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The Legal Status of Transsexual and Transgender Persons

The Legal Status

Book | 1st edition 2015 | Jens Scherpe

'[...], this is an excellent book which is useful for those new to the field and the expert alike.' -- Christopher Stothers, International Family Law Journal, 2017

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.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780681962 / 9781780685588
Weight 1100 g
Status Available
Number of pages xiv
Access to exercice No
Publisher Intersentia
Language English
Publication Date Dec 22, 2015
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Introduction
    Jens Scherpe
  • PART I. Medical/Psychological Views
  • Transgenderism and Transsexuality: Medical and Psychological Viewpoints
    Friedemann Pfäfflin
  • PART II. Christian Views
  • Transgenderism and the Christian Church: An Overview
    Duncan Dormor
  • Metamorphosis and (Trans) Migrations: Spiritual Dimensions of Gender Transition
    Christina Beardsley
  • PART III. Legal Views
  • Questionnaire
  • PART III. Legal Views (Europe)
  • Belgium and the Netherlands
    Walter Pintens
  • Czech Republic
    Barbara Havelkova
  • Denmark
    Natalie Videbaek Munkholm
  • England and Wales
    Stephen Gilmore
  • Germany
    Anatol Dutta
  • Ireland
    Brian Sloan
  • Italy
    Maria Cubeddu Wiedemann
  • Spain
    Josep Ferrer Riba, Albert Lamarca i Marquès
  • Sweden
    Jameson Garland
  • Turkey
    Yesim Atamer
  • PART III. Legal Views (Asia)
  • Hong Kong Special Administrative Region
    Athena Nga-chee Liu
  • Japan
    Yuko Nishitani
  • Singapore
    Terry Kaan
  • Taiwan
    Chih-Hsing Ho
  • PART III. Legal Views (Australia and New Zealand)
  • Varieties of Decision-Making: Reflections on Deciding Re Kevin
    Richard Chisholm
  • Australia
    Rachael Wallbank
  • New Zealand
    Elisabeth McDonald, Jack Byrne
  • PART III. Legal Views (North and South America)
  • Argentina
    Laura Maria Giosa, Maria Victoria Schiro, Peter Dunne
  • USA
    Jameson Garland
  • PART IV. Conclusion
  • Comparative Analysis and Recommendations
    Jens Scherpe, Peter Dunne