Everything you need to know, whether you’re Spanish or a Foreign National resident in Spain
The legal recognition of transgender individuals as their chosen gender varies across the globe. In some countries the jurisdictions recognise the position of transgender persons provided that they have a medical report to support their contention, others require the individual to have undertaken hormone treatment and in others self-certification is accepted.
In the United Kingdom there is a potential clash of law in that England and Wales the Gender Recognition Act 2004 is accepted in this regard except in Scotland where he Scottish Government proposing reforms to simplify the process for obtaining a Gender Recognition Certificate (GRC). These reforms, outlined in the Gender Recognition Reform (Scotland) Bill. For the time being, however, this reform has been stalled.
Spain continues to be one of the most progressive countries in Europe in terms of recognising the rights of minority groups such as transgender individuals. Since the entry into force of Law 4/2023 on the real and effective equality of transgender people and the guarantee of LGBT+ rights, it is now possible to legally change your registered gender and name at the Civil Registry without requiring medical reports, hormone treatment or surgery. This law extends to foreign nationals who have made Spain their permanent domicile.
In this guide, we explain how the process works, what requirements you need to meet and how Gay Lawyers, Giambrone & Partners’ LGBT division, can assist you regardless of whether you are a Spanish citizen or a foreign national residing in Spain.
Since March 2023, the law recognises the right to gender self-determination. This means:
No medical transition or psychological assessment is required.
The application must be submitted to the Civil Registry of the place where you are registered (empadronado). The procedure involves two steps:
First appearance:
Second appearance (after three months):
Final resolution is issued by the Registry
The procedure is free of charge and is usually completed within a few months, depending on the Registry’s workload.
Yes. Foreign nationals residing in Spain, including EU citizens, can request a legal gender change if they meet certain requirements:
An applicant must:
This is especially helpful for aligning your Spanish documents with your gender identity for work, education, healthcare or administrative purposes.
Once the process is completed, you can request:
Note: The change applies within Spain only and does not automatically update documents issued by your country of origin.
At Giambrone & Partners’ LGBT division, Gay Lawyers, we provide full legal support for transgender individuals wishing to legally change their gender in Spain. We assist with:
We work with respect, discretion, and empathy, understanding that this is not just a legal process but a vital affirmation of your identity.
Ready to make your gender identity legally recognised in Spain?
Contact us, we’ll support you every step of the way. Your identity deserves to be recognised.
