Abstract

The changing of the sex designation on the civil status for transsexual persons in France is not governed by the legislator but by the case law, the Court of cassation. This system is now insufficient, given the unequal treatment between citizens among jurisdictions. Courts and ministerial orders cannot compensate such a situation. A legislative intervention seems to be necessary. The recent decisions from the Court of cassation have awakened fears regarding the so-called obligation of a legal and medical examination before a changing of the sex designation. We do consider that it is not a preliminary stage to succeed for such a proceeding.

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