Legal Aspects of Transsexualism

Legal Aspects Of Transsexualism

Transsexual people are those who establish a permanent identity with the gender that is not typically associated with their biological sex, identified at birth. As most legal jurisdictions have at least some recognition of the two traditional genders at the exclusion of other categories, this raises many legal issues and aspects of transsexualism. Most of these issues tend to be located in what is generally considered family law, especially the issue of marriage, as well as the ability of a transsexual person to benefit from a partner's insurance or social security.

The degree of legal recognition provided to transsexualism varies widely throughout the world. Many countries now extend legal recognition of sex reassignment by permitting a change of legal gender on the individual's birth certificate. Many transsexual people have their bodies permanently changed by surgical means or semi-permanently changed by hormonal means (see sex reassignment therapy). In many countries, some of these modifications are required for legal recognition. In a few, the legal aspects are directly tied to health care; i.e. the same bodies or doctors decide whether a person can move forward in their treatment, and the subsequent processes automatically incorporate both matters.

The amount to which non-transsexual transgender people can benefit from the legal recognition given to transsexual people, varies. In some countries, an explicit medical diagnosis of transsexualism is (at least formally) necessary. In others, a diagnosis of gender identity disorder, or simply the fact that one has established a non-conforming gender role, can be sufficient for some or all of the legal recognition available.