ПРАВНИ АСПЕКТИ ТРАНС(С)ЕКСУАЛИТЕТА
LEGAL ASPECT OF TRANSSEXUALITY

Summary/Abstract: In science transsexuality is defined as extreme form of gender dysphoria - incongruity of gender identity and gender roles with biological gender in specific case. Science has proven that transsexuality is not life choice or mental disease, but so-called intersexual disorder which culminates in an effort to change a gender in specific case. If we access to the problem in legal aspect, we can notice that several issues stands out – the principle of immutability of gender, legal assumptions for gender change, changes in civil status and transsexuality viewed through the prism of marriage in terms of its conditions for the validity. This indicates on the subjects of our study, and it is : terms, procedure, and jurisdiction for gender change, gender change and rights for family planning, transsexuality and marriage (question of sameness/dissimilarity genders from aspect of the validity of marriage, heterosexual or homosexual marrige/community – legal regulation and legal effect). Although there were a decade since first surgery of gender change and the number of transsexuals is increasing, to this problem is approached with disinterest when it comes to legal norms. During the work on our study we applied: normative method, comparative legal method, other metodhs that are used in other social sciences(analysis, synthesis, induction, deduction),with the aim of pointing out the seriousness and the need for legal regulation of this problem, current in society of twenty-first century.

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