Entry #5077: Right to change legal gender in Peru

Current Version

RegionPeru
IssueRight to change legal gender
StatusLegal, but requires medical diagnosis
Start DateOct 16, 2016
End Datenow
DescriptionAccording 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)
Sourceshttps://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/


Revision History (9)

Revision by Nathan. Improvements

Old Value New Value (Current)
ValueLegal, no restrictionsLegal, but requires medical diagnosis
Start DateOct 15, 2016Oct 16, 2016
NoteSince 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)
Show Difference
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)
Sourceshttps://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/
Show Difference
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/

Revision by Guy

Old Value New Value
End DateSep 7, 2018(NONE)
Sourceshttps://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
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/
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"

Revision by Ausyk

Old Value New Value
End DateJul 7, 2018Sep 7, 2018

Revision by Ausyk

Old Value New Value
ValueIllegalLegal, no restrictions
End DateJun 24, 2018Jul 7, 2018
NoteNot possible to change documents. Surgery is legal. Legalization pending.Since 2016. Missing non binary options.
Show Difference
Not possible to change documents. Surgery is legal. Legalization pending. Since 2016. Missing non binary options.

Revision by Ausyk

Old Value New Value
End DateJun 13, 2018Jun 24, 2018
NoteNot possible to change documents. Surgery is legal.Not possible to change documents. Surgery is legal. Legalization pending.
Show Difference
Not possible to change documents. Surgery is legal. Legalization pending.

Revision by Ausyk

Old Value New Value
End DateFeb 26, 2018Jun 13, 2018

Revision by Ausyk

Old Value New Value
ValueLegal, no restrictionsIllegal
End DateOct 13, 2017Feb 26, 2018
NoteJudicial permission Required.Not possible to change documents. Surgery is legal.
Show Difference
Judicial permission Required. Not possible to change documents. Surgery is legal.
Sourceshttp://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.htmlhttps://www.nationalgeographic.com/magazine/2017/01/gender-identity-map-where-you-can-change-your-gender-on-legal-documents/
Show Difference
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/

Revision by Ausyk

Old Value New Value
ValueLegal, but requires surgeryLegal, no restrictions
End DateSep 6, 2017Oct 13, 2017
NoteRequires sterilization Judicial permission Required.
Show Difference
Requires sterilization Judicial permission Required.
Sourcestransrespect.org http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html
Show Difference
transrespect.org http://www.streetsoflima.com/2012/04/discount-sexual-reassignment-surgery-in.html

Revision by Ausyk

Old Value (Original) New Value
Start Date(NONE)Oct 15, 2016
End DateOct 15, 2016Sep 6, 2017

Ausyk created this entry.