Documents Required When Opening a Gender Reassignment and Affirmation Case
Opening a gender reassignment and affirmation case is one of the procedures that must be carried out according to the law to obtain a permit to be reassigned to one’s gender identity from the biological sex with which the person was born through surgery. Gender reassignment processes may be possible in many developed countries without preconditions, while the legal stages of gender reassignment in Turkey must be completed fully. In Turkey, the requirements regarding gender reassignment are regulated by Article 40 of the Turkish Civil Code.
- -Being over the age of 18
- -Having court permission
- -Being single, or having been divorced if previously married
- -Documenting with a report from a research and training hospital that gender reassignment is a requirement for the individual’s mental health.
The individual who requests a gender reassignment must file a lawsuit against the Civil Registry to initiate the legal process. The first documents required to open the case are as follows.
-A health board report from any research and training hospital that shows that gender reassignment is necessary for the individual’s mental health. In this step, a committee that is called a gender identity council involving a psychiatrist, plastic surgeon, obstetrician, geneticist, endocrinologist and lawyer, is required to provide positive opinions. The first checks are carried out by the psychiatrist, followed by other doctor’s checks.
If the individual receives approval from the entire gender identity council, there will be no legal obstacle. The eligibility report issued by the council is sent to the court, and the litigation process is initiated. After the court makes an affirming decision, there is no legal obstacle against performing gender reassignment surgeries.
After the completion of the necessary surgeries, a report showing that the surgeries have been held in the hospital is sent to the court. The examination of the court determines whether the individual will be given a woman’s or a man’s identity card based on whether the report is approved or not.
Gender reassignment cases require processes that differ from all other types of cases. In order for litigation processes to be conducted in the individual’s favor and as soon as possible, lawyers specializing in the field of gender reassignment must be hired. Gender reassignment cases with specific characteristics of their own are seen by the approval of name changes by the Civil Registry. This type of cases can also be opened as a name change case, but some courts may request evidence or witness evidence, as well as hospital reports. For this reason, all processes should be carried out with expert assistance.