When a transgender person dies, does the coroner fill out the death certificate under their natal sex or gender identity?
In Spain, there has generally been a push to simplify the process of legally changing your government identified gender. It no longer requires that you have medical surgery to “change” your biological gender appearance. You generally need a psychologist or psychiatrist to make a statement that you have gender dysphoria, that this condition has existed for a while and is not going away. The process has also been opened up to minors. As part of the process to get your official documents changed, you can get a legal name change including last name if I recall correctly. This process of name changing is generally otherwise next to impossible to legally do in Spain.Once the process is complete, you are identified by that gender across all your government documents. You have a full legal entitlement to be referred to as that gender, and you can lodge complaints with the government about discrimination should you be intentionally misgendered. I’ve looked around for specific documents referring to death certificates issued in Spain, and issues for trangeneros and transexuales. I just cannot find anything in any BOE that specifically addresses this narrow point. The best I can find are anti-discrimination laws related to health that says you cannot be discriminated against for any health services you request, and you’re legally entitled to all health services for your gender. (This is on top of other services that are often offered on the local government level specifically for trangenero and transexual individuals in assistance with transitioning.)Death certificates in Spain can be requested for the purposes of rectifying the sex of a deceased individual. In requesting a death certificate, gender is not a field. (And they have both mother/proginator 1, father/proginator 2 on their for the deceased person’s parents. Gender neutral and gendered for the parents.) The 2021 law that I found about sex on death certificates says the wording was changed to sex at birth, where it was originally just sex. (But this sex at birth is changed if you go through the legal process to change your registered gender is my recall.)The issue is it is unclear how many people have taken advantage of this and how many have not. An ein 2021 put the number of people going through the process at around 3,000 but that many more were likely to have gender dysphoria but have taken no steps to address this through channels. There were 800 people in Madrid in 2021 who took advantage of the law to seek to get their gender changed on their government ID. Spanish sources appear to indicate that around only a third of transgender individuals are out. Many fear getting the legal name and gender change and perceived finality of the decision as it relates to transphobia and legality of being your identified gender: there is no backing out at that point.This gray zone area is not adequately addressed to explain fully the legal consequence for the gender on a death certificate of someone who has not started going through the transition process for whatever reason. I am under the cultural impression that the death certificate holds less cultural and legal significance in Spain than in a place like USA, which may explain the lack of info.