Trans Children’s Day: The Long Road to Guarantee Their Rights in Mexico
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October 30, 2022

Trans childhood is something that is still pending in Congress, to make it legal in the Mexican Republic, as well as equal marriage, which can already be performed throughout the country.

And despite the fact that several rulings have been launched to support minors, this is not something that is done in every entity.

2019 had a breakthrough regarding the reform, since the United Commissions of Administration and Procuration of Justice and Gender Equity of the Congress of Mexico City approved a ruling to allow children and adolescents to choose their name and gender in the birth certificate.

This process was intended to be generated administratively by organizations in order to support families so that their children can have freedom in this decision.

In that year there were 40 organizations that supported this scheme, but it remained only a project. It never reached Congress.

During 2019, 1,500 procedures for gender identity change were registered for people over 18 years of age, although it is not allowed for minors.

Then, in Mexico City a reform was published for adolescents, older than 12 years old, to change their gender identity where it shows the Official Gazette of the City "the guidelines to Guarantee Human Rights in the Administrative Procedure for the Recognition of Gender Identity in Mexico City of Adolescent Persons."

With this new process, adolescents will be able to place their gender on their birth certificate. Those who were able to carry out the procedure took from seven months to two years and with a price that ranged between 150 and 250 thousand pesos, in addition to the opinions and psychological tests of the applicant, families and witnesses.

In March of this year, the Supreme Court of Justice of the Nation (SCJN) recognized trans children and their rights by declaring unconstitutional the requirement of being 18 years old to request a new birth certificate showing their gender identity.

The only state that has this change in birth certificates, since 2020 and without age restrictions, is Jalisco, and although minors do not have the opportunity to do it in their state, they can travel to the state to do it without any problem.

Today there are 23 states that have the change of identity in their birth certificates, but only for people over 18 years old.

In Mexico City it is allowed, after the age of 12, in Sinaloa and Oaxaca they approved the bureaucratic procedure (without the same guarantees as Jalisco). Unlike Jalisco, which is more of an administrative procedure where the minor is taken care of, giving young people the opportunity to carry out procedures in their own right.

One of the problems that can happen is with birth certificates, since it is complicated for trans adults, as minors are a complex issue in other states.

This decree was efficient for the trans community because it incorporated five articles that guarantee the right to the identity of the people in all the civil registry offices of Jalisco.

The Jalisco government website mentions that now, any person who has a birth certificate, only has to go to the civil registry offices for the modification of their data.

Read the rest at NoticiasPV

Related: This Group Might Save Your LGBTQ Kid’s Life (The New York Times)

This article was translated from Spanish using AI technologies. Errors may exist due to this process.

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