The Civil Registry of the City of Buenos Aires announced that it will begin to consider adults adolescents between 16 and 18 years old who want to access the process of changing their ID by the Gender Identity Law, a modification in the current regulations that in practice simplifies the process by eliminating two key requirements.
It is that from now on, adolescents will not need to have the accompaniment of their legal representatives (father, mother or guardians). Nor should they be sponsored by a lawyer for the child, a point that, the City argued, was provided for in Article 27 of Law 26,061, on the integral protection of the rights of the child.
For LGBTI+ organizations, the regulations "did not recognize trans children and youth as holders for the exercise of the right."
The request to eliminate the requirement of parental accompaniment was an old claim of different organizations, who "celebrated" the measure. It was through a statement that carried the signature of 100% Diversity and Rights, the Argentine Homosexual Community (CHA), Free Childhoods and the Association of Diverse Families of Argentina (AFDA).
"It is an advance in the exercise of the right to gender identity of adolescents from 16 to 18 years old, who will be able to access a National Identity Document that reflects their gender identity in their own right, freely and without the guardianship of their parents," they said in a text.
The proposals raised by the organizations are based on the provisions of the Civil Code, which, although it establishes that persons under 18 years of age exercise their rights through their legal representatives, also recognizes their age and degree of maturity sufficient to exercise them themselves.
"For example, from the age of sixteen they are considered as adults for decisions regarding the care of their own body and between the ages of thirteen and sixteen it is presumed that they have the ability to decide for themselves regarding health treatments that are not invasive," they explained.
In any case, the organizations maintainedthat they want to eliminate the requirement also for children under 16, to "guarantee access to the right to gender identity." They argue that it adapts to the Civil Code of 2015
Access to the sponsorship of the lawyer offered by the city is given through the General Tutelary Advice, for which the intervention of mental health professionals is necessary. It is "a restrictive and pathologizing circle that does not recognize trans children and youth as holders for the exercise of the right to gender identity," they denounce.
This new claim presented by the organizations to the Civil Registry had the support of the Public Ministry of Defense of the City, through the Ombudsman's Office No. 5, in charge of Dr. Giselle Furlong Pader.
To carry out the procedure before the Civil Registry, it is necessary to reserve an appointment on the https://formulario-sigeci.buenosaires.gob.ar/InicioTramiteComun?idPrestacion=1028 website, where you can choose the date and place to present the papers.
It is necessary to bring an updated original birth certificate (original and 3 sets of photocopies), the DNI (original and 3 sets of photocopies) and submit an application stating that it is covered by Law 26743, requiring the registration rectification of the birth certificate and the new corresponding national identity document. The procedure does not modify the original number of the document.
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