Право родитеља на накнаду штете због промјене пола дјетета
The Rights of Parents to Damages Arising from Sex Change of Their Children

Author(s): Stanka Stjepanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Child; Parents; Damages; Transgender; Sex change;
Summary/Abstract: Gender change is provided for by the legislation of the Republic of Serbia. Moreover, the state participates in financing up to 2/3 of the total costs of this complex operation, the amount which is far from negligible. This paper discusses the problems that arise when a child, after turning 15, decides to change sex, using his or her right to medical intervention, while their parent are expressly against it or give their alleged consent, out of fear that their child may, otherwise commit suicide. Of course, this complex operation implies a prior, very complicated , hormonal therapy, which may have very serious consequences for the child's health. The advertising of certain gender reassignment clinics is considered, as are numerous internet contents that influence a child at that adolescent age to make a decision about his or her gender, more precisely, decision about changing it. The fact is that parents consequently suffer psychological pain, which consists of fear for the child's health and disfigurement and fear of deviant+t behavior during child's further development. The question arises as to whether and at what point parents can claim compensation for damaged health and changed identity of their child. In this paper, the author provides an answer by analyzing the cases of children who changed gender and later repented and detransitioned with great difficulty, a situation which had serious psychological consequences for their parents as well.

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