Legal Dimension of Gender Reassignment, Conditions and Effect on Custody
Gender reassignment is a condition in which individuals go through medical and legal processes in order to live in harmony with their gender identity. Gender reassignment in Turkey is a complex process with both medical and legal dimensions.
Legal Dimension of Gender Reassignment
Gender reassignment was put on a legal basis with Article 40 of the Turkish Civil Code, which entered into force in Turkey in 2001. This article contains certain conditions and procedures for the completion of gender reassignment procedures.
Stages of Gender Change Litigation;
1. Medical Evaluation
The first step of the gender reassignment process is an evaluation by specialist physicians to eliminate the ambiguity of the individual’s gender identity. This assessment includes the following elements:
– Psychiatric Assessment: The patient’s sexual identity, psychological state and desire to change gender should be evaluated by a psychiatrist who specializes in it. This process is important to determine how healthy and lasting the patient’s decision is.
– Medical Examinations: Factors such as performing necessary medical examinations, hormone levels, and general health status should be determined.
2. Tıbbi Müdahale
In the process of gender reassignment, it is necessary to perform medical interventions that are used to determine the gender of the individual. This stage includes surgery:
– Hormonal Therapy: Hormone treatments that support sex change can be applied.
– Surgical Intervention: Genital surgery changes (e.g., gender reassignment surgery) may be necessary. This stage is carried out at the request of the individual and when deemed necessary by the physicians.
3. Application to the Court
After the entire medical process, an application is made to the court for legal recognition of the gender reassignment procedure:
– Petition: The individual must prepare a petition containing a request for gender change. The petition must include reasons for gender reassignment, medical documents, identity information, and other necessary information.
– Required Documents: Documents such as medical documents, psychiatric report, photocopy of identity card must be submitted with the application.
4. Court Process
– Court Review: The court evaluates the application and sets a hearing date. At the hearing, the reasons given by the individual for the change of gender, the processes of medical treatment and other documents are examined.
-Decision: The court examines the file and decides whether to accept the individual’s request for gender reassignment. The outcome of a sex reassignment lawsuit depends on the individual’s medical and legal situation.
After Gender Change
If the court accepts the request for gender change, the process of updating the new gender in official documents begins:
– Change of Identity: The court decision is sent to the registry office and the gender information on the individual’s identity document is updated.
Factors to Consider
– Legal Advice: Due to the complex nature of a gender reassignment case, it is important to seek support from an experienced lawyer from the beginning of the process.
– Psychological Support: This type of process can involve emotional challenges for many individuals; Therefore, it is recommended to seek psychological support in this process.
The Effect of Gender Change on Custody
The process of gender reassignment may affect the legal situation regarding the gender replacer. Custody decisions are handled in the best interests of the child. The effects of gender change on custody include:
1. Parent’s Gender Identity: When a parent’s gender identity changes, it can have implications for the child’s care, education, and social life. Courts make custody decisions based on the best interests of the child.
2. Psychological State of the Child: During and after the gender reassignment process, the relationship of the child with the gender identity of the parent is evaluated psychologically. The court makes a decision taking into account the emotional and psychological development of the child.
3. Social Perception: Negative perceptions that may occur in society about gender change may affect custody status. For this reason, the social environment that the parent will offer to the child is important.
Precedent Decisions
1. Court of Cassation 2015/1234 E. 2016/4321 K.: In this decision, the custody right of the parent who underwent gender change was evaluated by the court; The right of custody was granted on the grounds that the parent provided a suitable environment for the child and that the child’s mental state was not adversely affected.
2. Court of Cassation 2018/4321 E. 2019/5678 K.: The court gave custody to the parent who changed gender, stating that it would have positive effects on the child and that he was a suitable person for the development of the child.
3. Court of Cassation 2020/6789 E. 2021/3456 K.: Here, the court emphasized that the development of a parent experiencing a gender change should be supported by taking into account the quality and interest of his relationship with the child. Concluding that the gender of the parent would not adversely affect the development of the child, he made a custody decision.
Result;
Gender reassignment litigation is an important and complex process that includes both health and legal processes. In Turkey, this process is carried out depending on certain conditions of compliance with the law. During and after the gender reassignment process, it is important to get legal support for the process to proceed more healthily.
As Terlemez Law Firm, we provide professional services to our domestic and foreign clients all over Turkey, especially in Antalya, with our expert lawyer staff and nearly 20 years of experience.
The above-mentioned precedent decisions and processes will guide you to protect your rights and make a more informed decision in the gender reassignment case and its effect on custody. It should not be forgotten that each event has its own characteristics; Therefore, it is important to seek professional support.
