No longer man, but not yet a woman? Whether or not postoperative transsexuals can seek correction of gender entry in the birth certificate

Date of Publication

2005

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Law | Family Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Emily Sanchez

Abstract/Summary

This thesis aims to find the answer to the query whether or not postoperative transsexuals can seek correction of gender entry in their birth certificate. This study intends to help the law cope with the continuous changes in scientific and medical advances in technology. The authors of the Civil Code and Family Code were not yet aware that someday it would be possible for a person to change his or her gender through a medical operation. Thus there have been questions of how does the law define a man and a woman. This thesis aims to answer four sub-issues. First, whether or not a person who underwent sex reassignment operation can get married under Philippine laws. Second. whether or not transsexuals who have acquired gender recognition be allowed to have the same rights as those who are biologically female or male. Third, whether or not the Constitutional right to liberty and freedom of expression are broad enough to allow people to choose their own gender.

The researchers intend to find the answers by reviewing the provisions of the Family Code, the New Civil Code, the Revised Rules of Court and the 1987 Constitution of the Philippines. The researchers will determine if these laws are still applicable and sufficient to encompass the relationship of homosexuals who underwent sex reassignment operation or there is a need to amend or propose new laws. Interviews with experts such as medical doctors with expertise in obstetrics and gynecology, reconstructive and plastic surgery were conducted. As of now, there are only two cases in the Philippines where a regional trial court granted a petition for change of name and gender of petitioners who underwent sex reassignment operation. The two cases were reviewed. One is still pending in the Court of Appeals and the other was already final and executory for the Solicitor General did not appeal the case. The two cases were used as a primary sources to help answer the main issue. Interviews with these two Judges who rendered the decision were also conducted. Foreign jurisprudence is also used as supplementary basis of arguments.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19698

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

66 leaves, 28 cm.

Keywords

Gender transition—Law and legislation--Philippines

Embargo Period

4-26-2021

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