On March 31, 2026, the Common Court of Justice confirmed a decision permitting an Aruban transgender man to change the gender indication on his birth certificate from female to male. The ruling, published on June 3, 2026, validates a previous judgment by the Court of First Instance but establishes the change on a different legal foundation.
The case involves an individual born in 2006 who received judicial approval in June 2025 to change his first names to reflect his male identity. Following a medical transition and a diagnosis of gender dysphoria, he petitioned to alter his birth record. In July 2025, the Court of First Instance granted the request, leading the Civil Registry (ABS) to file an appeal seeking legal clarification regarding the applicable laws.
While ABS did not oppose the gender change itself, the registry argued that Article 1:24 of the Civil Code, which addresses clerical errors, was not the correct legal mechanism for such a modification. The Common Court agreed with this assessment, noting that correcting errors is distinct from recognizing a change in gender identity. However, relying on Article 8 of the European Convention on Human Rights, which protects the right to private life, the court concluded that Aruba has an obligation to provide legal recognition for gender identity. Consequently, the court upheld the right to the birth certificate amendment based on human rights protections.
