The Legal Status of Transsexuals in Turkey

Abstract

The development of the legal regulations concerning transsexuals in Turkey can be analysed in three phases. The first phase was prior to 1988 when there were no legal parameters at all. The second phase started in 1988 when certain changes made in the Turkish Civil Code (TCC) for the first time gave people who had already undergone sex reassignment surgery (SRS) the possibility to enter this change into the birth register. The third phase commenced in 2002 when the new Turkish Civil Code came into force. 1 Art. 40 of the Code now regulates the pre-conditions for a surgery and the procedure for getting a court authorisation in order to be operated as well as the procedure for entering the sex change into the birth register after the operation. Following remarks aim at briefly explaining these historical developments in Turkish law and presenting the current legal situation in Turkey with respect to transsexuals. The deficiencies in the existing regulation and possible ways of surmounting these will also be examined. [(C) 2005 by The Haworth Press, Inc. All rights reserved.]