New Legislation for Registering a Change of Gender and Name in the Civil Registry in Spain

Spain has introduced the opportunity for transgender individuals to reflect the rectification of their gender and name under Law 4/2023, enacted on 28 February 2025.

In Spain, legislation allows the legal rectification of the gender and change of name for transgender people. Law 4/2023, of 28 February 2025 and places transgender individual on parity with the general population and establishes the guarantee of LGTBI rights.  The law allows any Spanish national over the age of 16 independently request the rectification of their sex in the Civil Registry. There are also specific procedures in place for minors under the age of 16 years

Article 48 regulates the name change in the Civil Registry for minors. Transgender minors, regardless of whether they have started the physical process of rectifying their registered gender at birth have the right to obtain a legal name change for reasons of gender identity, provided they meet the requirements set out in Law 20/2011, of 21 July, on the Civil Registry.

Procedure for Changing Gender and Name in the Civil Registry

This law has simplified the process, eliminating previous obligation for medical and judicial requirements.

Who can apply?

• People over 16: They can apply independently, without additional requirements.
• Minors aged 14 to 16: They require the oversight of their parents of guardians with parental responsibility for them  
• Minors aged 12 to 14: They must undergo a voluntary jurisdiction procedure in court, where a judge will authorise the change.

What are the requirements?

• No medical or psychological reports are required.
• No hormone therapy or gender reassignment surgery is needed.
• There is no obligation to change appearance in order to request rectification.

Steps to Take

Initial Appearance at the Civil Registry

• The individual submits a request to change their registered sex through an official declaration.
• They must state why they disagree with their gender at birth or assigned to them at birth and explain their reasoning to be recognised as the opposite sex.
• No medical or psychological documentation is required.

Reflection Period

• A maximum period of three months must pass before confirming the request, during which time the request can be withdrawn

Second Appearance at the Civil Registry

• After at least three months, the individual must return to the Civil Registry to confirm their request.
• If they confirm their decision, the Civil Registry officer will proceed with the rectification.

 Registration of the Change in the Civil Registry

• Once the request is confirmed, the change is recorded in the Civil Registry within a maximum period of one month.
• The individual can then obtain official documents (ID, passport) with their new gender

2. Key Questions About the Procedure

Is a medical or psychological diagnosis required?
No. Previously, legislation required a gender dysphoria diagnosis and at least two years of hormone treatment. These requirements have now been removed to avoid the pathologisation of trans identities.

Is surgery required to change the registered name and sex?
No. The law states that no medical treatment or surgical intervention is needed to access a name and sex change in the Civil Registry.

How long does the process take?

• From the first request to the registration in the Civil Registry, the process takes at least four months (three months of waiting + one month for registration).
• It may take longer depending on the workload of the Civil Registry.

What about minors under 14?

• Minors aged 12 to 14 must go through a judicial procedure where a judge will assess their case and decide on the change.
• Children under 12 cannot legally change their registered sex in Spain.

Can a transgender person revert to their original gender?
Yes. The law allows a transgender person to request a reversion to their original sex within six months using the same procedure. However, if they wish to modify it a third time, a judge will need to determine whether there is any indication of fraud.

3. Other Important Considerations

• Updating Official Documents
  Once the change is registered, the individual can update their ID card, passport, health card, academic and other titles, etc.
• Effects on Rights and Obligations
  The legal rectification of sex does not affect acquired rights or obligations, such as marriages, parenthood, or legal contracts.
• Correction of Previous Documents
  It is possible to request corrections to previous documents where the former sex was indicated, provided a legitimate interest is demonstrated.

In Spain, the change of name and sex is a purely administrative and depathologised process, requiring only the applicant’s own desire and confirmation after three months of reflection. This represents a major step forward in protecting transgender rights but should not be undertaken lightly and where appropriate legal advice on the long term ramifications of such a step should be sought.  Giambrone & Partners LGTBQIA division, Gay Lawyers, can advise.

At Giambrone & Partners, our specialised legal team in LGTBQIA+ advisory services understand the complexities of this process. We provide close and professional support at every stage, ensuring your rights are fully protected.