Exactly the same day that the Council of Ministers approved the Trans Law project, which allows the change of sex in the registry without a medical or psychological report from the age of 12 with conditions and from the age of 16 autonomously, María José Rodríguez celebrated openly the “new” judicial “victory” that his family has just won. A judge from Orense recognized the sex registration rectification in the birth certificate of her son Alejandro with two important novelties, his young age, eight years; and without the need to provide any medical report.

In a conversation with EL MUNDO, María José does not hide her joy, completing a process that her son began “since he began to speak”, since “he already spoke in the first person in the masculine”. Already then, “they asked her in the park: what are you, a boy or a girl? And she said that a boy”. Those first years they lived with total normality and, behind closed doors, they always respected the identity of the minor and, at the age of five, they began to promote that recognition behind closed doors, with the rest of society.

They did it at that time because it was “when he asked for it”. “There comes a time when socially he also needs to be read as a child, he needs to be treated as masculine by his environment,” recalls his mother and, as a result of that demand by the child himself, they decided “to take that social step ” and change the name on the DNI and on the health card. From there, “everywhere he began to be Alexander.”

Three years later, at the age of eight, they have also managed to “rectify” the Civil Registry record, which will now reflect their identity as a man and not as a woman following an order by the Orense Civil Registry judge Darío Carpio Estévez Pérez. The road has been arduous because in September of last year a first order denied the request, but, after appealing to the General Directorate of Legal Security and Public Faith, they have achieved this recognition.

An important novelty is the young age of the child and another is the absence of reports. The family did not want to contribute them because they consider that “self-determination has to be depathologizing” and “a psychology specialist does not have to mark what a person is” and shows their joy at the content of this judge’s order, since “he considered that the self-determination is a fundamental right of people and that this must take precedence over any norm”.

“Identity is a fundamental right of all people and you do not need any medical report to reach that conclusion,” points out Maria José, who sees in this order “an enormous advance for all the people who believe that identity should be depathologized. , which is not a mental illness. It is, in fact, in her opinion, “a very big advance that is even ahead of the law” that is now being processed, that she does not recognize this right until she is 12 years old.

Given that the family did not provide any information, the judge could have rejected the request, but he did not, “since he did not have a report, he took refuge in Alejandro’s sufficient maturity and stable situation of transsexuality”, highlights his mother, who with this ruling sees, in part, “rewarding the headaches, the questioning by society” and also recognizing a right of every person, because “no one questions me, as a woman, and I don’t have to show it to anyone “.

He recalls the ordeal suffered by many trans people because “that a person has to continually prove who they are, is mentally exhausting and they suffer violence administratively speaking.” In his case, they have not suffered “any problem”, beyond “anecdotal things of people who are reluctant to change certain things”, but he does recognize that there are many families who live from problem to problem.

Alejandro’s situation has been very different and they have never had “any problem” at school. In fact, he states that “at school and with the students is where he had the fewest problems.” To give an example, from the first moment, his son wore pants in the school uniform and, when at the age of five, he changed his name on his DNI, his classmates also began to call him Alejandro “with total normal”.

At home “we never questioned him, we never contradicted him in that sense”, because “we were not worried either because he was happy” and at school he also lived in a “favorable” environment that the judge himself reflects in his car. “He himself was experiencing his identity,” says his mother and everyone has followed the rhythm that the child has been setting. At the age of five he “verbally requested that he wanted to be treated like a child” and “we said it quite naturally.”

Feeling fortunate for this good environment that has always surrounded her son, this mother also affirms without a doubt that in the most controversial cases, the problem is not with the ‘trans’ child but with the society that does not accept him and “if the environment generates violence or does not accompany, it is time to change friendships.

In families, ‘trans’ children can also find difficulties. “There are families that reject and families that take longer to understand and families that do not have the necessary tools to face this,” recalls María José. For those cases, she remembers the help provided by specialized associations.

In her case, she is advised by the Euforia Familias Trans-Aliadas association and is grateful, feeling supported, “you have more empowerment” and information and training that help to face the process both with the child himself and at an administrative level. “Being in the association that guides you and helps you, provides you with these tools to be able to demand your rights.”

Judges like the one who just agreed with them also help, because “he considered that self-determination is a fundamental right of people and that this should prevail over any norm” and will help pave the way.

Conforms to The Trust Project criteria