Research On The Protection Of Marriage And Family Rights Of Transgender People From The Perspective Of Transsexual After Marriage

With the development of medical technology and the advancement of social ideas,more and more transsexuals have moved to the operating table,choosing to switch genders through surgery.The increasing number of transsexuals has become a group that cannot be ignored.As citizens of our country,their rights and interests should also be protected by law.Based on the analysis of various realities faced by transsexuals the article takes the legal perspective as the main consideration,with sociology,medicine,psychology and other angles,specifically discusses the current deficiencies in China and some rights and interests that transsexuals should enjoy in marriage and family,and possible conflicts with others’ rights.If a married person changes gender,the marriage relationship must be affected,resulting in a series of issues such as marital effectiveness,spouse ’s right to know and childbearing rights,which leads to conflicts between personal choice and spouse rights,we need to consider how to balance the interests of both parties.At the same time,due to the special nature of the transsexuals,the rights of marriage and family cannot be generalized with ordinary people,and the extension of their rights may be expanded or restricted,for example,to allow transsexuals to enjoy the right to change after marriage and surrogacy under certain conditions,while limit their custody,adoption and visitation rights based on psychological or ability assessment results.Regrettably,there are no systematic laws and regulations on the protection of marriage and family rights of transgender people in our country,which not only makes transsexuals lack rights protection,but also makes it impossible for justice and administration staff confused in that situation,which is hard to protect the rights and interests of transgender people and their family members.Therefore,while drawing on foreign legal practice,the author combined with China’s actual situation,from the perspective of legislation,judicial,administrative and legal services,put forward the conception of the future legal protection system of transgender marriage and family rights in China,hope that China can strengthen the legal protection transsexuals’ marriage and family rights,so that the rights of the transgender minority group can be realized.