Cuba passes law allowing legal gender change without surgery requirement

The Cuban government has passed a law allowing trans people to change the gender on their ID without having gender-affirming surgeries.

The Cuba flag flying off the side of a building.
Image: Matthias Oben via Pexels

A law approved earlier this month allows trans people in Cuba to change the gender on their ID without having to show proof of undergoing gender-affirming surgeries. The National Assembly of People’s Power approved the change on July 18, amending the national civil registry and allowing residents to change the gender marker on their identification cards. The law also makes an effort to digitise records in the national civil registry, and grants legal recognition of common law partnership.

While some have denounced the move, including the Cuban Roman Catholic Church, many government officials have praised the law. 

Minister of Justice Oscar Silvera Martínez took to X, formerly known as Twitter, to praise the law. He said it “will allow the country to have a modern civil registry,” including “the issuance of digital documents with full validity and efficiency”. He did also praise the law for allowing Cuba to incorporate AI into government systems.

 

In 2008, Cuba made it legal for trans people to change their gender; however, it required trans individuals to present four documents of proof that they had received medical treatment and gender-affirming surgery, specifically bottom surgery. 

However, the resources for trans healthcare are limited. Teen Vogue reports that despite a resolution that made Cuba the first Latin American country to fully fund gender-affirming surgeries, doctors in the country aren’t able to access medical supplies for their patients due to US sanctions and embargos. 

The new law marks one of the largest changes to LGBTQ+ legislation in Cuba since 2022, when citizens voted and approved a broad family law code. This allowed same-sex marriage and other rights for queer couples, including the right to adopt children. 

At the time, Minister of Foreign Affairs Bruno Rodríguez Parrilla welcomed the family code, saying, “Our people opted for a revolutionary, uplifting law that drives us to achieve social justice for which we work every day. Today, we are a better country with more rights.”

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