Hospitals Issuing Medical Reports in Gender Reassignment Authorization Cases

A gender reassignment authorization lawsuit, pursuant to Article 40 of the Turkish Civil Code, is defined as the judicial process of examining a transgender individual's identity claim, supported by psychiatric and endocrinological reports, for the purpose of upholding justice and protecting rights.

The answer to the question of which hospitals issue gender reassignment reports is that they must be fully-fledged training and research hospitals located in the province where the transgender plaintiff, applying for judicial authorization for gender reassignment, resides. This determination is made in accordance with the procedure that courts are bound to observe under relevant laws and regulations. Indeed, in cases directly affecting personal rights, such as gender reassignment, only reports from specifically designated healthcare institutions are deemed valid. Consequently, it is self-evident that these reports must be based on a scientific and impartial foundation to ensure the establishment of justice.

One of the prerequisites for a gender reassignment authorization lawsuit filed pursuant to Article 40 of the Turkish Civil Code is that the plaintiff must be psychologically transgender. To substantiate this, a psychiatric report from a fully-fledged training and research hospital is required. This provision, based on explicit legal regulations, constitutes one of the primary conditions to be examined by the judge. Specifically, the court does not rely solely on abstract claims but renders its decision based on a detailed medical report. Naturally, it is particularly crucial for the protection of the plaintiff's rights that the report's content and meaning align with the plaintiff's gender identity.

However, some transgender individuals apply to hospitals before initiating legal proceedings. In practice, hospitals often schedule appointments far in advance, leading to delays in obtaining the relevant reports. Even after a lawsuit is filed following the procurement of such a report, some courts may still issue a referral order to a hospital for a confirmatory report. The most practical approach, therefore, is to file the lawsuit with a well-reasoned petition prepared by a legal professional, and subsequently obtain a referral order from the court for an assessment at a fully-fledged state hospital. This is because hospitals tend not to give excessively long appointment dates to transgender individuals referred by a court order, whereas individual appointments can often be scheduled far into the future. It is crucial to consider the litigation process with the assistance of legal counsel to prevent any loss of rights for the plaintiffs. Conversely, individual applications may lead to delays, causing the gender reassignment request to be protracted. Accordingly, conducting the legal procedure through the most appropriate means and methods will ensure that a favorable decision for the plaintiff is obtained expeditiously.

Courts also refer individuals to the endocrinology department, in addition to the psychiatry department. Here, the transgender individual's testosterone and estrogen levels are measured. For transgender individuals transitioning from female to male, a high testosterone level is noted, while for those transitioning from male to female, a high estrogen level is observed. This examination holds exceptional significance for the inclusion of biological data in the legal process. However, it is self-evident that the purpose of law is not solely to rely on biological measurements but also to consider personal identity rights and the balance of social justice. For instance, even if hormone levels are appropriate, a judge may not authorize gender reassignment if the psychological report is unfavorable. Consequently, scientific data are subject to judicial interpretation within the legal framework.

However, not every hospital in our country possesses the same level of competence. Some fully-fledged state hospitals in our major cities specialize in healthcare matters for transgender individuals. Nevertheless, it is observed that hospitals in many of our provincial cities lack the same expertise in this area, and medical reports not being prepared in accordance with the factual circumstances lead to a loss of rights for transgender individuals during the litigation process. To facilitate a smoother process, if feasible, it is highly important to temporarily establish residency in a city where the most competent hospitals are located (so that the lawsuit can be filed in that city) and, at a minimum, to obtain medical reports from a specialized hospital. The reality here is that while laws and regulations grant equal rights to individuals, practical disparities can create obstacles in accessing these rights. Justice, however, demands the equal and prompt delivery of rights. Therefore, the selection of hospitals for obtaining reports should be considered in a manner favorable to the plaintiff, and strategic decisions necessary for the most sound progression of the process should be contemplated in advance.

Gender reassignment is a singular and paramount event in the lives of transgender individuals. Therefore, there is a legal benefit in pursuing the legal process with the assistance of a professional attorney specializing in this field. The attorney's involvement yields positive outcomes for the plaintiff, not only in drafting the petition but also in meticulously managing all stages of the proceedings. Accordingly, the pursuit of legal procedures by professionals ultimately signifies the promptest and fairest delivery of the plaintiff's rights.