslips. These come from your workplace
  • Your personal registry information as listed in the Municipal Registry and Electoral Registry. You´ll need to go to your local Municipal District Council. If you aren´t sure which one to go to, just call 010 and ask.
  • Academic degrees and titles. These can be changed at the place of study which awarded you the certificate.
  • Passport. At the police station.
  • All other official documents, which the corresponding organizations will take care of

Integration of transsexual persons in prison institutions

To achieve equality for all transsexual persons serving time in prison institutions, the Organic Law 1/1979 of the 26th of September was passed, concerning General Prison regulations.

This law was put into effect for the social integration of transsexual persons both on and off prison grounds, recognizing the physical gender identity (appearance of a women, for female transsexuals); and psychological identity, that she feels like a biological woman. That is to say, a female transsexual prison inmate must receive the same treatment as any other inmate. This law will apply even in the case that the inmate is registered under biological name and gender, in the Civil Registry Office. Both a medical evaluation and psychological report stating existence of gender dysphoria are mandatory.

Persons who find themselves in this situation are entitled to: (Art. 16)

1. Personal dignity and respect in accordance with identified gender
2. Electronic searches always respecting identified gender
3. Respect of privacy in common (communal) areas.
4. Access to specialized health services for the transsexualization process. (All medical appointments such as hormone treatments administered by the Penitentiary Administration.  
5. Equality and non-discrimination within the inmate population
6. Condition of transsexuality will not have any influence the completion of prison sentence.

In article 5 of the Prison Regulations Law all of the norms of completion of prison sentence are laid out.

The Administration will use the chosen name of transsexual persons, in all personal and group contact within the facility, and in the official registry offices, where the name appearing on the ID will be used.

Civil Rights in regards to Gender Identity (Transsexualism)

There are various measures to protect you from the social discrimination of transsexuals, including:

  • Public access to complete clinical gender reassignment treatment.
  • Name and sex change in the Civil Registry office
  • Government programs assisting those who lose their job or house

In Spain, the public health care system totally or partially covers clinical treatment of gender reassignment, in 6 of the Autonomous Communities: Andalucía, Extremadura, Aragón, Asturias, Cataluña y Madrid. Sex change operations are only performed in Andalucía and Madrid.