Portugal Gender Identity Law

Portuguese Gender Identity Law
Law No. 7/2011 of 15th March 2010

 

English version of the

1. This law governs the procedure for change of sex in the civil registry and corresponding change of proper name.

2. This procedure has a secret character.

Legitimately request this procedure the people of Portuguese nationality, of legal age and does not show banned or disabled by mental illness, who are diagnosed with gender identity disorder.

1. The request may be made at any Civil Registry Office and must be accompanied by the following documents:

a. Application for change of sex, indicating the number of civil identification and proper name by which the applicant wants to be identified and can, therefore, be required to undertake a new birth certificate;

b. Report prepared by a multidisciplinary team of clinical sexology clinic at the health facility public or private, domestic or foreign that proves the diagnosis of gender identity disorder, also designated by transexuality.

2. The report referred to in subparagraph b) of previous number should be signed by at least one doctor and one psychologist.

1. Within eight days of the request, the registrar shall, as appropriate:

a. Deciding in favor of the request and make its endorsement in accordance with Article 73.º of the Code of Civil Registry or, if appropriate, a new birth certificate pursuant to paragraph 1 of Article 123.º of the same Code ;

b. Request processing the request;

c. Reject the request when the analysis of elements instructive that this result clearly not consistent with the standards.

2. If you have been asked to improve the application in accordance with paragraph b) above, the registrar shall decide the application within eight days from the date of submission of additional elements.

Articles 69. º, 70., 104., 123. º, 214. º and 217. Of the Civil Registry Code, approved by Decree-Law No. 131/95 of 6 June, amended by Decree-Laws nos 224-A/96 of November 26, 36/97, of January 31, 120/98 of 8 May, 375-A/99 of September 20, 228/2001, of August 20, 273/2001, 13 October, 323/2001, 17 December, 113/2002 of 20 April, 194/2003, of August 23 and 53/2004, 18 March, by Law No. 29/2007 of 2 August, by Decree-Law No. 324/2007 of 28 September, by Law No. 61/2008 of 31 October and by Decree-Laws nos 247-B/2008, 30 December, and 100/2009 of 11 May, and the Laws paragraphs 29/2009 of 29 June, and 103/2009, 11 September, are replaced by the following:

“Article 69. º

[…]

1. To the birth are especially annotated:

a. […];

b. […];

c. […];

d. […];

e. […];

f. […];

g. […];

h. […];

i. […];

j. […];

k. […];

l. […];

m. […];

n. […];

o. Sex change and the consequent change of proper name;

p. [Former point o)];

q. [Former point p)];

r. [Former point q)].

2. […].

3. […].

4. The facts referred to in subparagraph o) of paragraph 1 shall only be kept as:

a. At a birth registration of children over the person who changed sex at the request of those;

b. At the birth of the other spouse’s consent provided by an official statement to the registrar or authentic or authenticated.

Article 70. º

[…]

1. The seat of marriage are especially annotated:

a. […];

b. […];

c. […];

d. […];

e. […];

f. […];

g. […];

h. […];

i. Sex change of either spouse and the corresponding change of name, provided there is consent of the other spouse, provided by the official statement to the registrar or through authentic or authenticated.

2. [Revoked by Decree-Law No. 247-B/2008 of December 30].

Article 104.º

[…]

1. […].

2. Exceptions to the preceding paragraph:

a. […];

b. […];

c. […];

d. […];

e. […];

f. […];

g. The change of name resulting from the change of sex.

3. […].

4. […].

5. […].

6. […].

7. […].

8. […].

Article 123. º

[…]

1. The establishment of membership, the consequent change of name, sex change and as a result of his own name, the name of the grandparents, the full adoption and the parents’ marriage may be included in the text of the birth of which have been annotated, the verbal request of interested parties or their legal representatives, through the implementation of new birth certificate.

2. […].

3. […].

4. […].

5. [Revoked by Decree-Law No. 324/2007 of 28 September].

Article 214.º

[…]

1. […].

2. […].

3. Seats made to show that any endorsement of sex change and consequent change of name, can only be passed a full copy of certificates or photocopies of the application itself, its heirs and judicial authorities and police for the purposes of research or instruction criminal.

4. [Former paragraph 3].

5. [Former paragraph 4].

6. The judicial authorities or police and IRN, IP can always request a certified copy of any record or document, except in cases provided for in paragraph 3.

Article 217. º

[…]

1. […].

2. […].

3. […].

4. […].

5. In the case of registration canceled due to sex-change procedure is considered only interested himself, his heirs and the judicial authorities or law enforcement for investigation or prosecution. “

1 – This law applies to all applications for sex change in the registry made from its entry into force, regardless of the existence of pending litigation or court decision on the matter prior to the effective date of this law.

2 – The Portuguese state recognizes the sex change of Portuguese national people that having another nationality have already change their registered sex with the authorities of that State.

Approved on November 26^th, 2010

The President of the Assembly of the Republic, Jaime Gama.

The President of the Republic, Aníbal Cavaco Silva.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.

(with gratitude to Julia Mendes Pereira for the translation editing.)