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The Court of cassation refused June 7, his marital status change to a shemale, on the ground that it had not proved the irreversible nature of its transformation by refusing a triple medical expertise.
Associations lesbian, gay, bi and trans, including the Inter-LGBT, have denounced Tuesday in releases a "decline" of the rights of Transexuals.
S. 28 years, born boy, had requested his marital status change after an operation in 2008, recognised that it became women. The tribunal de grande instance (TGI) of Paris ordered before deciding whether a triple psychiatric, endocrinological and gynecological expertise.
S. objected to this expertise, often regarded as "traumatic, humiliating and intrusive" by associations for the defence of transexuals, the tribunal dismissed his request. The Court of Appeal upheld the dismissal.
"To justify a request for correction of the reference to sex contained in a birth certificate, the person must establish under what is commonly accepted by the scientific community, the reality of shemale syndrome which it is reached as well as the irreversible nature of the transformation," said the Court of cassation, in its judgment of 7 June.
However, after having examined the documents produced by the applicant, the Court noted "on the one hand that the certificate stating that a surgical operation carried out in Thailand was lapidary (...)" without recognizing the effectiveness of the intervention", and" on the other hand that Mr. X was a principled refusal "triple expertise.
S. justifies its refusal expertise in stating that even if it is required, since a 1992 law, that the person proves that it presents the transexualisme syndrome, that it enjoys a surgical treatment and that it has a physical appearance closer to the opposite sex, "proof of these elements is not necessarily reported by judicial expertise".
She had produced a series of documents, including certificates of endocrinologists, psychiatrists and doctors, which one described his "reassignment" surgery and the other confirmed the irreversible nature of this operation.
Associations Inter-LGBT (lesbian, gay, bi and trans), Acthe and SOS-homophobia questioned the judgment of the Court of cassation, denouncing "a setback" of their rights while in 2010 the Department of Justice directed the TGI to no longer systematically require the judicial expertise, except in case "serious doubt".
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