Currently, the legal regulation requires that a person who wants to undergo a gender change and have this change officially registered must also undergo a major surgical operation. In the case of trans men (female-to-male surgery), this surgery means masectomy (breast removal), hysterectomy (womb removal), bilateral ovariectomy (ovary removal), metaidoioplasty, phalloplasty, scrotoplasty, and urethroplasty (neopenis and scrotum creation).
In the case of trans women (i.e. from male to female), it involves orchiectomy (removal of the testicles), penectomy (removal of the penis) and the creation of a neovagina (includes vaginoplasty, clitoridoplasty and labiaplasty). All these steps are not always carried out, but are listed in the relevant documents of the Ministry of Health.
The goal, according to the current arrangement, is to transform the genitals and prevent the ability to reproduce. For previously married people who wish to undergo gender reassignment, the marriage will be dissolved by law unless they have already voluntarily divorced.
In today’s decision, the Constitutional Court annulled those parts of the law that relate to mandatory surgical interventions for sex change.
In other parts (for example, the name change), the Constitutional Court left the existing regulation in force.
Parts of laws struck down by court
Civil Code
The change of a person’s sex occurs through a surgical procedure, with the simultaneous inability of the reproductive function and the transformation of the genitals.
Act on Specific Health Services
For the purposes of this Act, changing the gender of transsexual patients is understood as the performance of medical procedures, the purpose of which is to perform a gender change by surgical intervention while simultaneously disabling reproductive function.
The Constitutional Court sees the unconstitutionality of the repealed parts of the law in the fact that they require
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