In 1979, Formosa added Article 98 to its Code of Misdemeanours which criminalised people from publicly or in a private place with transcendence to the public "offering to perform sexual, perverse or homosexual acts, or inciting the public to perform them" with five to thirty days imprisonment, criminalising homosexual expression.

Additionally, Article 99 criminalised people who "dress or pass themselves off as a person of the opposite sex" with three to fifteen days imprisonment, criminalising trans expression.

Both articles would be repealed in 2012.

Before 2012, trans people were required to undergo surgery to achieve legal gender recognition in Argentina. However, it wasn't until 1997 when the federal government provided legal recognition to a trans woman after previous requests for recognition were rejected by courts.

Decree 62/2025 signed by President Javier Milei, in force since February 7, 2025, replaced article 11 of Law No. 26,743 on Gender Identity, with the following:

ARTICLE 11.- Right to free personal development. All persons over EIGHTEEN (18) years of age may, in accordance with article 1 of this law and in order to guarantee the enjoyment of their comprehensive health, access total and partial surgical interventions and/or comprehensive hormonal treatments to adapt their body, including their genitalia, to their self-perceived gender identity, without the need to request judicial or administrative authorization.

To access comprehensive hormonal treatments, it will not be necessary to prove the will in the surgical intervention of total or partial genital reassignment. In both cases, only the informed consent of the person will be required.

The public health system's effectors, whether state, private or part of the social security subsystem, must permanently guarantee the rights recognized by this law.

All health benefits contemplated in this article are included in the Mandatory Medical Plan, or the one that replaces it, as regulated by the implementing authority.

Persons under EIGHTEEN (18) years of age will not be able to access the interventions and treatments referred to in this article.

With the gender identity law passed in 2012, Argentina established access to gender affirming care as a right of transgender people.

In 2007 a judge ruled that minors could consent to GAC but the scope and availability of the process was unclear.

Medical transition is not possible as sterilisation was banned until 2006 under Article 19 of Law No. 17,132 in 1967 which explicitly prohibits medical professionals to not carry out surgical interventions that modify the sex of the patient.