Transsexualism is a condition in which an
individual's psychological gender is the opposite of his or her anatomical
sex. A "sex-change" operation can bring anatomical sex into line
with gender, but it cannot create a new biological sex capable of
procreation. The operation is expensive, dangerous and lengthy, yet in 1983
there were an estimated 6,000 post-operative transsexuals in the United
States.
Certain European countries have legislation
recognizing the post-operative transsexual's new sex. Case law in the United
Kingdom and the United States, however, prevent post-operative transsexuals
from gaining legal recognition. The author does see some hope, however, for
a change in the trend against recognition of transsexuals' post-operative
sex.
This Article discusses the reasons behind
this trend and concludes that the greater danger would be a consensus of
medical opinion holding that sex-change surgery is unnecessary, questioning
the very existence of post-operative transsexuals.
Finally, the author calls for legislative
action to remove judicially-imposed obstacles and to give legal recognition
to the post-operative transsexual's new sex and identity.
Citation: Am J Law Med
1987;13(1):53-69 an article published on the Internet by PubMed
<http://www.ncbi.nlm.nih.gov/>
