(Santiago, January 13th, 2020) The 2nd Family Court of Santiago issued a historic judgement by permitting Mathew, a trans teenager, to change his name through the Gender Identity Law that came into effect last December 27th, 2019.
The magistrate Macarena Rebolledo, based on the manifestation of the will of the teenager to have documents that matches his gender identity, said:” There are no reasons, from normative backgrounds to scientists, to be unaware of the right to gender identity of children and teenagers. They are not just the owners of the right to gender identity, but they can and must exercise it with no more limitations than the ones that limit their own autonomy and development of their life trajectory. It is imperative to the State and its powers, as well as for every mother, father, or responsible adult, to watch over the superior interest accomplishing all the proper guarantees and safeguard.” Thus, immediately -as the law permits- the judge determined to justify the judgement and command the change of registral name and sex in compliance with the law 21.120.
Franco Fuica, coordinator of the Legislation Unit and Public Policies of OTD Chile, accompanied the family in this process and talked about the importance of this judgement since it represents a milestone for Mathew, who will have his documents according to his identity, and also to the trans community in Chile. However, there is still trans children missing, who are not included in this law.
