Brazil: Non-binary gender included in Rio de Janeiro birth certificates

RIO DE JANEIRO, BRAZIL – A joint lawsuit by the Rio de Janeiro Public Defender’s Office and the state’s Court of Justice included the ‘non-binary’ gender as an option on birth certificates.

The term, placed on the civil register in neutral language, refers to people who do not identify with the female or male genders, the only ones included on the documentation.

The favorable ruling guaranteed the right of transgender and non-binary people to alter their birth certificates. After the social initiative, which occurred in November, immediate changes were introduced in the state’s registry offices. This change is only possible through legal action, which is typically lengthy, and due to the joint effort, the process has been expedited.

There is a Federal Supreme Court (STF) guideline, in force since 2017, for notaries to perform civil re-classifications without court action, but this measure has not been extended to non-binary people. Therefore, in practice, this group needs to seek the Courts to change their name and gender in their documentation.

On the need for legal action for this specific public, the Rio de Janeiro Association of Civil Registrars of Natural Persons (ARPEN-RJ), clarified that any practice performed in Civil Registry Offices is based on rules and legislation. In the case of records as non-binary, due to the absence of law, such changes may only be made upon judicial decision.

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