Sociology

Transsexual people are individuals who have attained a permanent identity of the gender opposite to the sex assigned them at birth. This has been a legal issue in many parts of the world. In most countries the legal aspects of transsexualism are contained in the family law which basically controls the issues related to marriage. However, this issues touches on other aspects of the law such as the rights of the individual as a spouse and the insurance or social security benefits from the spouses contributions. Transsexualism is recognized in many countries in the world especially in Europe. However, the legality of transsexualism varies from one country to another.

In many parts of the world, individuals are allowed to get sex reassignment which allow the change of sex in the birth certificate and make it legally recognizable. Transsexual individuals in many cases have surgeries to change their bodies permanently. Some times the changes may be semi permanent where hormones are used instead of surgery. The trend is more prevalent in the European countries where many countries give transsexual individuals legal rights such as rights to get married to individuals of their post operative gender, change their names or change the gender in their birth certificate (Aggrawal, pg 347).

Transsexualism in the United Kingdom
For many years, many transsexual individuals were able to change their birth certificates and marry individual of the post operative gender. However, this legitimacy of the act was challenged in the 1960s where some individuals argued that the changes were only legally acceptable in cases where the holder wanted to inherit a title. The court session that handled this case was held in secret in a Scottish court and was not made public until 1970 when it was brought to the English court. The court ruled that marriage among transsexual individuals was illegitimate according to the law and the sex considered in marriage is the sex assigned at birth. Marriage that had taken place under such circumstances became invalid and unofficial changes in the birth certificate reduced. However, this did not prevent transsexual individuals from changing names in their passports, driving licenses and insurance policies details. In the last two decades of the 20th century, a good number of individuals filed cases of human rights violations (Shaw and Ardener, pp 40). In the mid 1980s the court ruled out human rights violations but concluded that the laws should be reviewed. Although the law was not reviewed, the court concluded in 2002 that some basic rights to privacy and the transsexual individuals family life were being violated. In 2004, the United Kingdom parliament acted to that effect and legally recognized transsexual individuals. Under the law as it stood before the Act, transsexual people could not obtain legal recognition in the United Kingdom in their acquired gender. Although they could obtain some official documents in their new name and gender, they could not obtain a new birth certificate, nor could they marry a person of the same birth gender (Church of Englands Mission, para 2). Contrary to the situation in other countries the law requires the individual to have suffered from gender dysphoria, lived for two or more years in the obtained gender and ready to continue for the rest of his or her life

Transsexualism is Spain
Historically, the Spanish law did not recognize transsexual individuals. However, the law has changed since early 2007 where transsexual individuals are allowed to change their names and alter their gender assignment in any official document. The recognition of transsexual individual according to the law is based on the individuals request and need not to have undergone any surgery (Soley-Beltran, Para 11). However, the individual need to have undergone gender treatment for not less than two years and he or she must have been diagnosed to have suffered from gender dysphoria. Hormonal treatment does not qualify the individual for recognition as a transsexual unless it is supported by other prerequisites such as age or health.

The Gender Recognition Act 2004 allows transsexual people who have undergone gender reassignment to apply for a gender recognition certificate as of April 2005. When a full gender recognition certificate has been issued, the person is considered in the eyes of the law to be of the acquired gender (The University of Bolton, para 5).

Transsexualism in Germany
The change of names and gender has been regulated by the law in Germany since 1980s. As in the case in many countries in the world, the law in Germany requires the first name of any individual to be gender specific. However, an individual can change the name or both the name and the gender where possible. The change of the name or gender must however be supported by an opinion of at least two official specialists. The opinions must be presented to court stating that the individual has been medically diagnosed and has been found to be transsexual, the individual has the desire to live in the gender for the rest of his or her life which he or she should have done for not less than three years and the feelings of the need to belong to the other gender are not likely to occur. Incase a man changes his name and gender after which he gets married to a woman or fathers a child, the changes can be revoked. Therefore, it is a requirement that for an individual to be infertile permanently. This should be followed by a surgery that changes the outer sexual features of the individual to significantly resemble the feature of the other gender. Originally, the law had age restriction and the changes were only available for adults above the age of twenty five. This restriction has been declared void by the court and changes are available to any one who qualifies. Since 2008, the law allows even married individuals to change their names and genders. The law applies to German citizens only with exceptional for non citizens with specific recognition by the law for example stateless people who have lived in Germany for long enough and legally.

Transsexualism in Romania
All transsexual people in Romania are recognized by the law. They have the legal rights to change their names and their gender identities in all official documents. The changes are based on personal choice although they are regulated by the law. Since the late 1990s individuals are allowed to change their gender through reassignment surgery which changes their official gender. The post operative sex is recognized by the law and individuals are allowed to marry individuals in their pre operative sex.

Transsexualism in Netherlands
In Netherlands the law is not very different form other European countries. An individual who proved in court to be sterile which may be through surgery and has physically and medically adapted to the new gender can be allowed to change his name and gender. Transwomen must prove to have had genital surgery as well as hormonal treatment. On the other hand transmen must prove to have undergone hysterectomy and chest surgery in addition to hormonal treatment (Shaw and Ardener, pp 57).

Conclusion
In many countries especially in Europe, transsexual individuals are recognized by the law. However there are set regulations that set the minimum legal requirement for the individuals gender to be changed. In many cases the legal and medical issues in the modification of the individuals gender are tied together and the decisions are possibly made by the medical practitioners.