- The National Police allows the rectification of name and gender in the documents issued to foreign individuals.
- The protocol covers both changes already made in the country of origin and cases where they are impossible there.
- The measure applies the Law 4/2023 and has been operational since July 14, 2026.
The trans migrant documents can reflect in Spain the name and gender of their holders since July 14, 2026. The National Police applies a protocol that allows the request for rectification in foreign documentation, even when the registration change cannot be legally or factually made in the country of origin.
A protocol that turns a legal right into a procedure
The resolution, signed by the Director General of the Police, Francisco Pardo, was published in the General Order of the Police on July 13. The Ministry of the Interior explained that the procedure develops Law 4/2023, of February 28, for the real and effective equality of trans individuals and the guarantee of LGTBI rights.
Article 50 of that law already recognized the right of foreign individuals for the documents issued in Spain to incorporate the rectification of gender and name. However, there was a lack of a police mechanism that established how to exercise it when the authorities of the country of origin do not allow the change.
This gap had an immediate consequence: a person could live in Spain according to their identity and, at the same time, be forced to show documents with data that did not represent them. The new protocol establishes a specific administrative pathway to resolve that discrepancy within the documentation issued by the National Police.
The scope is broad. The Interior lists the Foreigner Identity Card in all its modalities, the Certificate of Registration of European Union Citizens, the Registration Card of Undocumented Foreigners, and the Travel Document of Undocumented Individuals.
It also includes the registration receipts and formalization of international protection, the documents of those requesting international protection or the recognition of statelessness, and the certificates of resident and non-resident. Therefore, it is not just a single card, but documentation used in very different administrative situations.
Two paths depending on the situation of the country of origin
The protocol distinguishes two scenarios. When the person has already rectified the data in their country of origin, they must present a valid passport or travel document that certifies the change, along with the Spanish document whose update they are requesting.
The second scenario responds to the problem that motivated the measure: that the change is not possible in the country of nationality. In that case, the Immigration and Borders Brigade will request a report from the Ministry of Foreign Affairs, European Union and Cooperation on the legal or factual impossibility of making the rectification.
If that report confirms the impossibility, the data in the Central Register of Foreigners is modified and the new document is issued. The system does not thus require the person to provide a foreign registration change that may precisely be beyond their reach.
This distinction avoids mixing different legal situations. Those who already have rectified documentation certify that fact; those who cannot obtain it activate an institutional verification between the Interior and Foreign Affairs. The declared objective is to facilitate the processing for both the applicants and the administrative units.
The procedure is limited to the documents issued by the Spanish administration. It does not modify the civil registry or the passport issued by another state. Its practical effect is that the Spanish foreign documentation can be consistent with the rights recognized by national legislation.
The ruling that accelerated the administrative response
The resolution cites as support the ruling 181/2026, of June 5, from the Administrative Litigation Section of the Madrid Court of First Instance, plaza number 17. The ruling forced the Administration to attend to the request of a foreign citizen who could not make the registration change of gender in their country of origin.
The Minister of the Interior, Fernando Grande-Marlaska, announced the protocol on June 23 during an intervention in the Senate. He was responding to the senator from Más Madrid, Carla Antonelli, who had raised the difficulties faced by trans migrants to make effective the right provided for in the law.
The Interior then recognized the limitations of the previous system and committed to urgently promote a new mechanism. The publication occurred within the announced timeframe: the first half of July, with requests accepted from the 14th.
The sequence shows how a legal provision needed administrative development and, moreover, the impetus of a judicial case to function effectively. Recognizing a right in a law is not enough if the person does not know where to request it, what documents to provide, or which authority must resolve.
Why the change matters in daily life
Documentation is necessary to interact with administrations, prove residency, travel when appropriate, and carry out numerous procedures. When the name or gender mention does not match the identity of a trans person, each document check can expose private information or create obstacles.
The new framework does not eliminate all the difficulties faced by trans migrants, but it resolves a defined administrative problem: the absolute dependence on a country of origin that does not recognize the change. Spain now assumes the verification of that impossibility and allows action on the documents that are under its competence.
The measure is also particularly relevant for those requesting international protection or statelessness, because their receipts and accreditations are expressly listed among the updatable documents. The inclusion prevents the right from being restricted to those who already have a specific residency situation.
The progress will now need to be measured by its homogeneous application. The Immigration and Borders units have a common instruction, but the real utility will depend on whether the information is accessible, the reports are processed without undue delays, and individuals know what documentation they can rectify.
