Ayşenur Dere

Ayşenur Dere

Ayşenur Dere

Gender Change in Turkish Law

15 Ocak 2021 - 22:05

The sex change case is a two-stage type of case. The first stage and prerequi site is the case for permission to change sex. According to the article 40 of the Turkish Civil Code, a person who wants to change gender must obtain permission from the court by filing a law suit. In the permit case, the person must tell why she/he wants to change gender. These are important in making an opinion that there is a need for a gender reassignment in the court. Here, the person should explain to the judge the psychological traumas she/he has experienced, the loneliness in her/his sexual life, the feeling of exclusion around her/his friends, and that she/he does not accept the body in which her/his soul is located.If the judge may want to hear a witness if necessary. To give permission, the judge asks a report from the person who wants to change gender. This report is is sued by a board in a research hospital. This board consists of a psychiatrist, plastic surgeon, gynecologist, urologist, geneticist, endocrinologist and lawyer. The judge will decide according to the decision of this council.

1-18 years old
2-Not being married
3-Being trans gender
4-Gender change deemed necessary in terms of mental health
5-A report to be taken from a research hospital stating that she/he is constantly deprived of reproductive ability [This provision has been an nulled by the Constitutional Court on the grounds that it is against the Constitution. Canceled provisions were published in the official gazette on 03.20.2018.] ((European Court of Human Rights, 14793/08, application number, and March 10, 2015 dated Y.Y. -Turkey case) a courtruling on Turkey's compensation in this regard are available.)

After these, the treatment process can be started witht hepermission of the court. After the treatment, by confirming with the official health instituti on report that there is a sex reassignment surgery suit able for medical methods, it will be able to file a law suit against the Population Directorate with a request forgender reassignment.

Another way is for the person to have surgery first and then file a law suit for the change of gender without a permission case. In this case, the court will also request the documentissued by the competent institution regarding whether the person has provided the elements in the permit case or not, as well as the lack of reproductive ability. Here, research can be made about the person who provided the elements and a decision on gender change can be made. How ever, the permission obtained from the court as a result of the court case will constitute a presumption for the positive conclusion of the gender reassignment case to be filed later. In addition, the person who wants to change the gender should open this case with a request to change the name after the surgery. Other wise, she/he will have to file a separate law suit to change her/his name.


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