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跨性別者的成家權利
Thesis

跨性別者的成家權利

呂欣樺
Masters, 國立清華大學, 科技法律研究所
2014

Abstract

跨性別者(變性人) 變性手術 性別變更登記 家庭權 生育權 收養 Transgenders Sex reassignment surgery Gender recognition certificate Right to family Reproductive right Adoption
Transgender is the state of one's gender identity or gender expression not matching one's assigned sex while one's sexual physiology structure is normal, and which we call “Gender Dysphoria” or“Gender Incongruence” in medicine. Advancements in medical technology have allowed people to master their own sex, thus Countries around the world have stipulated legislation to protect transgender people's rights. Although there is no law for transgender people in Taiwan now, the government still tries to regulate transgender people's rights by the Executive Order or explain the law. In this article, I will focus on the transgender people's right to family. Hoping to discuss the family law issues that after transgender people complete the sex reassignment surgery, such as marriage, adoption of children, and even they may need the help of artificial reproductive technology to have the next generation in the future. We will see whether the provisions are appropriate through reviewing the law in operation, and try to outline the Constitution and the law which can protect transgender people effectively.

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