Spanish authorities have opened an investigation after a transgender woman was allegedly buried under the name and with photographs she had used before legally changing her identity.
The case concerns Daniela MS, a transgender woman born in Chile who was adopted by a Spanish couple living in the province of Alicante. Daniela died at the age of 21 in 2022.
A year before her death, in 2021, she had legally completed the process of changing her identity. However, following her death, she was reportedly buried in the family grave in the town of Aspe under her birth name and with a photograph from before her transition.
The case came to the attention of prosecutors following a complaint filed by Euforia Familias Trans Aliadas, an organization that supports transgender families. The group alleges that Daniela’s adoptive parents knowingly and deliberately used her former name, sometimes referred to as a “deadname,” as well as photographs that did not reflect her gender identity.
According to the complaint, Daniela was publicly identified as male even after her death, despite having legally established her identity as a woman.
Prosecutors have requested that her adoptive parents be questioned as suspects and provide documentation relating to Daniela’s legal name change and burial.
Saul Castro, a lawyer representing the organization, described the case as particularly significant.
“She was buried under a name and with an image that no longer represented her, with the intention of erasing her identity,” he said, arguing that a person’s dignity and identity should continue to be respected after death.
According to the complaint and people close to Daniela, she had experienced a difficult relationship with her family for several years because of her gender identity. She was reportedly subjected to discrimination and had previously gone through serious emotional difficulties.
In April 2022, after another difficult period, Daniela attempted to contact her parents, with whom she had planned to meet in Santander. According to friends, her parents did not attend the meeting. Daniela died the following day.
Prosecutors in Alicante have identified circumstances that they believe may warrant a criminal investigation, noting that the alleged actions could go beyond a purely private family matter.
Authorities are now examining whether the alleged conduct could constitute a hate crime and whether there was an intentional effort to humiliate Daniela or deny her gender identity even after her death.
The investigation will determine whether the allegations amount to criminal violations and whether responsibility can ultimately be attributed to her adoptive parents.
