Analysis On The Legal Problems Of Transsexual Marriage And Family

With the development of social science and medical technology,It is possible for people to change their birth sex by sex reassignment surgery.However,after the implementation of sex reassignment surgery,transsexual will suffer from a legal dilemma in many aspects,such ascensus register,marriage and family,parents and children,etc.which is in a blank state of our law.So through the study of the relevant laws and regulations of foreign sex reassignment,and through the research and analysis of the current situation of China,the paper will From the perspective of transsexual and related concepts,explore the implementation condition of gender reassignment surgery and gender reassignment registration,and research the problem of transsexual marriage,parents and children,then put forward some suggestions on the legal problems of transsexual marriage and family in China.This paper is divided into four chapters:In the first chapter,from analyzing the origin and evolution of the concept of transsexual,this paper gives a detailed definition of the concept,and discusses the differences between transsexual and transgender people,cross-dresser,homosexual and androgyny.The second chapter discusses implementation conditions of sex reassignment surgery and sex change registration.Firstly,transsexualneed to complete thesex reassignment surgeryto become a truel transsexual.focusing on the relevant provisions of sex reassignment surgery which stipulated in “ Technology management specificationfor sex reassignment surgery” from our Ministry of Public Health.Secondly,transsexual need to complete sex reassignment registration,and change the original sex of the residence booklet and ID card.The third chapter discusses the legal problems of transsexual marriage.From two perspectives,the first one is changing sex before marriage,there is two questions:could transsexual get marride and how could the rights of transsexual's spouse be protectde.This paper analyzes the marriage rights and the protection of spouse rights which conbines the United or Europe States and cases.The second perspective is changing sex after marriage which focuses on the problem of dealing with the marriage which changing sex after marriage,and puts forward three ways about the problem in accordance with States and current judicial procedure in America and France,the practice of marriage in China.The fourth chapter puts forward the relationship between transsexual parents and children.First of all,this paper analyzes the legal problems of transsexual,which protect the reproductive rights of transsexual through the adoption institution and artificial assisted reproductive technology.Secondly,this paper analyzes the problems of the transsexual's guardianship,custody and visitation rights.Combined with the protection of the rights of transsexual,putting forward to the specific application of transsexualguardianship,custody and visitation rights from the principle of "the best interests of the child".