LEGAL ASPECTS OF TRANS(S)EXUALITY

Abstract

Transsexuality is defined in science as an extreme form of gender dysphoria - inconsistency of gender identity and gender role with the biological sex in a given case. Science has proven that transsexuality is not a matter of life choice, nor is it a mental illness, but rather a so-called intersex disorder that culminates in an effort to perform sex change surgery in a specific case. When this problem is approached from a legal perspective, several issues stand out - the principle of gender immutability, legal prerequisites for gender change, change of civil status, and transsexuality viewed through the prism of marriage in terms of its conditions for validity. The above unequivocally refers to the subject of our research, namely: conditions, procedure and jurisdiction for sex change, sex change and the right to family planning, transsexuality and marriage (the question of the sameness/difference of the sexes from the aspect of the validity of marriage, heterosexual or homosexual marriage/life community - legal arrangement and legal effects). Although a decade has passed since the first surgical intervention of sex change and although the number of transsexual persons is increasing every day, this issue is still approached with a certain reserve and lack of interest when it comes to legal norms. During the preparation of the paper, we applied: normative method, comparative-legal method, other methods that are also applied in other social sciences (analysis, synthesis, induction, deduction), all with the aim of pointing out the seriousness and the need for legal regulation of this problem, which is increasingly current. in the society of the 21st century.