Spanish authorities have launched an investigation into an unusual case in which a transgender woman was allegedly buried under her birth name and with photographs from before her identity was legally changed.
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Daniela MS, who was born in Chile and adopted by a Spanish couple living in the province of Alicante, died at the age of 21 in 2022.
Her legal change of identity was completed in 2021, one year before her death. Despite this, after she died, Daniela was buried in the family grave in the town of Aspe, where her birth name and an old photograph were used.
The case was referred to prosecutors following a complaint by the Euforia Familias Trans Aliadas association. The organization claims that Daniela’s adoptive parents had knowingly chosen to use her birth name, known as a “necronym,” as well as images that did not represent her gender identity.
The complaint also states that Daniela was allegedly publicly presented as male even after her death, disregarding the gender identity she had legally changed.
Prosecutors have asked the parents to appear for questioning as suspects and to submit documents relating to the legal name change and burial procedures.
Saul Castro, a lawyer for the Euforia association, described the matter as a case of particular significance.
“She was buried with a name and image that no longer belonged to her, with the aim of erasing her identity,” he said, stressing that “dignity continues after death.”
Castro claims that Daniela’s memory was violated through actions he considers degrading and disparaging toward her gender identity.
According to the complaint and people close to her, Daniela had endured a difficult relationship with her family for years because of her gender identity.
She had allegedly faced discrimination and had previously gone through periods of severe psychological distress.
After another crisis in April 2022, Daniela tried to contact her parents. They had arranged to meet in Santander, but according to her friends quoted by “El País,” her parents did not show up. A day later, Daniela took her own life.
The Alicante Prosecutor’s Office has identified circumstances that may warrant opening a criminal investigation, finding that the matter may be more than just a family or private dispute.
Authorities are investigating whether the alleged actions constitute a hate crime and whether there was a specific intention behind them to humiliate Daniela even after her death.
The investigation will determine whether the allegations constitute criminal offenses and whether her parents can be held responsible for them.
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