Gender reassignment is a common practice in Iran, which Imam Khomeini declared free and legitimate in a fatwa in 1982. Human beings have different spirits, morals, tendencies and desires that they realize from birth and by knowing them. Some people, because of their genetic characteristics, feel that their bodies are different from their spirits and morals, and that they were born in the wrong body. These people, after being aware of the differences between their bodies and souls, try to change their gender and identity in order to achieve harmony and to have a better life. Get acquainted with the conditions of gender reassignment in Iran.
Challenges and conditions of gender reassignment in Iran
Identity is the most important dimension of every human being. Changing this dimension changes the overall life of a person. The lives of trans people before and after sex reassignment are very challenging. These problems are exacerbated by having a traditional family and context. Accepting a new identity is also sometimes challenging for oneself and those around you. Identity card, inheritance share, individual rights in society, contracts, and many other things that a person has been dealing with from birth with their previous identity change in this gender reassignment.
Types of sexual identity disorders
1. Neutral problem or body neutral / bisexual
These people are people who have both male and female gender signs in their body. The gender reassignment of these people will definitely take place and one of the female and male symptoms will be removed. In this case, they can easily move on with their lives.
2. Problem neutral or psychologically / transgender or transsexual
These people are not psychologically satisfied with their gender and like to continue their life in another body by changing hormones and surgery. Symptoms include depression, confusion, anxiety, mental weakness, self-illness, and nervous system disorders.
In addition to genetic and hormonal diseases, the cause of this problem is sometimes such as mental illness, drug effects, chemotherapy, childhood traumatic brain injury, aggression, and parents’ dissatisfaction with their children’s gender. Trans people are considered sick, and if they do not change their gender, the disease will have devastating effects on their lives. These destructive effects are:
- Not establishing warm relationships with family members and others;
- Lack of self-confidence and anxiety due to not knowing one’s sexual identity;
- Illness, rejection, isolation, aggression in society due to having different feelings and behaviors from their own gender.
Types of gender reassignment
1. Gender reassignment from man to woman
The act of changing the gender of a man to a woman includes the following:
- Breast implantation;
- Laser hair removal;
- Testicular resection;
- Shaving and shrinking the tuber of the throat;
- Penile surgery to the vagina by restoring the skin of the penis;
- Hormonal changes to femininity (such as hair loss, breast enlargement, distribution of body fat to the buttocks and breasts;
- Feminization and facial surgery (nose surgery, eyebrow lifting, jaw bone reduction, chin size reduction, cheek highlighting, lip augmentation, thyroid cartilage shrinkage, etc.).
2. Gender reassignment from woman to man
The act of transgender women to men includes the following:
- Breast augmentation and its texture;
- Removal of the female reproductive system, uterus and ovaries;
- Making the penis with the skin of other areas of the body or the intestinal wall;
- Hormone changes toward masculinity (such as volume, facial hair growth, muscle growth, preventing menstruation).
Laws and conditions of gender reassignment in Iran
- Men who are overweight are not suitable for gender reassignment.
- They have to prove that their sexuality is long-term and not short-term and transient.
- Only the court issues a gender reassignment permit. You can go to a lawyer to get this permission from the family court faster.
- People who want to change their gender must be over 18 years old and have reached puberty in order to have a better understanding of their sexual, mental and physical desires.
- It must be the disease of individuals and the existence of real and definite bisexual conditions. The approval of at least two reputable psychiatrists is required to diagnose and ensure that there is a conflict between body and soul.
- The patient must be realistic and aware of the complications and consequences of the operation. He must know that these steps are irreversible and if he regrets, there is no chance for him to return.
- Gender reassignment should be complete to improve the patient’s mental and physical condition. Gender reassignment is approved if the psychiatrist is confident of a positive change in the patient’s mood and body.
- One has to live in the community for at least one year in the form of the opposite sex to become familiar with the ups and downs and to assess the reaction of those around friends and family to see if their new gender is accepted in the community. In other words, he must prepare himself to face those around him and their reactions.
- The lawyer can file a petition for gender reassignment and a new chosen name on behalf of the Civil Registry Office. He attends the court hearing and defends the client for gender reassignment. Choosing a good lawyer is very important; Because he has an active role in enforcing the sentence, changing the details in the registry and delivering new identity documents to the client.
The legal process of gender reassignment in Iran
Looking at these people strangely, labeling them as corrupt and perverted, making fun of those around them and being rejected, all cause them psychological distress. Accepting these changes requires the support and help of the community as well as the efforts of the individual and those around him. With this in mind, to prevent these potential problems, gender reassignment should take place under the authority of a reputable and legal body such as the court.
