Legal Framework
Law No. 38/2018 – Establishes the right to self-determination of gender identity and gender expression and protects sexual characteristics.
Competent Authority
Civil Registry Offices (any office in the country)
Requirements
For adults (18+):
– Portuguese nationality
– Not legally incompetent due to mental disorder
– No medical procedures or evidence required
– No requirement for surgery, sterilization, hormonal therapy, or psychological/psychiatric treatment
For minors (16-17):
– Application through legal representatives
– Face-to-face hearing to confirm express, free, and informed consent
– Report from doctor or psychologist confirming decision-making capacity
For intersex persons:
– Can request change as soon as gender identity manifests
Procedure
1. Application submission:
– Specify desired first name
– Process is confidential (except for legal/police purposes)
2. Timeline:
– Decision within 8 working days
– 30 days to update identification documents after registration
– Previous legal rights and obligations remain unchanged
Decision Type
Administrative decision:
– Can be appealed to the President of the Institute of Registries and Notaries
– Appeals possible for unfavorable decisions or missed deadlines