Six-Year-Old Allowed Gender Change on Official Documents
October 10, 2013 by HRC staff
Post submitted by Jane WothayaThirikwa, HRC Global Engagement Fellow
A 6-year-old girl from Argentina, who was assigned male at birth, has won a legal petition to change her official documents to reflect her accurate gender. The petition had been initially rejected, with authorities arguing that a child younger than 14 years old lacked the maturity to make a decision regarding gender identity.
According to the national child protection agency Senaf, the petition was finally approved following their intervention, saying that denying the child’s gender change would constitute a violation of her rights under the UN Convention on the Rights of the Child.
Argentina enacted its new gender identity law in May 2012, making it the first Latin American country to legally permit individuals to determine their own sex and gender and be identified accordingly in legal documents and treatment.
The law also recognizes that gender identity is not defined by biology, but by “the internal and individual way in which gender is perceived by persons, that can correspond or not to the gender assigned at birth, including the personal experience of the body.”
According to the Advocate, the girl’s mother said she filed the petition to allow her daughter to be legally recognized as female and that she accepted her child’s identity.
The HRC Transgender Visibility Guide offers important information on coming out as transgender along with resources for parents of transgender or gender-nonconforming children. Click here to read and download the guide.
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