We have previously commented on how at CELIG we have successfully taken legal steps to protect the gender identity of our clients. One of such steps is to change the name on property deeds in the Public Registry when a person has modified their name to be consistent with their self-perceived gender.
Principle 3 of the Yogyakarta Principles protects the right to legal personality of LGBTQI+ people and to such end establishes several obligations upon States, among which is “Ensure that changes to identity documents will be recognised in all contexts where the identification or disaggregation of persons by gender is required by law or policy”.
It is very likely that a trans person who has recently changed his/her name to be consistent with self-perceived gender in the Civil Registry will have to take additional steps so that all the documents that he/she has previously registered and that have legal significance reflect his/her new name. For example, if the person has acquired vehicles or properties and these are registered in the Public Registry, it is necessary to file for name change so that property deeds reflect the owner’s self-perceived gender. Otherwise, it is likely that any mortgage or sale will face legal hurdles.
At CELIG we have carried out these procedures. The procedure is called rectificación de calidades and it is done in a public deed, which requires a Notary Public. This procedure can take about 3 days under normal circumstances and so far, it has been expeditious. The interested party must have his/her new name in his/her ID in order to make this filing.
At CELIG we provide specialized services to the LGBTQI+ community. If you want more information or make an appointment with us, call us at 4800-0248 or write to us at info@celigcr.com.
We are located in San José, Barrio Escalante.
M.Sc. Ana Isabel Sibaja Rojas
CELIG – Center for Equal Litigation
