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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.
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