Transsexualism in Portugal: the legal framework and procedure, and its consequences for transsexuals

Sex reassignment surgery (SRS) in transsexuals is not allowed under Portuguese law which means that individuals have turned for aid to other countries to achieve the corresponding bodily 'correction'. Furthermore, those who submitted to SRS abroad suffered a stressful experience involving an unpredictable outcome when they asked for a subsequent change of their civil status records so as to update the data concerning sex and forename in their birth certificate and identity papers. In the last few years some people, especially doctors, have been taking steps to remove political, judicial and medical prejudices and attitudes in relation to the transsexuals' situation in this country; however, the main obstacles and procedures remain practically unchangeable. Based upon their medico-legal experience in such cases, the authors point out some aspects related to the situation of the transsexuals examined at the Institute of Legal Medicine of Lisbon since 1982, as well as their judicial outcome. In order to draw attention to the present situation of transsexuals within the Portuguese legal framework, this is compared with those of other European Union countries. Recognizing that this situation has become a heavy burden for transsexuals, the urgent necessity for Portugal to follow the main principles of Recommendation 1117 (1989) of the Parliamentary Assembly of the Council of Europe is stressed.