So the gender reassignment petition must first be submitted to the court. After that, according to the opinions of the medical expert, the verdict is issued in the family court. According to paragraph 18 of Article 4 of the Family Protection Law, there are two ways to change gender in Iran:
The first method:
- Refer to a reputable psychiatrist;
- Passing a course of psychotherapy;
- Receive a transgender certificate from a psychiatrist;
- Perform various tests to identify possible diseases (such as hormonal or chromosomal disorders);
- Filing a gender reassignment petition in court;
- Referral to forensic medicine and verification of medical records;
- Obtain a gender reassignment permit from the relevant judge.
The second method:
- Filing a gender reassignment petition in the family court on behalf of the registry office where the birth certificate was issued;
- Refer to forensic medicine;
- Introduction to a reputable psychiatrist and passing a psychotherapy course;
- Perform various tests to identify possible diseases (such as hormonal or chromosomal disorders);
- Receive psychiatric, forensic, and forensic certification;
- Obtain permission to change gender and change the name on the identity card of the relevant judge.
Documents required to submit a gender reassignment application
- Certificate of the treating physician;
- ID card and national card of the applicant;
- Arrange and submit a request for gender reassignment to the court.
Gender reassignment in Iran from a jurisprudential perspective
According to jurists, there are three types of theories for gender reassignment:
- Absolute ban: Proponents of her case have been working to make the actual transcript of this statement available online. According to them, this gender reassignment is not rational.
- Absolute legitimacy: Proponents of this theory believe that anything that is not contrary to the verses and hadiths of the Qur’an is legitimate. The human body is like human property. One can take any possession of it; Because gender reassignment is not a change of humanity, but only human characteristics and feelings.
- Conditional legitimacy: This theory is accepted by the majority of countries. According to this theory, people with sexual problems, with a doctor’s diagnosis, can undergo gender reassignment surgery. However, this is not legitimate for healthy people. Physicians and psychologists must also examine people’s hormones and individual identities to confirm their need for gender reassignment.
Legal provisions after gender reassignment in Iran
1. The effect of gender reassignment on marriage
- If sexual intercourse has not taken place after the marriage, the marriage is void due to the homosexuality of the parties and the dowry will not be given to the woman. If sexual intercourse has taken place, the marriage is void because the couple is homosexual. However, the husband must pay the dowry to his transgender wife.
- If both couples change their gender, it is better to call it remarriage due to the agreements and obligations during the marriage. They can also divorce and marry someone else.
- In all the above cases, alimony is not paid to the transgender woman.
2. The effect of gender reassignment on child custody
- If a father changes gender, In case of damage to custody and harm to the child, the guardianship of the father is revoked. However, his custody remains. Otherwise, the father will be the guardian of the child even with a change of gender, and will have the role of father and guardian of the child for the rest of his life, even though he is a woman. However, this change of father to wife can not prevent the payment of alimony to children. In case of deprivation of guardianship from the father, the guardianship will not be entrusted to the mother. The guardianship of these children is usually the responsibility of the paternal grandfather and in the absence of him, the ruler of the city.
- If a mother changes gender, She will not become a child and will play the role of mother for the rest of her life. On the other hand, custody of the child is with the mother until the age of 7, and even if the mother changes gender during these 7 years, the custody of the child is still with her during the legal period. However, in case of remarriage, custody of the child is taken away from him and handed over to the father or paternal grandfather.
3. The effect of gender reassignment on heredity
- If children change their gender during their parents’ lifetime, they will inherit according to the new gender. Otherwise, if they change their gender when their parents die, they will inherit according to the previous gender.
- In any case, after the death of their children, the parents inherit according to their gender when the baby’s sperm closes.
4. The effect of gender reassignment on blood money and the sentence of retribution
- The ransom of these people is calculated according to the new gender. In case of a crime, the punishment is retribution based on gender at the time of the crime.
5. The effect of gender reassignment on some
- If a woman changes gender and becomes a man, she no longer needs to hold back. In general, transgender couples are exempt.
6. The effect of gender reassignment on contracts
- If gender affects the contract, gender reassignment will invalidate the contract. Otherwise, the contract will continue if gender is not important.
Military service and employment after gender reassignment
Trans people are exempt from military service. People whose status is unknown will also have a 6-month temporary exemption. During these 6 months, they are examined from different angles and the medical council decides on their exemption. These people have no restrictions or prohibitions on employment.
The last word
The situation of gender reassignment in Iran is improving and becoming easier. To help reduce the cost of gender reassignment surgery, the Welfare Organization has provided financial assistance for those whose gender identity disorder has been confirmed.
It is better to identify the identity and behavioral disorders of different people in childhood to eliminate them as soon as they reach puberty. Ignoring these symptoms and increasing the age of people will aggravate more psychological disorders and injuries.