Trans: on forced sterilization the Milan Court of Appeal agrees with Certi Diritti!


Sentence 1176/2015 of 26/05/2015 of the Milan Court of Appeal reversed the first instance sentence, and ordered the transcription of a marriage subscribed in Argentina by an Italian man and a transsexual girl whom obtained a sex change and name and became in women to all effects in accordance with Argentinian law  (n. 26.743 del 23.05.2012) without being obliged to undergo forced sterilization. The couple was assisted by Gabriella Friso, from the directive council of  the Associazione radicale Certi diritti and lawyers Giulia Perin and Massimo Clara.

It is thus not possible to It is thus not possible to rely on past identity registration of the woman without violating the right to respect the identity of that same person. The marriage must thus be recognized in all respects, also under Italian law, as a marriage contracted between two persons of different gender, not contrary to public policy and with all legal effects of marriage.

This is a very important judgment which presents a precedent in the struggle for reform of the Italian laws that have governed sex change since 1982, and which in 2015 continues to oblige those who wish to change their name and gender on official documents to undergo reassignment surgery of the genitals.