American Expatriate Costa Rica

LGTBI people may choose name according to their gender identity

The Supreme Electoral Tribunal (TSE) reported on the first measures approved in the framework of the Consultative Opinion of the Inter-American Court of Human Rights, which seeks to ensure recognition of the identity of transgender people and the validity of same-sex marriage.

The first decision of the magistrates is that it will be possible to have a name change, which will be regulated by gender identity according to the self-perception of the person requesting the document to the Civil Registry. This also contemplates that the process does not require the publication of edicts and that it be free.

In addition, the TSE reported that in order to avoid stigmatizing effects, the indication of the birth sex will be eliminated in all identity cards. This measure will be enforced the day after its publication in the Official Gazette.

On the other hand, regarding equal marriage, the TSE indicated that their task is to register such unions, but not to dictate the guidelines that must be met so that people can marry. Therefore, before approving the registration of said unions, the magistrates indicated that it is necessary to reform article 14.6 of the Family Code. This article establishes, in paragraph six, that same sex marriage is legally impossible.

In Costa Rica, the Consultative Opinion of the IDH Court was announced on January 9th 2018. The Government, at that time, said that it would abide by the report in all its scope.

crhoy.com