GENDER IDENTITY

Law 26,743

Establish the right to people's gender identity. Sanctioned: May 9, 2012 Enacted: May 23, 2012

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-Right to gender identity. Everyone has the right: (a) recognition of their gender identity; (b) the free development of their gender in accordance with their gender identity; (c) to be treated in accordance with their gender identity and, in particular, to be identified in this manner; the instruments that credit their identity with respect to the name/s of the stack, image and sex with which it is registered.

ARTICLE 2 °-Definition. Gender identity is understood to be the internal and individual experience of the gender as each person feels, which may or may not correspond to the sex assigned to the moment of birth, including the personal experience of the body. This may involve the modification of appearance or body function through pharmacological, surgical or other means, provided that this is freely chosen. It also includes other gender expressions, such as clothing, speech mode and manners.

ARTICLE 3-Exercise. Any person may request the registration of the sex, and the change of the name of the stack and image, when they do not coincide with their identity of self-perceived gender.

ARTICLE 4-Requirements. Any person applying for the registration of the sex, the change in the name of the stack and the image, under this law, must observe the following requirements: 1. Credit the minimum age of eighteen (18) years of age, with the exception of established in Article 5 of this Law. 2. To submit to the National Register of Persons or their corresponding sectional offices, a request to be covered by this law, requiring the registration of the birth certificate and the new one. national identity document, the original number being retained. 3. To express the new name of the chosen stack with which you request to register. In no case will it be necessary to prove surgical intervention by total or partial genital reassignment, nor to accredit hormonal therapies or other psychological or medical treatment.

https://www.boletinoficial.gob.ar/pdf/linkQR/RXpzM0ZsZjlVMjFycmZ0RFhoUThyQT09

Page 1

ARTICLE 5 °-Minor persons. In relation to persons under eighteen (18) years of age, the application for the procedure referred to in Article 4 must be made through their legal representatives and with the express agreement of the child, taking into account the principles of progressive capacity and superior interest of the child in accordance with the provisions of the Convention on the Rights of the Child and Law 26,061 on the integral protection of the rights of girls, boys and adolescents. Similarly, the child shall be assisted by the child's lawyer as provided for in Article 27 of Law 26.061. If, for any reason, it is impossible to obtain the consent of any of the legal representatives of the minor, it may be possible to use the sumarisima route for the corresponding judges to resolve, taking into account the principles of progressive capacity and the best interests of the child in accordance with the provisions of the Convention on the Rights of the Child and Law 26,061 on the integral protection of the rights of girls, boys and adolescents.

ARTICLE 6-Processing. If the conditions laid down in Articles 4 and 5 are met, the public officer shall, without any judicial or administrative procedure, proceed to notify of its own motion the rectification of the sex and the change of the name of the stack to the Civil Registry of the jurisdiction in which the birth certificate was established so that it may issue a new birth certificate in accordance with those changes, and issue a new national identity document reflecting the registration of the sex and the new stack name. Any reference to this law shall be prohibited in the corrected birth certificate and in the national identity document issued pursuant to it. The procedures for the correction of registration provided for in this law are free, personal and will not be necessary the intermediation of any manager or lawyer.

ARTICLE 7 °-Effects. The effects of the rectification of the sex and the name/s of the stack, made under this law will be oponable to third parties from the moment of their registration in the registry/s. The rectification shall not alter the ownership of the legal rights and obligations that may correspond to the person prior to the registration of the registration, nor those arising from the relations of the right of family in all their orders and grades, which will remain unchanged, including adoption. In all cases the national identity card number of the person, by the name of the person or the morphological appearance of the person, will be relevant.

ARTICLE 8 °-The rectification of the registration as the present law, once realized, can only be modified again with judicial authorization.

ARTICLE 9 °-Confidentiality. Only those who have the authorization of the holder of the same or with a written and established judicial order shall have access to the original birth certificate. No publicity shall be given to the rectification of sex and change of the name of the stack in any case, except authorization of the holder of the data. The publication in the newspapers referred to in Article 17 of Law 18.248 shall be omitted.

ARTICLE 10. -Notifications. The National Registry of Persons shall inform the change of the national identity document to the National Register of recidivism, to the Secretariat of the Electoral Registry corresponding to the correction of the electoral roll and to the agencies that be determined, including those who may have information about

https://www.boletinoficial.gob.ar/pdf/linkQR/RXpzM0ZsZjlVMjFycmZ0RFhoUThyQT09

Page 2

existing precautionary measures in the name of the data subject.

ARTICLE 11. -Right to free personal development. All persons over eighteen (18) years of age may, in accordance with Article 1 of this Law and in order to ensure the enjoyment of their integral health, access total and partial surgical interventions and/or comprehensive treatments. The invention also includes a hormone for adapting the body, including its genitality, to its self-perceived gender identity, without requiring judicial or administrative authorization. For access to integral hormonal treatments, it will not be necessary to prove the will in the surgical intervention of total or partial genital reassignment. In both cases, only the informed consent of the person will be required. In the case of persons under age, the principles and requirements laid down in Article 5 ° for obtaining informed consent shall apply. Without prejudice to this, in the case of obtaining the same in respect of total or partial surgical intervention, the competent judicial authority of each jurisdiction shall also have the conformity of the competent judicial authority. the principles of progressive capacity and superior interest of the child in accordance with the provisions of the Convention on the Rights of the Child and Law 26,061 of integral protection of the rights of girls, boys and adolescents. The judicial authority shall be issued within a period of not more than 60 days from the application for compliance. The effectors of the public health system, whether state, private or the social works subsystem, must guarantee in a permanent manner the rights that this law recognizes. All the health benefits referred to in this Article are included in the Mandatory Medical Plan, or the one that replaces it, as regulated by the implementing authority.

ARTICLE 12. -dignified treatment. The gender identity adopted by persons, in particular by girls, boys and adolescents, should be respected, using a different name than that entered in their national identity card. At its sole request, the given name must be used for the summons, registration, legwork, appeal and any other management or service, both in public and private areas. Where the nature of the management makes it necessary to record the data in the national identity document, a system combining the initials of the name, the full name, day and year of birth and document number shall be used and shall be add the name of the chosen stack for reasons of gender identity at the request of the data subject. In those circumstances where the person is to be appointed in public, only the name of the first choice which respects the gender identity adopted shall be used.

ARTICLE 13. -Application. Any rule, regulation or procedure shall respect the human right to the gender identity of persons. No rules, regulations or procedures may limit, restrict, exclude or suppress the exercise of the right to the gender identity of persons, and the rules should always be interpreted and applied in favour of access to it.

ARTICLE 14. -repeal Article 19 (4) of Law 17.132.

ARTICLE 15. -Contact the National Executive Branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE NINE DAYS OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26,743-AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

https://www.boletinoficial.gob.ar/pdf/linkQR/RXpzM0ZsZjlVMjFycmZ0RFhoUThyQT09

Page 3

Date of publication: 24/05/2012

https://www.boletinoficial.gob.ar/pdf/linkQR/RXpzM0ZsZjlVMjFycmZ0RFhoUThyQT09

Page 4