The Supreme Court of Justice of the Nation (SCJN) has ruled that it is unconstitutional to require individuals to be of legal age to request a gender change in their birth certificate in the states of Baja California and Sonora, Mexico. This decision allows transgender children and adolescents to correct their birth certificates according to their gender identity.

Miguel Ángel Mora Marrufo, president of the State Commission on Human Rights (CEDH), announced that the SCJN issued a statement this week regarding this determination. The CEDH filed an action of unconstitutionality against the Civil Code of Baja California, which mandated legal age as a requirement for requesting a change in gender identity.

The commission argued that this provision affects the free development of personality and the legal certainty of children and adolescents. They requested the invalidation of this requirement and instructed the Congress of Baja California to rectify the procedure.

The action, supported by the CEDH of Sonora, was admitted by the SCJN, resulting in the court instructing the State Congress to modify the Civil Code within a 12-month period to align with the interpretations of the SCJN. Furthermore, it was stipulated that during this period, a rectification process should take place in cases where gender changes were denied in the birth certificates of minors. The CEDH has three complaints related to this issue.

This decision by the SCJN represents a significant advancement in recognizing the rights of transgender individuals, ensuring their gender identity from an early age, and protecting their free development as individuals. It is expected that this determination will set a precedent for future similar cases in other states of Mexico.