The Legal Status of Transsexual and Transgender Persons

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions. The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. This book examines these thus far under-researched questions, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.
Editor(s):
Jens M. Scherpe
book | published | 1st edition
December 2015 | xiv + 664 pp.

Paperback
€89.-


ISBN 9781780681962


Alternative prices
- Student price: €45.-

Details

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity.

The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.

The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

PART I. Medical/Psychological Views

Transgenderism and Transsexuality: Medical and Psychological Viewpoints (p. 9)

PART II. Christian Views

Transgenderism and the Christian Church: An Overview (p. 25)

Metamorphosis and (Trans) Migrations: Spiritual Dimensions of Gender Transition (p. 77)

PART III. Legal Views

Questionnaire (p. 101)

PART III. Legal Views (Europe)

Belgium and the Netherlands (p. 107)

Czech Republic (p. 125)

Denmark (p. 147)

England and Wales (p. 183)

Germany (p. 207)

Ireland (p. 223)

Italy (p. 249)

Spain (p. 261)

Sweden (p. 281)

Turkey (p. 313)

PART III. Legal Views (Asia)

Hong Kong Special Administrative Region (p. 333)

Japan (p. 363)

Singapore (p. 391)

Taiwan (p. 425)

PART III. Legal Views (Australia and New Zealand)

Varieties of Decision-Making: Reflections on Deciding Re Kevin (p. 441)

Australia (p. 457)

New Zealand (p. 527)

PART III. Legal Views (North and South America)

Argentina (p. 569)

USA (p. 585)

PART IV. Conclusion

Comparative Analysis and Recommendations (p. 613)