Law will allow easier gender identity change for children 12 and over in Oaxaca

October 6, 2021

oaxaca congress — More than two-thirds of Oaxaca lawmakers voted in favor of the bill.

The Congress of Oaxaca has passed a law that streamlines the process for children aged 12 and over to change their gender identity, as long as they have the consent of their parents or legal guardians.

More than two-thirds of lawmakers voted in favor of changing the southern state’s civil code to give minors the freedom to decide whether they want to be identified as a boy, girl or non-binary without having to go to court.

The new law is expected to be promulgated Thursday via publication in Oaxaca’s official gazette.

After promulgation, adolescents will be able to legally change their gender via a short administrative process at civil registry offices. Officials at those offices will be required to confirm a child’s desire to change his or her gender and ensure that the child knows the ramifications of the decision.

Children who don’t have the consent of their parents or legal guardians can seek the assistance of the Oaxaca State Prosecutor’s Office for the Protection of Child and Adolescent Rights.

As things currently stand, children in Oaxaca who wish to change their gender identity have to file an application with a court and appear with a parent or guardian before a judge.

The only state where children can currently change the sex on their birth certificate via a quick formality at a government office is Mexico City. The city government published a decree in August to legalize the process, almost two years after a proposal to that end was discussed and found support among lawmakers in two congressional committees.