Trans and non-binary rights, legal gender change and care in Spain

Key rules

• No medical proof: You need no diagnosis, hormones or surgery to change your legal sex.
• Foreigners: You must show you cannot change your legal sex at home, or that trying would put you at risk.
• Registry entry: The registry can only correct an entry it has competence over, such as a Spanish birth entry.
• Care: Public gender-affirming care runs through your region, usually starting with a GP referral.

You can change your legal sex by declaration

Spain lets you change your legal sex by a simple declaration at the Registro Civil. You do not need a medical report, a diagnosis, hormone treatment or surgery. The law has applied since 2 March 2023. You can also ask for a new name in the same request. The steps are in the process below.

Age bands

The age limits are set out in the rules: you can change your legal sex by simple declaration from age 16, with your parents' assistance at 14-15, and with a court's approval at 12-13; under 12 only the name can change.

At 14-15, if your parents disagree or have a conflict of interest, a judicial defender is appointed to assist you. People whose legal capacity is limited may need a judge involved.

If you are a foreigner

Spanish nationals can apply, including those living abroad through a consulate. Foreign residents can apply too, but only if they cannot change their legal sex in their country of origin, or if trying there would put them at risk. You must show this.

The registry can only correct an entry it has competence over, for example a Spanish birth entry. If you have no Spanish registry entry, the change generally has to be reflected in your own country's records too. For your Spanish identity documents, such as your NIE, it works from proof of residence and your home-country situation.

Because the details for foreigners are complicated, confirm your case with the competent Registro Civil before you file. The documents list and checklist below show what to gather.

Gender-affirming care on public health

Public health covers gender-affirming care: endocrine treatment, surgery, mental health support and speech therapy. Each region runs its own service, so waiting times and models differ widely. Some regions have specialised trans units. Others refer you elsewhere.

Start with your GP and ask for a referral to your region's trans unit or to endocrinology. Some regions allow self-referral without a psychiatric diagnosis, so ask your regional health service. You need public health coverage to use this route.

Changing your legal sex and name at the civil registry (Registro Civil)

• Gather your documents: the registry's request form, your ID (DNI, or NIE or passport if you are a foreigner), and proof of address if the office asks. Add the extra papers for your age group. No medical or psychological report is needed: before you start

• If you are 14-15, bring your parents' or representatives' assistance and their ID. If you are 12-13, get a court order first. If you are a foreigner, you may need proof that you cannot change sex in your home country: before you file, if this applies to you

• Choose the office. Any Registro Civil office can receive your request and pass it on to the competent one, which is the registry of your home address or where your birth is registered. Spaniards abroad can file at the Spanish consulate: before you file

• File your request, saying your registered sex does not match your gender identity. Add your new name in the same request if you want one; it must not be confusing or contrary to dignity. Part of the filing may be possible online, depending on the office: at the start of the procedure

• The registry officer informs you and sets the date to confirm your request: after you file

• Wait through the reflection period. There is a three-month wait between your first request and confirming it in person: three months after your first request

• Go in person to ratify (confirm) your request: on the date set, after the three-month wait

• If you do not attend, the request is treated as withdrawn and the file is closed. Submit a new request when you are ready: if you miss the ratification

• Wait for the officer's decision: within three months of ratification

• The registry records the new sex and name in your birth entry and issues a new certificate. The change counts from that entry: once the decision is made

• Update your DNI at a National Police station, with an appointment and the new registry certificate, then your passport at the same offices: after you get the new certificate

• Update social security, health card (with your regional health service), bank, employer, school, driving licence and tax records. Earlier documents can be changed without revealing your earlier identity: after your DNI is updated

Documents you need

• Your NIE, the foreigner identity number, as proof of your identity and residence in Spain.

• Proof of residence in Spain, needed for the change to carry over to your Spanish identity documents if you are a foreigner without a Spanish registry entry.

• Proof that you cannot change your legal sex in your country of origin, or that trying there would put you at risk.

Checklist

• Check whether you have a Spanish registry entry, such as a Spanish birth entry, because the registry can only rectify entries it is competent for.

• Find out whether you can change your legal sex in your country of origin, and gather proof if you cannot or if it would put you at risk.

• Ask your regional health service whether self-referral is possible and what the waiting time is.

Frequently asked questions

Can I change my legal sex in Spain if I am a foreigner?

Yes, foreigners can request it if they cannot make the change in their country of origin, or if doing so there would put them at risk, and you must show this. The registry can only rectify an entry if Spanish registry competence exists, for example a Spanish birth entry.

Does a change of legal sex work for my NIE if I have no Spanish registry entry?

Yes, it can work for your Spanish identity documents such as the NIE, based on proof of residence and your home-country situation. Without a Spanish entry, the change generally also needs to be reflected in your own country's records.

How do I get gender-affirming care on the public health system?

You usually start with a referral from your GP to a regional trans unit or to endocrinology. Care covers hormone treatment, surgery, mental health support and speech therapy. Some regions allow self-referral without a psychiatric diagnosis, and waiting times differ widely between regions.