The Ecuadorian Episcopal Conference has expressed its “deep concern” over a recent ruling by the Constitutional Court that opens the possibility for adolescents to request a gender change on their identity document from the age of 12. The bishops consider that the decision raises relevant legal and human questions and warn about its possible consequences for the integral development of minors.
The ruling that opens the door to gender change in adolescents
The reaction of the Ecuadorian episcopate comes after ruling 4-24-CN/26, issued by the Constitutional Court on February 5, 2026. The decision examines the constitutionality of article 94 of the Organic Law on Identity Management and Civil Data, which established that gender rectification on the ID card could only be carried out upon reaching the age of majority.
The court’s decision concluded that this procedure cannot be automatically denied to minors under 18 years of age, as an absolute prohibition could affect constitutional rights such as the free development of personality and the right to identity.
Based on this interpretation, adolescents—generally between 12 and 18 years old—will be able to request gender rectification on their identity document in certain cases. The Court did not completely eliminate the existing regulations, but determined that the requirement of majority age is unconstitutional when applied automatically without considering individual circumstances.
The ruling originated from the case of an adolescent whose request for a name and gender change was rejected by the Civil Registry due to the current norm. The family then turned to the courts, and the process reached the Constitutional Court through a constitutionality consultation.
Requirements established by the court
Although the ruling opens the possibility of registry change for adolescents, the Court established certain conditions. Among them is that the request be presented with the accompaniment of legal representatives and supported by psychosocial evaluations that accredit that the adolescent has sufficient «maturity» to make an informed decision about their gender identity.
The ruling was approved by five votes in favor and four against, reflecting the debate existing within the constitutional court itself.
The concern expressed by the Episcopal Conference
In response to this decision, the Ecuadorian Episcopal Conference disseminated a statement addressed to the country’s society in which it expresses concern about the scope of the ruling. In its message, the bishops point out that the ruling introduces a legal interpretation that allows adolescents to adopt a decision that they consider to be of a permanent nature at a stage of life marked by the formation of personal identity.
The episcopate recalls that the current regulations establish that gender rectification on the ID card can only be carried out once, which makes this act a determination with lasting effects on the person’s legal life.
From this perspective, they warn that allowing permanent legal decisions during this phase of development may imply risks for the future of minors, even when there is family accompaniment or professional advice.
Legal debate and role of the legislator
The episcopal statement also notes that the ruling was adopted by a narrow majority within the Constitutional Court and recalls that several magistrates presented dissenting votes, in which they raised doubts about the legal interpretation adopted by the court.
In addition, the bishops consider that the change in the scope of the regulations should be discussed primarily in the legislative arena. In their opinion, it is up to the National Assembly to define, through broad and technical debate, the limits and conditions of this type of legal decisions related to identity in official documents.
A call for prudence in the protection of minors
In its statement, the Episcopal Conference calls on public authorities, state institutions, and Ecuadorian society to reflect prudently on the legal, social, and human consequences that may arise from this type of decisions.
The bishops particularly exhort to strengthen the integral protection of childhood and adolescence, recalling that decisions affecting the personal identity of minors can have profound and lasting effects on their future life.
The protection of children and adolescents requires responsibility, prudence, and a firm commitment to the dignity of each person.
