变性人婚姻家庭权利研究

Research on Marital Family Rights of A Sex-change Person

就法理而言,自然人享有变性权。应把变性视为婚姻关系终止的单独的一种原因。夫妻一方变性后,无法履行同居义务,致使以性生活为主要内容的同居权的实现成为不可能,故变性权与配偶权存在冲突。如果夫妻一方患有严重的"易性病",变性手术前进行了不少于2年的心理矫治、精神治疗,但其病态心理仍未矫治好;日常生活中试行异性角色至少3年,确感满意并坚持变性要求;年满25周岁且具备完全民事行为能力,即应优先保护其变性权。否则,应优先保护配偶权。

According to jurisprudence, a natural person enjoys the right to change his sex. The sex-change person has right to marriage. The sex change will be one independent reason for terminating marriage. After one side of the couple gets gender-changing, they could not fulfill the duty of cohabitation, so that it is impossible for them to fulfill the right of cohabitation about which the main content is sex life. So there are conflicts between the rights of gender-changing and spouse. If one side of the couple suffers serious ＂Transsexualism＂, there are more than two years＂ mentality rescue and cure before the operation, but his or her morbid psychology failed to be rescued; he has played the part of opposite sex for three years at least, and he really feels satisfied and insists on gender-changing; he must be a Full Capacity for Civil Conduct of over 25 years old ; and thus the right of gehder-changing should be protected in order of priority. Otherwise the right of spouse should be protected firstly.