Argentine court allows 13-year-old boy to change gender despite mother’s refusal
RIO DE JANEIRO, BRAZIL – An Argentine family court has allowed a thirteen-year-old teenager to change the gender on his birth certificate, even though he only had his father’s consent because his mother did not agree to the change.
The court took into account that under the Gender Identity Act, minors can request a change of gender entry if they have the consent of their parents or legal representative. In the sub lite case, the juvenile only had his father’s permission.
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In this regard, the ruling specifies that if one of the legal representatives of the minor refuses the procedure or it is not possible to obtain his consent, the family judges may resort to the summary procedure to resolve the matter, taking into account the principles of progressive capacity and the best interests of the child, under the provisions of the Convention on the Rights of the Child and the Law on the Comprehensive Protection of the Rights of Children and Adolescents.
The court noted that the central axis of gender identity revolves around the personal experience of gender as each person internally feels and lives it. The right to the gender identity of children and adolescents imposes a duty on judges to consider their best interests over other interests.
Concerning the adolescent’s opinion, the judgment points out that it is not enough to listen to the child’s story, as views must be taken into serious consideration, especially when the young person can form their own judgment, which must be judged according to the principle of progressive autonomy, as they exercise their rights as their autonomy develops.
In short, the court approved the change of sex in the birth certificate of the young person, having considered its decision definite and decisive, supported by the experts of the Secretariat for Childhood, Youth, and Family.
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