The fundamental right of transsexuals to be socially treated according to their gender identity originates from a wide array of civilizing conquests, which began by the recognition of dignity as an intrinsic value of every human being; they have passed through dignity such as the autonomy of every individual, having arrived at the constitutional duty of the democratic state to protect minorities. Because of this multi-centric point of view, the surgical act acquires a new meaning. Instead of clinical prerequisite for changing one?s civil registry, it has been converted into a phase of a long process of conforming one?s sex to one?s gender, progressively revealed in gestures, clothing and hormone treatment and in the web of affective and social relationships constructed by the person in his/her quest for a good life. Following this line of argumentation, the documents will be faithful to one?s human condition, and changing the first name is justified in a prior moment to that when the procedure of physical adequacy materializes in the hands of the physicians. The right to identity passes through the argument of chromosome immutability or the presence of certain genitals, which is the equivalent of confining gender in its morphological element.