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What it is

Bill would let trans minors change their registered sex and name

Committee step 4 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 20 February 2017. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill to amend Act 3/2007, of 15 March, regulating the rectification of the mention of sex in the civil registry, to allow the rectification of the mention of sex and name of transgender and/or trans minors, to amend the requirements established in Article 4 regarding the registration of change of sex, and to enable measures to improve the integration of foreign residents in Spain.

Follow this law

Source: Congreso de los Diputados, file 122/000072· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow minors aged 12 to 16 to request on their own the change of their registered sex and name, with the consent of their parents or guardian. Minors under 12 would apply through their parents or guardian, and the minor would be heard. People whose capacity has been modified by a court could also apply through their legal representatives.
  2. The bill would remove the requirement of medical reports, surgeries, hormone therapies or psychological or psychiatric treatments to change the registered sex. An express statement by the person would be enough.
  3. Foreign nationals with legal residence in Spain who cannot change their sex or name in their country of origin, and who can prove this poses a risk to their life or safety, could request that the sex and name on their residence card and work permit be corrected.
  4. The bill includes intersex people: parents could request that the sex field be left blank on the birth registration if the medical report shows an intersex condition. In addition, the Government would have to send the Spanish Parliament, within one year, a report on recognizing non-binary gender.

Who it affects

  • Trans minors aged 12 to 16, who could request the change of sex and name with their parents' or guardian's consent.: Access to a registry change previously denied to them.
  • Minors under 12, whose application would be filed by their parents or guardian, with the minor being heard.: Access to the registry change through their representatives.
  • Foreign nationals with legal residence in Spain who cannot make the change in their country of origin.: They could correct sex and name on their residence card and work permit.
  • Intersex people and their families.: They could leave the sex field blank on the birth registration.

Words worth knowing

Rectificación registral
The official change of the data (sex or name) recorded for a person in the Civil Registry.
Registro Civil (Civil Registry)
The public registry where births are recorded, along with each person's sex and name.
Asentimiento
The consent or agreement the minor must give in certain cases.
Jurisdicción voluntaria
A simple court procedure, with no opposing parties, used to decide certain matters like this one.
Persona intersexual (intersex person)
A person whose physical characteristics do not clearly fit the usual definitions of male or female.

It summarizes the drafting committee report. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced20 February 2017Someone registers the text in the Congreso.
  2. Admitted28 February 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments11 December 2017Groups propose changes.
  4. Committee7 March 2018A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Mar 2017Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 20 February 2017: Presentación22. 28 February 2017: Boletín Oficial de las Cortes Generales Publicación desde 28/02/2017 hasta 03/03/201733. 28 February 2017: Calificación44. 3 March 2017: Gobierno Contestación desde 03/03/2017 hasta 10/04/201755. 10 April 2017: Pleno Toma en consideración desde 10/04/2017 hasta 30/11/201766. 30 November 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 30/11/2017 hasta 05/12/201777. 5 December 2017: Comisión de Justicia Publicación desde 05/12/2017 hasta 11/12/201788. 11 December 2017: Comisión de Justicia Enmiendas desde 11/12/2017 hasta 07/03/201899. 7 March 2018: Comisión de Justicia Informe desde 07/03/2018 hasta 26/02/20191010. 26 February 2019: Comisión de Justicia Aprobación con competencia legislativa plena desde 26/02/2019 hasta 05/03/20191111. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

30 November 2017

How did the plenary vote?

More votes in favour 203 yes · 130 no

Voted on: Private member's bill by the Socialist Parliamentary Group, to reform Law 3/2007, of March 15, regulating the rectification of the mention of sex in the registry, to allow the rectification of the mention of sex and name of transgender and/or trans minors, to modify the requirements established in Article 4 regarding the registration of sex change, and to enable measures to improve the integration of foreign residents in Spain.

Source: Congreso de los Diputados, vote 2 of sitting 92· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-em and GER. Against, most of Popular en el Congreso. 2 deputies voted differently from their group.

By province: in 28 most voted in favour; in 13, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 28
  • Against: 13
  • Tie: 11
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
81 in favour · 3 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto19
15 in favour · 2 against · 2 did not vote
Ciudadanos32
30 in favour · 2 did not vote
Gcup-ec-em67
66 in favour · 1 did not vote
GER9
6 in favour · 3 did not vote
Popular en el Congreso134
128 against · 6 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error