Current Version
| Region | Peru |
| Issue | Right to change legal gender |
| Status | Legal, but requires medical diagnosis |
| Start Date | Oct 16, 2016 |
| End Date | (none) |
| Description | According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements. In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending. In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending. Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA) |
| Sources | https://database.ilga.org/peru-lgbti https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ |
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Revision History (10)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | Legal, no restrictions | Legal, but requires medical diagnosis |
| Start Date | Oct 15, 2016 | Oct 16, 2016 |
| Description | Since 2016. Missing non binary options. | According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements. In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending. In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending. Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA) |
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| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ | https://database.ilga.org/peru-lgbti https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ |
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| Old Value | New Value | |
|---|---|---|
| End Date | Sep 7, 2018 | (none) |
| Sources | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ https://www.asherfergusson.com/lgbtq-travel-safety/ |
Show Difference | ||
Reports (3)
- Newer law has been passed "No se puede cambiar el género sin haberte hecho una cirugía y es muy difícil, se tiene que hacer un juicio y conlleva un gasto."
- Other "Right to change legal gender exists but the RENIEC (National Registry) refuses to change legal gender to transgender people."
- Other "The process of changing gender in documents can last 6 years or more, is expensive and is subject to legal loopholes"
| Old Value | New Value | |
|---|---|---|
| Value | Illegal | Legal, no restrictions |
| End Date | Jun 24, 2018 | Jul 7, 2018 |
| Description | Not possible to change documents. Surgery is legal. Legalization pending. | Since 2016. Missing non binary options. |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| End Date | Jun 13, 2018 | Jun 24, 2018 |
| Description | Not possible to change documents. Surgery is legal. | Not possible to change documents. Surgery is legal. Legalization pending. |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, no restrictions | Illegal |
| End Date | Oct 13, 2017 | Feb 26, 2018 |
| Description | Judicial permission Required. | Not possible to change documents. Surgery is legal. |
| Sources | http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html | https://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/ |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal, but requires surgery | Legal, no restrictions |
| End Date | Sep 6, 2017 | Oct 13, 2017 |
| Description | Requires sterilization | Judicial permission Required. |
| Sources | transrespect.org | http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html |
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| Old Value (Original) | New Value | |
|---|---|---|
| Start Date | (unknown) | Oct 15, 2016 |
| End Date | Oct 15, 2016 | Sep 6, 2017 |